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Crime and Justice With Ashleigh Banfield

Wife Killed After Giving Birth; Former NFL Player Killed Wife; Murder Investigation; Murder Trial Underway; Bizarre Home Invasion: Top CNN Heroes. Aired 8-9p ET

Aired November 16, 2017 - 20:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[20:00:00] (BEGIN VIDEO CLIP)

JEAN CASAREZ, HOST, CNN: A young woman stabbed to death with cuts all over her neck.

UNIDENTIFIED FEMALE: They should have never, ever happened.

CASAREZ: And police say they didn`t have to look far for their suspect. He flagged them down.

UNIDENTIFIED FEMALE: I just want to see justice for my sister.

Behind bars, her husband, a former NFL player for the Dallas Cowboys.

UNIDENTIFIED FEMALE: He was very verbally abusive to her, very disrespectful to her.

CASAREZ: Now her family members say they were scared for her safety.

UNIDENTIFIED FEMALE: I was never such a fan of Anthony. There`s just something not right about him.

CASAREZ: A father arrested after police say they found him living in a storage unit with his two young children.

UNIDENTIFIED FEMALE: He took that away from us.

CASAREZ: But investigators say something else was in there with them. His wife dismembered inside a tote bag and a cooler.

UNIDENTIFIED FEMALE: I can`t even process it.

CASAREZ: But the father maintains he did nothing wrong.

UNIDENTIFIED MALE: My wife kills herself and tried to kidnap our children.

CASAREZ: A medical examiner reveals the gruesome details.

UNIDENTIFIED MALE: The wounds on the arms, I mean, those could be considered defensive.

CASAREZ: How a beautiful young woman was brutally strangled in her own apartment.

UNIDENTIFIED MALE: Tremendous force that was applied to her neck.

CASAREZ: And prosecutors say it was the building security guard that not only took her life.

UNIDENTIFIED MALE: The covers are halfway, three-quarters on the bed and you can see Ms. Samsudean`s hair coming from underneath it.

CASAREZ: But raped her as well.

UNIDENTIFIED FEMALE: Ian, what would you say to this woman?

CASAREZ: Police make an arrest in the kidnapping of a 94-year-old woman after a home invasion.

UNIDENTIFIED MALE: He has admitted his involvement in this.

CASAREZ: Police say the suspect tied her up and put her in her car trunk.

UNIDENTIFIED MALE: Done this for drugs and need for money.

CASAREZ: For six hours.

UNIDENTIFIED MALE: He was a very, very dangerous individual.

CASAREZ: How they linked him to this brutal case.

(END VIDEO CLIP)

CASAREZ: Good evening. I`m Jean Casarez in for Ashleigh Banfield. Thank you so much for joining us. This is Primetime Justice.

It just keeps getting worse. The story of a father who police say was living in a Missouri storage unit with his 2-year-old daughter, 4-day-old

infant and two containers carrying the remains of their dismembered mother.

He told police she killed herself just after giving birth at a hotel in Kansas City. But tonight we know what he says happened next, that he

documented her dead body and then dismembered it with their children in the room.

(BEGIN VIDEO CLIP)

SARAH MONTEIRO, VICTIM`S SISTER: He neglected to try to help her in order to save her life. So either way he`s responsible for her death. Knowing he

dismembered her in front of his children, he`s just should never be released from jail on top of what he did to my sister.

(END VIDEO CLIP)

CASAREZ: Now Justin Rey is charged with abandonment of a corpse as well as child endangerment, something that has reportedly been an issue in the past

with four older children taken by child protective services or kidnapped by them as he put it in court.

(BEGIN VIDEO CLIP)

JUSTIN REY, CHARGED WITH DISMEMBERING WIFE`S BODY: I`m not going to stop talking because I have rights too. And you are not letting any of my

rights, marital rights, parental rights by having media here that is nationwide and it`s an O.J. Simpson case for something not proven and never

happened under assumption and not probable cause.

There were no Miranda rights read. I was slandered to my leg and my name. I got a legal searches team, I got tampering with government documents, lying

over government document, illegal (Inaudible). I`m talking about law and justice. You guys are doing so much illegal stuff.

