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PRIMETIME JUSTICE WITH ASHLEIGH BANFIELD

Serial Killer on the Loose in Las Vegas; Battered Wife Recorded Brutality of Ex-Husband. Aired 6-8p ET

Aired February 7, 2018 - 18:00   ET

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


(JOINED IN PROGRESS)

[18:00:00] S.E. CUPP, HOST, HLN: As home plate from Shea Stadium took a ride on the shuttle Atlantis. But that`s not one of game since. Just

saying.

OK. Crime & Justice with Ashleigh Banfield is up next.

ASHLEIGH BANFIELD, HOST, HLN: Good evening, everyone. I`m Ashleigh Banfield. This is Crime and Justice.

An update tonight on that urge enter search for the driver of a pickup truck who slammed into a car on an icy street in Milwaukee and then made a

run for it. The video is hard to watch because a mother on her way to church gets killed and her son is right there in the car with her.

Police say the driver was going at freeway speeds, but he was on a city street when he lost control on the snow and slush. And that`s what caused

the crash that killed Monica Hernandez. Her 13-year-old boy also badly injured from that violent impact.

And the driver didn`t stick around after the crash and the video caught it all. Neither did the other two in the truck with him. And you can see them

running away right here. Two people have now turned themselves in. But the driver? No way. That driver is still at large.

One of the passengers, however, who did turn herself in, identified the driver as this guy. Juan Mata Chavez. And the topper is, he shouldn`t have

been driving in the first place, because his license had been revoked for a previous operating while intoxicated charge.

According to reports, police say the truck`s owner, Chavez`s sister. Well, here is where it gets even uglier. Apparently tried to report that truck

stolen about half an hour after the crash, because that would be convenient.

Later admitted, though, it was her brother who had been driving and still he is out there. So if you know anything about him or about this incident,

the police are asking for you to please give them a call.

No drunk driving arrest is ever a good thing. But this one in New Mexico is particularly outrageous. Not because the couple is allegedly putting all of

the other drivers on the road at risk because of their reckless behavior but because they also had their own three little kids right there in the

backseat of the car.

And because both of them were allegedly drunk, twice the legal limit. It was a good Samaritan who spotted them and gave the police a heads up about

their dangerous driving. But the couple -- well, you can see it here -- they were having none of the whole request to stop. Refused to pull over.

So it was finally a state police officer who had to take matters into his own hands, forcing that stop and ordering that couple out of the car. Look

how it played out.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Driver, get out of the vehicle. Exit the vehicle let me see your hands now.

(END VIDEO CLIP)

BANFIELD: Well, one of the officers says you can see had to carry one of those babies out of the car. Because they spotted the kids gathered up the

little ones and, of course, the car seats. But, don`t you know, the parents still had to chime in while all of this was going on.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Can I take my son home? Please?

(END VIDEO CLIP)

BANFIELD: Yes. He was right, his daughter was going to cry. Now Shelton Johnson and Philleria Phillips are both charged with child abuse, along

with DUI.

Admit it. You really don`t know where to look when you spot a homeless guy on the sidewalk in front of you. You want to look away and avoid the

situation. But then you try to be respectful and look right at him.

And now you feel locked in, like you have to give him money. But is there time to find the money? Because you`re only about two steps away by this

point. And what if that money is going to go toward his drugs or something? And if you don`t give anything at all, God, isn`t that heartless?

And by the time you have finished these mental gymnastics, you`re ten steps past him, right? We have all been there, usually with the best intentions.

But on the streets of Las Vegas, a hulking six-foot figure had none of those thoughts. Instead his reaction to someone who looked homeless, kill

them. Four different times. Four different victims. Hard to believe, isn`t it?

In fact, I was pretty suspect of this story until I saw this video. And I want to warn you what you`re about to see is disturbing.

So here is the victim -- the suspect, walking up, pauses behind this sign. Slowly, you`re about to see his arm outstretched, heading right towards

that sleeping mound. That is the homeless man. Muzzle flashes and all. And the suspect runs off.

[18:05:00] Again, that victim is homeless and sleeping on the street. That suspect sees him, and goes in, point blank. And it didn`t just happen once.