Because you guys the most wealthiest county in the United States and they think they`re going to get away with it. It`s not right. I have religious

rights, parental rights, marital rights. My wife kills herself and you guys kidnap our children. I`d love for you to appoint me. I`m not -- anything

wrong or anything mentally unstable. Totally illegal strike against (Ph) me.

(END VIDEO CLIP)

CASAREZ: OK. Let`s start with Bob Alexander. He is the news director for 92.5 Fox News in Fort Myers, Florida. Bob, this is horrific. It is just

absolutely horrific, and it`s real life. It`s not a fiction. It`s a real life.

Now, this man Justin Rey, you just saw him and you just heard him. Because he said, I want to talk to you, judge. That was just a few days ago in

court.

[20:04:59] He has not been charged with the murder of his wife. He has not. And there were two crime scenes, for a better terminology, right, Bob, one

in Kansas and one right over the border in Missouri, but it`s the hotel. What do we now know, according to prosecutors, that it is believed he did

in a hotel room in Kansas City, Missouri?

BOB ALEXANDER, NEWS DIRECTOR, 92.5 FOX NEWS: Jean, as you mentioned, this is as gruesome a case as you could possibly think of. He is accused of

placing his dead wife on the bed, taking pictures with his dead wife and kids right beside him. He then is accused of cutting up his wife in a

bathtub and putting her in a cooler.

What he did instead in the cooler he actually flushed down a toilet. And he said he had a pot boiling on the stove in the kitchen of the hotel room and

boiled what parts also wouldn`t fit in the cooler. And all of this happening with an infant child and a toddler right there to see it all. It

is absolutely unthinkable.

CASAREZ: And there`s the hotel right there. I mean, people can stay in that hotel. We don`t know if they`re renting that room out at this point, but

anybody could rent that room.

And you know, Bob, it`s even worse than that. What you just said. Because on October 20th, it is believed she gave birth to their child in that room

in the bathtub. That`s the last time she was ever seen alive.

And Bob, isn`t it true that originally in a probable cause statement he said that she had died during childbirth but then he also said she

committed suicide. Which one is it?

ALEXANDER: Yes. He hasn`t been very consistent with his stories and I think that`s what led law enforcement to delve much further into this. And of

course, the preliminary autopsy confirmed that the remains were of his wife, but they are still investigating exactly how she die. We don`t know.

CASAREZ: Right.

ALEXANDER: If she died from suicide or from giving childbirth. We don`t know if he, this man could well be a murderer, but until that autopsy is

complete, they have not and will not charge with any further crimes as far as the death of his wife. The latest charge abandonment of a corpse was

added to endangering the welfare of a child and aggravated endangering of a child, two counts.

CASAREZ: That`s right. Bob, isn`t it true -- let`s get all the facts out -- on October 23rd, I believe it is, he checked out of the hotel and

surveillance video caught him -- and this will be part of the prosecution, but he`s wheeling behind him an ice chest, right, Bob, a cooler.

ALEXANDER: That`s correct.

CASAREZ: A cooler, black bag and a stroller in one hand with the infant and the 2-year-old. I want to go to someone that is pivotal, really pivotal in

this case because, Terry, you are joining us tonight. You actually saw this man after he checked out of the hotel and with the two children. Where did

you see him? And why did you stop?

TERRY, EYEWITNESS: Well, ma`am, we first observed Mr. Rey at a restaurant that we frequent two or three times a month that`s on -- in the Waldo area

of Kansas City, Missouri. Address about 76 Warne, I believe. We were eating in there, my wife and I. And Mr. Rey and the two children came in after we

were already setting down and eating. And we couldn`t help but notice with this little newborn strapped to his chest, the goings on there. We I think

at first assumed that he was waiting for a friend or possibly his wife or the children`s mother.

CASAREZ: And was this on October 23rd?

TERRY: I believe it was on the 24th, I believe.

CASAREZ: OK. So he had spent one night in the storage unit already. Now, when you spoke with him, did he say anything about his wife? Because this

was a 4-day-old baby that was with him.

TERRY: Yes. He did. He told me face-to-face that he -- that the baby`s mother was lost at childbirth. That she passed away giving birth. And ...

(CROSSTALK)

[20:10:05] CASAREZ: What was his demeanor? What look did you see in his eye as he spoke to you?

TERRY: Well, you know, he seemed to be looking right through you, if you will, like -- I mean, I believed it when he told me that, but it did make

me wonder what they were doing out running around, you know, two or three days right after this child was born, and the mother passing away during

this birth. And...

(CROSSTALK)

CASAREZ: So, he told you that he ultimately wanted to take a train out of town but wanted to go to his storage unit first. So you and your wife --

and this is the pivotal part of this. You actually took him to the storage unit.

TERRY: Yes, ma`am, we did. We observe another table three female occupants in the restaurant. One of the ladies went to talk to him and he -- we

believe that he asked her to watch these two children while he went to the rest room. And he left and came back.

And I noticed that she had offered him some money. And I mentioned to my wife that it looks like this lady`s giving this guy some money. And so she

said, well, we probably should do the same, you know. Formula and diapers being what they are, you know, he could probably use it. So I went over and

offered him some money, and he took it. And I just inquired...

(CROSSTALK)

CASAREZ: So I want to ask you, Terry, when you get to the storage unit, you and your wife follow him in. And I think your wife just said that it was

quite a puzzle to get where the storage unit was. He gets in there and does he immediately go to this cooler to bring it out?

TERRY: Personally, immediately, my wife stayed outside in the car. The two children and Mr. Rey and I went into the U-Haul. And it was down several

hallways and around some corners. And the first thing he got out was a baby stroller. And he put the 2-year-old in the stroller. And handed me the lock

for the storage unit door and the 2-year-old saw this in my hand and her and I were conversing, you know, about -- not really conversing but I was

telling her this was a lock and she repeated lock to me a couple of times.

CASAREZ: Terry, when he brought out the cooler.

TERRY: Yes, ma`am.

CASAREZ: Did you see it dripping?

TERRY: Yes, ma`am, I did.

CASAREZ: Were there pools of liquid in the storage unit from that cooler and the bag?

TERRY: I didn`t see any pools of liquid in the storage unit. After he removed the cooler and the tote, Rubbermaid tote, they were both about the

same size and he also brought out a clear plastic gallon jug that was half full with some brownish-reddish liquid. And he told me that it was urine.

And at the angle I was looking at him, I asked him is there something leaking out of that cooler? Because I saw four or five puddles, small

puddles on the floor. And he told me, no, that`s the urine leaking and I need to dispose of it.

CASAREZ: My goodness, my goodness.

TERRY: Yes, ma`am.

CASAREZ: Terry, I want to go to Michelle DuPre right now who is a medical examiner and forensic pathologist joining us. I first want to ask you, we

don`t know if the autopsy is completed, all right? Because here are the facts. The body was desecrated. Some of it was burned, boiled on top of the

stove, other bits of it were put down the drain. There was some tissue found in there. We don`t know if it was all intact or not. How difficult

will an autopsy be to determine the cause of death here?

MICHELLE DUPRE, FORENSIC PATHOLOGIST: Well, Jean, surprisingly, it may not be that difficult after all. The incident happened relatively soon after

the body was discovered. Chances are that the medical examiner would be able to tell perhaps what type of weapon was used, if one was used as the

cause of death. There will also be other things that we`ll look for to help determine what that cause of death might be.

CASAREZ: But can you determine if it`s death at childbirth, suicide or homicide?

[20:15:05] DUPRE: Well, that`s always the question. And it`s going to depend on the totality of circumstances. We have to look at the entire

facts surrounding the case. We have to look at the body itself.

Oftentimes, yes, we can tell if it`s suicide or not or if it`s self- inflicted. Again, it depends on how that suicide was done or the cause of death that was actually used. Childbirth, again, childbirth death at

childbirth now is not that unusual but it is a bit unusual, so we`ll look for signs of that. And so we will probably be able to narrow that down.

CASAREZ: All right. Well, that will determine really if there`s a murder charge here. Terry, I want to go back to you. So he`s wheeling out the

cooler that`s dripping, the baby carriage, the infant four days old, the 2- year-old. So you start to walk out of the door of the U-Haul, which is climate controlled, by the way, and there are the police, correct?