With me now, Las Vegas investigative journalist, Aaron Rosen. Aaron, it`s just hard to believe that the most vulnerable among us ended up being a

target. I suppose I might be able to sort of process this if it were one victim but it`s been going on and on. Are the police, where you are, about

to label this a serial killer on the loose?

AARON ROSEN, INVESTIGATIVE JOURNALIST: Well, Ashleigh, I have to tell you, it is shocking. It almost takes us back to the Tampa, Orlando, shootings

all over again with a number of victims, especially the transient, the most vulnerable among us here in Las Vegas here at the Las Vegas metropolitan

headquarters just behind me.

This is kind of a hard story. Because they`re trying to piece it all together. Some have been found to be mostly related. Another one they`re

saying now they`re not sure if they could tie it together or related to gang violence or some other type of violence, Ashleigh.

BANFIELD: So, OK. Aaron, maybe help me walk through the timeline. Because with four victims, not everyone died. Two died, two survived. One of them

turns out not to be homeless at all. Don`t know if it was a mistaken identity or what it was.

But let`s start Monday, January 29th at 12.30 in the morning. What happened in that particular case?

ROSEN: That was in Logandale, which is a city to the north of us, outside of the county seat on the way toward Mesquite, where Mr. Paddock presided,

if you remember that.

So we`re kind of all, a community all bound together. This was outside of a convenience store, Ashleigh. And the victim there just happened to be

outside when he was a victim of gun violence and being shot at. He did survive. And later on that morning, around 3 a.m., they were called to

another death in the area of Las Vegas.

BANFIELD: OK. And that one is that 3.06 a.m. if I`m not mistaken? That first victim survived. He was not homeless. But about two and a half hours

later, 3.06 a.m. This is outside a business. What happened there?

ROSEN: Same type of thing that this gentleman was a transient male, asleep in a sleeping bag. Brian Clegg was the victim staying in this one. Just

outside of a business and, unfortunately, succumbed to his injuries.

BANFIELD: So, then about four hours later, same night, 7.13 a.m. a victim actually woke up during the attack. What was that story?

ROSEN: There, of course, sleeping as well. This gentleman did survive, but woke up with a gunshot wound to the head. Again, another arbitrary shooting

to the head, it was transported to a regional medical center and did survive this. But all they said was he woke up with the injury. So, another

random violence towards our transient community here in Las Vegas.

BANFIELD: OK. It looks as though this mystery suspect -- and I described him before as sort of a hulking six-foot figure wearing a dark hoodie and

light pants. I`m going to get more into the description in a moment. But it looks like he waited a few days. He went from Monday January 29th to Friday

February 2nd, but still middle of the night, 4.16 a.m. What happened there?

ROSEN: This one involves a war veteran. He did not survive his injuries, was shot, apparently, from the video that you just showed at the top of the

show, from a vehicle that they have a description of. He walked up to the male, who is asleep on the street and shot him twice. And it appeared that

there was no struggle but he did not survive as well.

BANFIELD: So the video that they`re releasing, clearly, they want the public to jump in and help out here. But what`s super fascinating is that

they`ve been able to link all four of these shootings. And it appears mostly by the vehicle.

So I want to just play, if I can, several of the videos that they`ve released that really show the same car involved in almost all of them. The

SUV driving along the underpass. Actually chasing this victim. It goes back one way and then turns back and comes back the other way, right before the

shooting.

So, that`s that first, horrible incident where we actually saw the muzzle flashes. You can see that light-colored Hyundai SUV chasing the victim. In

the second video that they released you see the suspect walking along this fence. Same outfit.

And that`s something that links them. The dark hoodie, the light pants and the black high top sneakers can be visible in this one as well. This is

also approximate to another shooting.

In the third video, again, this is still February 3rd -- all three of these videos, February 3rd. You can see the SUV turning a corner right before yet

another shooting. The shooting is close by to where this video captures that SUV. Look very closely at it. She looks really nice, too. It doesn`t

look like it`s beat up. It looks shiny, at least in these pictures.

[18:09:59] This is again, a very early morning shooting. They`re looking for more surveillance at this particular area as well.

And then in the fourth video, this is when we skip to January 29th. And it looks like the suspect SUV is driving in the background of this

surveillance video. But then you can see the suspect walking towards the business where Brian Clegg, the victim who was killed was sleeping. He was

sleeping outside of that business. And he was shot dead.

And then you see the suspect running. Apparently it`s hard to see but if you look carefully, you can see the suspect with that dark hoodie and the

high top sneakers. It looks like the hoodie is lighter or at least the jacket is lighter, then running with what it looks like a gun in his right

hand. Did you see it? You can see that position of him running off.

So the next video is actually in a parking lot, and surveillance video that shows yet again the light colored Hyundai SUV leaving a parking lot and

they`re looking for more evidence that might show this SUV leaving the parking lot. But do they have any suspects yet, Aaron?

ROSEN: Not real suspects that have been announced. They did hold a press conference yesterday. Sheriff Lombardo has tasked his homicide team and a

captain who oversees that who is providing updated information for us.

We don`t have any new solid -- however, we do have the Hyundai. And the reason why the disparity in the colors is because the footage being black

and white and at nighttime which can present various, you know, colors to the eye.

BANFIELD: Sure. I want to bring Sergeant Jeff Clark, he`s at the Las Vegas Metropolitan Police Department. Sergeant Clark, are you any closer to

finding who that hulking figure is in those surveillance pictures?

JEFF CLARK, POLICE SERGEANT, LAS VEGAS METRO POLICE DEPARTMENT: You know, I believe we are. You know, our homicide team has made this priority one as

well as our whole agency. We`re working through our new central intelligence unit to piece as much together as we can.

And make no mistake, I mean, I hope this depraved individual is watching this right now. We will find you. So do the right thing. No one else needs

to get hurt. And turn yourself in.

BANFIELD: So, Sergeant Clark, you called him depraved. I look at him like a serial killer. But he`s not being called a serial killer officially. That

is why?

CLARK: You know, you look at the FBI`s definition of a serial killer and there had to be murders that happen with a month off or more in between and

these are four shootings that occurred in a nine-day span.

So, per the FBI`s definition, is he a serial killer? No. But he`s well on his way to becoming one. Obviously, his intention was to kill all four of

those people. You don`t just shoot and essentially attempt to execute someone while they`re sleeping if you don`t have that in mind.

BANFIELD: Well, and maybe the better definition if we want to go textbook is spree. Spree killer. Because these are unbelievably similar, the close

range you mentioned that the targeting of the individuals who all either were or appeared to be homeless. Can I ask you about that close range, is

that something that helps you in this investigation, to find this guy?

CLARK: His motive is going to be the same in all of these, right. You`ve talked about the car being linked and the close range. We`ve linked these

four shootings together forensically through firearms, ballistics and like that.

So, this person is obviously a danger but he is definitely on our radar and we`re not going to stop until we find him. You`ve mentioned it. The other

gentleman mentioned it that this guy is preying on the most vulnerable part of us.

And you mentioned that the last victim is a Vietnam War veteran. Is that the way that someone that served this country so honorably should meet his

fate? I don`t believe so.

BANFIELD: I`m with you there. No one deserves this, no matter what kind of life they`re living. Many of them are victims of mental illness as well,

they are victimized many times over. If you see people on the street, just know that there is a long history for many of them. Much of them care.

(CROSSTALK)

CLARK: There is.

BANFIELD: Sergeant, one last question.

CLARK: Yes?

BANFIELD: There are a lot of homeless people in Las Vegas. It is impossible to protect them all. But is there something going on in your community

where you`re at least rounding up many, some getting the warning out that this is happening to them?

CLARK: We are. We`re, you know, obviously we`re going through social media and stuff but they don`t have access to that. So we have something called

our MORE team which is a multiple agency outreach team. And they actually go to where these homeless are and offer them services.

And we do everything we can to offer them, you know, a safe place to sleep, a job training, food, anything that they would need. Because we understand

it`s a much greater issue than what meets the eye on the surface.

So we are out there with them. We are informing them of what`s going on. But most importantly, we`re telling them, and the public, to be on the

lookout for this vehicle, which is a 2016 to 2018 Hyundai Tucson sport limited. And the color is going to be a gray or bluish, from what we`ve

been able to see.