TERRY: That is all correct, yes, ma`am. I`m actually pushing the stroller with the 2-year-old in it and he`s wheeling the cooler and he had taken a

pair of boots out of our car and put them in that storage unit was the only thing he had with him that he left behind at the unit. And was, as you

said, wheeling this cooler and the tote for...

(CROSSTALK)

CASAREZ: So what did the police do?

TERRY: We met just face-to-face right there at a glass door where you enter and exit, and it`s a motion sensor type of a door and the door opened and

the police asked us to step out. And asked what was going on, what were we doing.

And two officers took him and the children and the cooler and stuff to one side of this loading dock, if you will, and another officer separated me by

15 to 20 feet from Mr. Rey and the goings on there and simply asked me if I had some I.D. and my wife was still in the car, but there was -- at that

time an officer had gone over to gather the same type information from her.

I couldn`t see that from where I was standing in the parking lot, but they -- I believe they soon realized that we were who we said we were and we

told him the circumstances why we were there.

CASAREZ: Did you hear anything that he said to law enforcement at all?

TERRY: Yes, I did. Couldn`t hear it all, but in a fairly loud voice, I heard him call them Nazis and I heard him tell them that they didn`t have

any right to take his children from him and that they were intervening in him being able to care for his children.

CASAREZ: And law enforcement is saying that there was just sort of an excited utterance during that time where he admitted that he had

dismembered his wife`s body. Did you hear that?

TERRY: I did not hear any of that.

CASAREZ: All right. Well, Terry, I think it was pivotal when you and your wife went to the U-Haul because that then allowed the police to arrive and

we do know the U-Haul called police at that point. Otherwise he could have gotten on that train because of donations, and he would be long gone. Thank

you so much to all of you.

A young mother and a fitness fanatic. She is murdered. And police say they didn`t have to look far for the prime suspect who slit the woman`s throat.

In fact, he flagged them down.

[20:20:00] (COMMERCIAL BREAK)

CASAREZ: Stabbed to death in an exclusive upscale Park City, Utah, condo with cuts all over her neck. That is what prosecutors say happened to Keri

Gauf, the wife of former Dallas Cowboys player Anthony McClanahan. And they said he did it. Killed her with a small knife she had worn as a bracelet

after learning she might have been having an affair.

The story McClanahan told first was that his family had been attacked. Two or three men breaking into the condo to hurt him, his wife and their baby.

But police checked and found that no one had entered the building and that baby, it just didn`t seem to be around.

An officer found the former football player barefoot and bleeding that night with cuts all over his body saying he was crawling on the ground and

managed to wave the officer down before convulsing and waving his arms as though he was making snow angels.

A neighbor reportedly called 911 after he had yelled for help army crawling through the hallway. Now he`s facing murder charges. But some of her family

says he was abusing her long before he killed her.

(BEGIN VIDEO CLIP)

HEATHER GAUF, KERI GAUF`S SISTER: I was never such a fan of Anthony. As a sister, I had a pit in my stomach. There are just something not right about

him. She said that, you know, things were little different that he, all of a sudden I feel like this sweet loving husband had kind of been dropped.

And he`s very verbally abusive to her, very disrespectful to her.

(END VIDEO CLIP)

[20:25:11] CASAREZ: Let`s start with Tom Perumean. He`s a reporter for KTAR News 92.3 in Phoenix. Tom.

TOM PERUMEAN, REPORTER, KTAR 92.3: Yes.

CASAREZ: This is a very wealthy area, Park City, Utah. It`s elite. A lot of stars live there. Notable -- I mean, CEOs, the Olympics were held there.

It`s right outside of Salt Lake City, Utah. They were in a condo. Were they going to live there? Were they moving there? What do we know about this

couple? And they were just married in January, right?

PERUMEAN: Exactly. There really isn`t a lot that we know about this, but what we do know is that they lived primarily in Glendale, Arizona. That`s a

suburban community down here right here near Phoenix. And I believe that Keri and Anthony McClanahan were involved in sports fitness. And they had

been living down here in the Phoenix area.

And Mr. McClanahan (Technical Difficulty) apparently attempted kidnapping of his son. Apparently he picked his son up from school without Keri`s

permission and that started a legal matter down here. And this is sort of where everything really began to start coming apart, with regards to their

separation, things were getting dicey.