[18:14:59] And we`re also asking our community members, we will solve this. But we can do it faster with your help. So, please go back, review any

surveillance footage you have at your home, or your business, and see if you see that vehicle that we`ve put out and let our homicide section know

immediately so we can follow up on that.

BANFIELD: Might also be a light silver color. Sergeant Clark, thank you. And good luck to you as you chase this down.

What`s important here is that these victims may be homeless but they are not nameless and they are not faceless. They have families. They have moms

and dads and brothers and sisters and uncles and cousins and daughters.

Oneida Lewis-Baker is one of those daughters. It was her father, killed by this spree shooter. She joins me now from Las Vegas. Oneida, our hearts go

out to you as you learned the news that this person targeted your father. You know, this is so difficult. I just want you to tell us what we should

know about your dad.

ONEIDA LEWIS-BAKER, DAUGTHER OF A MAN KILLED BY SERIAL KILLER: Thank you for giving me this opportunity to get my father`s story out there. He is a

wonderful man, very hardworking, loving. He stayed to his self. So it was very difficult to see in the way we found the news out because I hadn`t

talked to him in many years. But he is a very, very private person. But he was hardworking. And we just love him to death.

BANFIELD: Well, as I mentioned, our hearts go out. And for the love of God, I hope that your town is able to track down whoever it is who did this to

your dad and to those other three people as well. And I hope to hell that they can find him before he does it anyone else. Oneida, thanks for sharing

your story and thanks for telling us the good things about your dad.

LEWIS-BAKER: Thank you. And again, thank you for sharing this story. And I just plead to the community that if someone knows anything to contact the

metro police department. Because it`s very sad that, you know, not only my dad lost his life but these homeless people, period. And it`s just the why.

Why would you kill someone that doesn`t have anything? And I just pray that this person is caught.

BANFIELD: They are, as we said before, some of society`s most vulnerable. Oneida Lewis-Baker, thank you. Thank you for that.

LEWIS-BAKER: Thank you.

BANFIELD: We turn our attention now to the mayor of Cape Coral in Southwest Florida. She`s got a story to share with us and it doesn`t have anything to

do with her city. It doesn`t have to do with canals in Florida or manatees. It is about an ugly case of domestic violence. And this is her. It is her

case. This is what she experienced at the hands of her ex-husband. And guess what. She rolled tape. You`ll see it in a moment.

[18:20:00] (COMMERCIAL BREAK)

BANFIELD: When the first blow hits, the typical reaction is shock. When the second blow hits, survival kicks in. But nowhere in the manual of being

beaten to a pulp does an instinct kick in to roll tape.

That is, unless you are Mayor Marni Sawicki of Cape Coral, Florida. Because when her ex-husband was trashing her and thrashing her around a Miami hotel

room with her teenage son on the other side of the door, she somehow had the wherewithal to hit record on her phone.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: (muted) I don`t need you. You (muted) ruined my (muted) life. You ruined my (muted) life.

UNIDENTIFIED FEMALE: Stop it. Damn you. You hit me.

UNIDENTIFIED MALE: (muted) you. You ruined my (muted) life because you`re so wrapped up in your own shit.

UNIDENTIFIED FEMALE: Don`t hit me.

UNIDENTIFIED MALE: (muted) hit me again.

UNIDENTIFIED FEMALE: Don`t hit me.

UNIDENTIFIED MALE: (muted) do it again. Do it again.

UNIDENTIFIED FEMALE: You`ve already hit me enough.

UNIDENTIFIED MALE: I didn`t (muted) hit you. Look at my (muted) face. Look at my face.

UNIDENTIFIED FEMALE: You`ve hit me enough.

UNIDENTIFIED MALE: Look at my face. Who hit who?

UNIDENTIFIED FEMALE: Leave me alone.

UNIDENTIFIED MALE: Take your shit. You (muted) whore. Here`s your Michael Kors shoes from your (muted) pimp.

UNIDENTIFIED FEMALE: Leave me alone.

UNIDENTIFIED MALE: Your (muted) pimp. Here`s more pimp shoes. You (muted) whore. Pimp! Pimp.

UNIDENTIFIED FEMALE: Leave me alone. Leave me alone.

UNIDENTIFIED MALE: Pimp!

UNIDENTIFIED FEMALE: Leave me alone.

UNIDENTIFIED MALE: Whore! Pimp!

UNIDENTIFIED FEMALE: My kids.

UNIDENTIFIED MALE: (muted) you!

UNIDENTIFIED FEMALE: My kids.

UNIDENTIFIED MALE: Well maybe then you shouldn`t have done this to me. You called my kid a (muted) asshole one time. You don`t ever call my kid a

(muted) asshole. You understand me? You don`t call my kid a (muted) asshole. Your girls are into (muted) cocaine and every other thing.

(END VIDEO CLIP)

BANFIELD: Marni Sawicki was in Miami for the U.S. conference of mayors because she was a mayor and she brought the family along. And that

recording was a big part of her husband`s conviction on domestic battery by strangulation.

[18:25:00] So were the pictures in which both Marni and her husband Kenneth Retzer show injuries. Court records show that Marni fought back during the

attack, causing her husband to look like this at his sentencing, though, that was a different picture. Both Marni and her son addressed the

courtroom.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: When I heard that he was just a monster and what he did was unforgivable.

MARNI SAWICKI, FORMER MAYOR, CAPE CORAL, FLORIDA: My children and I will never be able to forget that night where he once again called me horrific

names, launched at me, strangled me and beat my head with your fist.

(END VIDEO CLIP)

BANFIELD: In the end, Kenneth Retzer did not go to jail. He was, instead, sentenced to one year house arrest and three years` probation. He`s going

to have to wear a GPS monitor for that one year and cannot come within 500 feet of Marni or her children.

When the case wrapped up, Marni said she wanted to dedicate much of her time to advocating for domestic violence victims and that`s why she`s now

live here with me tonight for this exclusive interview. Marni, wow!

SAWICKI: Yes.

BANFIELD: Wow! My first question -- I`m going to get to all the meat of this case, and the mission. How did you get your phone and hit record

during that beating?

SAWICKI: You know, I think it`s one of those things that went, as a victim, fight or flight. You`re not really -- I had started to record six months

prior our arguments. And it was really just for my own -- trying to get out of the relationship. And so I think that`s part of it. I just ended up -- I

had been doing it for a while. And I just hit record.

BANFIELD: This where you started your tape wasn`t even the beginning of the beating.

SAWICKI: No.

BANFIELD: Help me understand, this was a 45-minute long beating?

SAWICKI: Yes.

BANFIELD: And how long into it did you finally get the phone and hit record?

SAWICKI: Forty five minutes I do. I don`t remember if I had it. I don`t remember if it was in my hand the whole time and then after -- if you

listen to the entire video, I don`t even remember recording it. And saying -- I`m asking my son where`s my phone. And I tell the police, you know, get

my son. He recorded it.

BANFIELD: That son was in the adjoining hotel room.

SAWICKI: Yes.

BANFIELD: Eighteen years old.

SAWICKI: Yes.

BANFIELD: His room is unlocked. That as we all know adjoining hotel rooms have two doors and yours is locked. He can`t get to you.

SAWICKI: Correct.

BANFIELD: He can`t do anything to save you, he can hear everything.

SAWICKI: Yes.

BANFIELD: What was he doing? What was he saying? What was he thinking?

SAWICKI: You know, it`s evident in the text between him and his sister that he was scared, you know. He`s writing, Madison, please come home. Please

get back to the hotel. Ken is hitting mom, you know. I don`t know. I`m not equipped to handle this. You know, I can`t imagine what was going through

his head. And he`s a quiet boy, so. And not until he banged on the door did Ken leave.

BANFIELD: So at one point -- I`m going to play a little bit more of this tape that you recorded because there was a lot of it. I mean a lot.

SAWICKI: Yes.

BANFIELD: At one point he`s demanding the ring that he gave you, your engagement ring?

SAWICKI: Yes.

BANFIELD: And the language he`s using -- we`ve seen some of it in the original tape. But he knows that your son is there at the door. Your son is

banging on the door.

SAWICKI: Yes.