And then I believe (Technical Difficulty) from what we understand Keri, who was originally from the Seattle area, she was -- she was in Park City and

he went up to Park City as well and that`s when all of this took place.

This condominium area that they were in is sort of a -- it`s run as part of a resort up there. So there`s a hotel connected to it. You`re right. It`s

very upscale and it`s very unusual that something like this happened there, but where this all started was down here in the Phoenix area as they were

near...

(CROSSTALK)

CASAREZ: And Tom, people might recognize this man because this is Anthony McClanahan. He was a former member of the Dallas Cowboys. He`s a football

player. He was on their roster. There he is right there. That`s his mug shot. That`s not his team shot.

But he`s someone that has strength and is someone that was fit as his wife was. And we do know that his wife wore a bracelet that was a Para cord

bracelet knife is what they`re saying it is. And that`s what they believe was the murder weapon because she was cut all around her neck.

So obviously cut in those arteries that can just bleed out.

Joining us now is her sister. Keri`s sister Heather Gauf is joining us tonight. I know that you want a little bit known, rightly so, about your

sister. And I was reading this, and it`s really amazing because hurricane Harvey that devastated Texas this year, your sister actually went to Texas

and then also went to Puerto Rico to help out?

GAUF: Yes. And actually on into Florida as well. She went to help with any relief efforts. Originally she started this with her own funds going around

and helping anyone that she could.

Unfortunately, you know, Anthony kind of saw this as a way to capitalize giving people to donate money to them and actually things kind of fell

apart while they were on their trip where he was...

(CROSSTALK)

CASAREZ: So he went with her?

GAUF: He went with her on the travels, yes.

CASAREZ: And he was collecting donations for the hurricane?

GAUF: Hurricane relief funds, yes.

CASAREZ: And she believed there was some impropriety there?

GAUF: Yes, she did. She started to realize that throughout their travels, and she -- I believe it was in Puerto Rico. We had kind of poor connection

there. We weren`t able to talk every day like we normally do, but it sounded like she had confronted him about it. She didn`t like that he was

kind of conning people out of money in order to use it. She wanted to do it just solely to help people and that was kind of an issue with his past. So

she was kind of beaten by this.

(CROSSTALK)

CASAREZ: So he was trying to take donations, according to your sister, to keep the money himself?

GAUF: Yes. He was getting people to donate water and things like that. Typically they weren`t even paying for it. I think there was one video

where they were actually paying for it. People were donating everything to them. Plus he was trying to get donations for his Go Fund Me to have all

this done, pay for their travels and things like that.

[20:30:00] Actually when K.C. had confronted him, it was because he was getting rather hostile with people who are donating and he would call out

them for not donating enough when he thought there could be more and things like that. And this is a side of him she had never seen before. She really

didn`t know what was going on.

And instead of trying to work through it with her and trying to be understanding, he was extremely disrespectful to her and talked down to her

and threatened her and finally when they came home to Arizona on September 16th, he punched her. And she called me that day. And I said, pack your

bags, get home. And she drove home the next day from Arizona and moved back in with me here in Washington.

Over that period of time, it only seemed like a few days that she was here, and then Anthony was in a panic, saying that his son`s mom had kidnapped

his son, which actually is not KC. That was from a previous relationship he had a son with. And so he was frantically calling my sister saying he

needed help, you know, that they had kidnapped him and that he was going to go get them back -- and get him back, get back Easton, his 6-year-old. And

he did get him and then he --

CASAREZ: Heather, I want to tell you, we are looking at pictures of your sister on the screen. And she is beautiful.

GAUF (via telephone): Thank you.

CASAREZ: And I think we can forget at this moment, you`ve lost your sister. Your sister is gone.

GAUF (via telephone): Yes.

CASAREZ: This person we see in the pictures that is so alive and we see the athletic nature of her. She`s gone.

GAUF (via telephone): Yes.

CASAREZ: Now, he is charged with her murder. He is denying everything. He is innocent until proven guilty. But when was the last time you spoke with

your sister? Because she did go to Utah. Was she going to try to work it out with him? Or why did she go to Utah?

GAUF (via telephone): She went to Utah on her own. He followed her there. He wanted to work things out. She wanted nothing to do with him, although

she did talk to me -- I talked to her on November 1st in the afternoon. We spoke, as we always do. And she was saying, you know, she was getting ready

to come see me the next day. She wanted to come home. And that was kind of the plan.

She wasn`t getting along with him. You know, she said that she would help him get back on his feet after he went through this whole issue with going

to jail for kidnapping his son and things like that and he didn`t have money and things like that.

She was trying to help him get back on his feet until she could kind of leave, but then she said that he was fine in the condo so she was going to

leave and come home and see me a little bit and try to regroup and figure things out.

CASAREZ: Did you know about the bracelet she wore that was also a knife?

GAUF (via telephone): Yes, that was her defense device. She would always keep that on for protection. She traveled a lot on her own and things like

that. She`s very outdoorsy. That`s a pretty common thing. You can buy those.

CASAREZ: For survival.

GAUF (via telephone): Yes.

CASAREZ: Prosecutors are now saying that was the murder weapon. All right. Heather, thank you so much for joining us. We will stay on the case, I can

promise you.

Security guards are expected to protect what they are being paid to watch, but in Florida, prosecutors are trying to prove one guard raped and killed

one of the young women living in the building while he was on the job. And the medical examiner has now testified that her death was extremely brutal.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Did you form an opinion about what caused Miss Samsudean`s death?

GARY UTZ, MEDICAL EXAMINER: Yes. She is -- she`s dead as the result of asphyxiation and a particular type of asphyxiation, manual strangulation.

(END VIDEO CLIP)

[20:35:00] (COMMERCIAL BREAK)

CASAREZ: Sasha Samsudean was found wrapped in a comforter and coated in bleach, left lifeless in her own apartment, and according to the medical

examiner who testified today, it was a homicide.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Did you determine a manner of death?

UTZ: The manner of death is homicide.

UNIDENTIFIED MALE: What does that mean to a forensic pathologist, the terminology homicide as opposed to how I might use it?

UTZ: That means that the death was the result of the action of another individual.

(END VIDEO CLIP)

CASAREZ: Prosecutors say the man who did it is her building`s former security guard who took advantage of an intoxicated young woman before he

took her life. The medical examiner said today she died of asphyxiation and a great amount of force was used. She had multiple injuries on her body.

And the defense insists it wasn`t him. But he`s facing a potentially damning piece of evidence.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Do you know the results of the swabs that you submitted for testing?

UTZ: My understanding is that the defendant`s

[20:40:00] DNA was recovered from a breast swab.

UNIDENTIFIED MALE: Do you know how the DNA that you talked about got where you found it?

UTZ: No.

UNIDENTIFIED MALE: Do you know how long it had been there?

UTZ: No.

UNIDENTIFIED MALE: And you`re not able to say whether it was saliva, are you?

UTZ: No.

(END VIDEO CLIP)

CASAREZ: A jury will have to decide whether there is enough evidence to put Stephen Duxbury in prison for life. They`re not just hearing from the

forensic pathologist who is testifying about the injuries. Today they heard from the officers whose missing person case became a murder investigation

as they described what it was like to find her body and what Duxbury did and didn`t tell them.

Let`s break this down. First of all, "Primetime Justice" producer Justin Freiman, who joins us. Justin, this evidence is compelling. It`s an uphill

battle in some sense. The defense has so much to work with. The defense team is very experienced in all of this. So the medical examiner took the

stand. Cause of death, strangulation. What was the testimony today about that?

JUSTIN FREIMAN, PRIMETIME JUSTICE PRODUCER: That`s right. Not only that, he said extreme force was used. Probably both hands. He also pointed out

multiple injuries on the body, but, of course, the defense is saying, you don`t know when those got there, who did it, and that`s where they`re

starting to poke their holes.

CASAREZ: The defense is trying to say -- first of all, I mean, they said that she didn`t show any resistance, that there aren`t any defensive wounds

at all. They`re trying to show that there could have been consensual activity, right?

FREIMAN: That`s right.

CASAREZ: Between the two of them at some point.

FREIMAN: That`s right. But then on the flip of it they`ve also pointed out on the stand that, well, if she`s being strangled, she could have passed

out within a minute or two. And we also know that she was intoxicated that evening. Those two factors together might could show why maybe she couldn`t

fight back.