BANFIELD: He knows your son is there and this is what`s going on. Have a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Get out.

UNIDENTIFIED MALE: Give me your (muted) ring.

UNIDENTIFIED FEMALE: Get out of my room before I hit you in the face.

UNIDENTIFIED MALE: Do it. I (muted) dare you.

UNIDENTIFIED FEMALE: You`ve hit me enough.

UNIDENTIFIED MALE: I hit you nothing. I dare you. (muted) give me everything you (muted) got bitch. Give me everything you got.

UNIDENTIFIED FEMALE: Get out of here.

UNIDENTIFIED MALE: Give everything. Give everything you got. You know why? Because that`s the kind of (muted) you did with (muted) and with (muted).

You (muted) whore! You (muted) whore!

(END VIDEO CLIP)

BANFIELD: I hope you and the kids are in intensive counseling after this. There`s another aspect to this story that is I think disturbing to many,

frustrating to some. And that is the internet.

SAWICKI: Yes.

BANFIELD: And the victim shaming that`s gone on since this. And there is sort of a whole sordid history between you and Ken. And let`s be real

clear, it doesn`t matter what you said to each other, what you did to each other in your romantic life. Nobody gets beaten like that and gets away

with it.

SAWICKI: I agree.

BANFIELD: Nobody deserves it. You didn`t have it coming. Let`s put it right on the table. A woman doesn`t have it coming. And you can read whatever you

want on the internet. But it is interesting to see your relationship.

And this is where I have to ask you a tough question. He was your ex- husband in that hotel room. You had been through a volatile relationship with him, on again, off again, beatings that you say had happened in the

past, an order of protection that you had sought. And you had finalized and left him.

[18:30:00] Why did you accept him back into your life, especially at that hotel with your children there?

SAWICKI: Yes. And that goes to the cycle of abuse. And it is. It`s one of those questions that I don`t, you know, therapy, as you mentioned, is where

that I`m now learning crazy making and, you know, gas lighting and what those terms mean. But it`s a cycle. And they honeymoon and they, you know,

tell you what you want to hear to bring me back.

BANFIELD: (INAUDIBLE) during your honeymoon?

SAWICKI: Yes, yes, yes. A lot of those injuries, he was hitting himself in the face and punching himself.

BANFIELD: You had also bitten his finger terribly. I think there`s a terrible injury to his finger prior to much of that horrible beating that

you endured as well. So the next big question is, he left the hotel room and then returned several hours later to continue this assault?

SAWICKI: Yes.

BANFIELD: Why didn`t you call the police right then and there?

SAWICKI: I don`t remember any of that. And --

BANFIELD: Because he did. He came back and he called the police.

SAWICKI: He did.

BANFIELD: But you never called the police to say I nearly lost my life, this man just strangled me and I`m black and blue.

SAWICKI: If you see and hear my kids talk, they will tell you that I looked out of sort and disoriented and in shock. And I just cried and sat on the

bed and said I`m sorry to them over and over and over.

BANFIELD: Your two adult children didn`t call the police either. Why not?

SAWICKI: My son at that point, after he banged on the door, Ken left. My daughter was returning to the hotel as quickly as she could. And he had

said, you know, find your own way home. I didn`t, you know, think he would come. My daughter is like, he`s coming back. And I just -- I`m at a mayor`s

conference, 250 of my fellow mayors.

BANFIELD: Real quickly. He has got a GPS monitoring for one year. And then what?

SAWICKI: Three years probation.

BANFIELD: What about for you? After one year of GPS monitoring, what about you?

SAWICKI: Yes. There`s -- they end. In fact, the GPS, nobody has asked me my address or where I work.

BANFIELD: So if he comes near your home or your kids` homes?

SAWICKI: I don`t know how that goes off.

BANFIELD: GPS doesn`t have that registered?

SAWICKI: Correct, yes, it does not.

BANFIELD: Seems like the system is missing a few links.

SAWICKI: It is broken. It is broken.

BANFIELD: Marni, thanks for sharing your story. And, you know, I`m so sorry that you`ve had to go through this. And I think the fact that you`re a

mayor, has put it in the spotlight. And you continue to put it at the spotlight. It shows that it does -- this kind of thing happens across all

socioeconomic status. It happens everywhere. Now looking back, you cut those ties and you don`t go back.