CASAREZ: Right. They said that -- the medical examiner said you could pass out in a very short period of time so you wouldn`t be able to fight back.

Let`s listen to a little bit of the testimony that we have today from, I believe, the medical examiner in that courtroom.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You didn`t see any signs of defensive wounds on the body, did you?

UTZ: Well, the wounds on the arms, I mean, those could be considered defensive.

UNIDENTIFIED MALE: The abrasions?

UTZ: Yes.

UNIDENTIFIED MALE: OK. How about any -- but again, no broken nails, no trauma to the knuckles, things like that, right?

UTZ: There was some minor trauma to the hand, but, you know, whether or not that`s a defensive injury, I think that`s very subjective.

(END VIDEO CLIP)

CASAREZ: Very subjective. OK, Justin, the bleach. This is critical. He is charged with murder and he is charged with sexual battery, which is rape.

FREIMAN: That`s right.

CASAREZ: But there`s no DNA.

FREIMAN: That`s where the bleach comes in. Because the medical examiner talked about this. Bleach was placed on her private areas and in her

private areas. That would eliminate that DNA. So they don`t have the actual proof of who might have raped her.

CASAREZ: Or even if she was raped. Let`s go to Michelle DuPre who is a forensic pathologist joining us, a medical examiner. Dr. DuPre, if you, in

fact, don`t have evidence of a rape because of all the bleach, is there -- you don`t have the DNA. Is there any way you can still prove a sexual

battery forensically?

MICHELLE DUPRE, MEDICAL EXAMINER: Actually, there is. We look at things other than just finding evidence of rape through DNA. We can look at

injuries sustained around the vaginal area. We know that consensual sex doesn`t cause the same type of injury as sex that may be forced. So we can

look for things like that.

Again, the medical examiner mentioned defensive wounds. That`s somewhat subjective, but typically wounds that are on the hands or on the

extremities are defensive wounds. That`s where you would get those sorts of things. So we would look at that whole picture.

CASAREZ: But the medical examiner said, Dr. DuPre, that the bleach caused the decomposition to take place very rapidly. So how would you have the

evidence of force in that area?

DUPRE: We will look for things like tears, abrasions, bruising, excuse me, things of that nature that bleach really won`t destroy. It may destroy the

surface of the skin but again a bruise or a contusion is where trauma has caused blood to be squished out of places where it shouldn`t be into that

surrounding tissue. And so that`s evidence of that if there was trauma.

CASAREZ: All right. Forensics are very important in this case. Remember, the defendant says that he is not guilty and was not in that room at least

on that night. That`s where the defense is going, consensual activity at some point.

[20:45:00] Thank you to all. An unusual victim in a particularly brutal and violent home invasion. Police say a man kidnapped a 94-year-old woman, tied

her up and stuffed her in the trunk of her own car for six hours. How officers tracked him down?

(COMMERCIAL BREAK)

CASAREZ: Tonight a 94-year-old woman is safe. Thanks to the men at an Arizona mall who saw something and said something. Because police say she`d

been abducted by her

[20:50:00] own neighbor, thrown in a trunk, and left in a parking lot.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE (voice-over): There is a gal here that was sitting in her trunk and I just checked on her to see what the deal was and she said she

has been abducted. She has duct tap around her neck and a zip tie on her arm and she is sitting here in the trunk of her car.

UNIDENTIFIED FEMALE (voice-over): I`m sorry, did you say she`s in the trunk?

UNIDENTIFIED MALE (voice-over): Yes. That`s why I stopped here to see if she needed some help. I don`t see people sitting in their trunks too often.

UNIDENTIFIED FEMALE (voice-over): And you`re just a passerby, right?

UNIDENTIFIED MALE (voice-over): Yes. I was driving down the road and I came in here to Dillard`s because I was that the Chamber of Commerce has a

visitor center in here somewhere. And I glanced off to my left hand side and we saw this lady sitting in her trunk. So I drove down to Dillard`s and

my brother-in-law is with me and he says, you know she didn`t look that happy, so I pulled up here to see what she was doing.

And she said she had been abducted. And was parked here in her car in her trunk and she just now got out because I don`t know, it looks like there is

some kind of latch in here where you can pull it and maybe opened the trunk. But she is still sitting in her trunk.

UNIDENTIFIED FEMALE (voice-over): Do you see any weapons on her?

UNIDENTIFIED MALE (voice-over): She`s 95 years old.

UNIDENTIFIED FEMALE (voice-over): How old did you say she was?

UNIDENTIFIED MALE (voice-over): Ninety-five is what she told. Or she will be 95 next month.

(END VIDEO CLIP)

CASAREZ: So 25-year-old Ian Nielson is looking at attempted murder charges along with aggravated assault, kidnapping, and robbery. Because police say

he didn`t just take his neighbor, he broke into her home, took her money, and even broke her sternum.

(BEGIN VIDEO CLIP)

HUGH LOCKERBY, SERGEANT, SCOTTSDALE POLICE VIOLENT CRIMES UNIT: He had done this for drugs and a need for money. He was a very dangerous individual

because of the fact that he targeted a very vulnerable victim. Very emotional for her. It wasn`t something that we just received right away.

This still was over the course of multiple interviews with her.

(END VIDEO CLIP)

CASAREZ: Police say she will make a full recovery, but it will be a slow process. Defense Attorney Kirby Clements joins us. Kirby, I don`t know if

she is going to make a full recovery. She`s 95 years old. That is so taxing on her heart and her constitution and everything about her. I mean, this is

just -- there`s got to be justice here.

KIRBY CLEMENTS, DEFENSE ATTORNEY: Well, first of all, as to her recovery, it`s unfortunate that they indicated that he had broken her sternum.

Elderly people don`t do very well when they break bones, first of all. This is a very troubling case. And you`re correct. A neighbor that breaks in,

kidnaps her. You know, injures her. It`s a tragic case. I think that she will still be able to have a good quality of life once all of this is over.

CASAREZ: I hope so. I hope so. But you know, I know you`re a defense attorney. I know there`s got to be a defense. But this man needs to be

locked up because if he can do it to her, he can do it to others.

CLEMENTS: You know, I think that we have to really understand what got him to this point as well. As a defense attorney, even though people must face

justice, we have to figure out what`s appropriate in this under the circumstances.

CASAREZ: Life in prison is appropriate. Attempted murder.

CLEMENTS: Well, attempted murder. I would say that this is not a murder case. So life in prison should be off the table at this point. We got to

figure out where this man`s head is. Does he suffer from any mental illness?

We haven`t heard what his background story is to go and rob a neighbor and stick her in the trunk and then leave her, like he left her. There is a lot

of questions in here that just make this seem so haphazard and spur of the moment that something clearly doesn`t seem correct with this man.

CASAREZ: All right. We will see what happens. Thank you, Kirby. We`ll be right back.

[20:55:00] (COMMERCIAL BREAK)

CASAREZ: Voting is under way for the CNN hero of the year award. Meet one of this year`s top 10 heroes, Khali Sweeney.

(BEGIN VIDEO CLIP)

KHALI SWEENEY, CNN HERO: I don`t see bad kid, I see a kid who hasn`t been heard yet. I always wonder where was my real family at? I found the family

that I was looking for in the streets. If you spent enough time with kids, you will find out that they are going through the same thing that I was

going through. No mentors, no positive role models, ready for prison, the county morgue.

Keep your hands up above. Let`s go.

Boxing teaches you to block out all the outside noises. This is just a vehicle to get the kids in the door. This is actually an academic program.

We hold our kids at the same standard with counterparts in the suburbs or anywhere in the world. The stuff we`re doing here is the stuff that should

be given to everyone. When I first met Jordan, I didn`t see the kid that everybody else saw.

UNIDENTIFIED MALE: If I hadn`t found Khali, I think I would be dead or in jail. He`s a savior.

SWEENEY: Let`s keep working. Let`s go. There you go. That`s all you got to do is just do it, Jordan.

Throughout my life, looking for my family. They become my family.

(END VIDEO CLIP)

CASAREZ: Vote for Khali or any of your favorite top 10 heroes at CNNHeroes.com. Thank you so much for joining us. I`m Jean Casarez.

[21:00:00] We`ll be back here Monday night at 8:00 for "Primetime Justice." "Inside" with Chris Cuomo starts right now. Good night, everybody.

END