SAWICKI: You have to have the courage, though, to do that.

BANFIELD: I hear you.

SAWICKI: You know, that`s the tough part. That`s the part we need to work on.

BANFIELD: Madam mayor, thanks for being here. Appreciate it.

SAWICKI: Thank you.

BANFIELD: Good luck on your mission, you know, spread the word about domestic violence.

SAWICKI: Thank you for having me.

BANFIELD: It`s laudable and it is a message that needs to be spread. Thank you.

SAWICKI: Thank you very much.

BANFIELD: Appreciate it. Coming up, a former Virginia Tech student. Not looking at the academics here. Looking at the mugshot here. Because he is

accused of luring a 13-year-old girl out of her home, 13, and then killing her. His attorney says he didn`t do it. But the details from the courtroom,

you`ll be the judge next.

[18:35:00] (COMMERCIAL BREAK)

BANFIELD: Ask anyone and they will tell you that "Dexter" is one of those shows on TV that you just have to binge. It is definitely not for the faint

heart though, lot of cruel and grizzly violence, sinister, plots, twists and turns.

As it turns out, "Dexter" is an excellent source of information for killers looking to get rid of evidence. At least that`s what a courtroom in

Virginia heard today. As a former Virginia Tech student went on trial for the murder of a 13-year-old girl that he met online.

Police say David Eisenhauer`s research included googling that gruesome TV show for how to get rid of bodies and also consulting with a female pal

named Natalie Keepers who investigators say suggested that he just grab the child from behind, cover her mouth, and slit her throat.

And all of those details were unloaded into a courtroom where the mother of that baby-faced girl sat coldly across the room, staring at that defendant,

a defendant that she more than likely wanted to kill herself. Want to get you caught up on this murder case of Nicole Lovell.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE (voice over): January 26th, prosecutors believe Virginia Tech students David Eisenhauer and Natalie Keepers plot to kill 13-year-old

Nicole Lovell over a fast food meal. The two also purchased a shovel at Walmart.

On January 27th, Nicole Lovell disappeared after midnight. At 12:39 a.m., she and Eisenhauer have their last online interaction. Her mother finds her

bedroom door barricaded and her window open. Lovell`s disappearance prompts an intense three-day search.

[18:40:00] January 30th, search warrants are executed at Virginia Tech. Eisenhauer is questioned. The state says he denies involvement in Nicole`s

disappearance, but says he saw her come out of her window, saying the two exchanged a "side hug." Eisenhower is arrested, charged with felony

abduction. Hours later, the seventh grader`s body is found.

UNIDENTIFIED MALE: It is with a heavy heart that I have to announce that we`ve located the remains of 13-year-old Nicole Madison Lovell.

UNIDENTIFIED FEMALE: Nicole touched many people throughout her short life.

UNIDENTIFIED MALE (voice over): Some time after Lovell`s body is found, Natalie Keepers sends a text to Eisenhauer saying "police."

UNIDENTIFIED FEMALE: A very preliminary determination of cause of death is stabbing.

UNIDENTIFIED MALE (voice over): Eisenhauer is charged with murder on February 1st.

UNIDENTIFIED MALE: Nineteen-year-old Natalie Marie Keepers has been charged by Blacksburg police with one felony count of improper disposal of a body

and one misdemeanor count of accessory after the fact.

UNIDENTIFIED MALE (voice over): February 3rd, Keepers charges are upgraded to accessory before the fact. February 4th, Keepers is denied bail.

(END VIDEOTAPE)

BANFIELD: Joining me now, The Washington Post crime and courts reporter Ellie Silverman. She was in the courtroom today for the trial. I`m just

assuming, Ellie, that you could have heard a pin drop when this poor victim, Nicole, when her mom saw that man walking into the courtroom for

the first time. Take me to that moment.

ELLIE SILVERMAN, CRIME AND COURTS REPORTER, THE WASHINGTON POST (via telephone): The family was pretty cornered off with the victim protection

unit from the criminal attorney`s office. But when she took the stand as the first witness to testify, she was remarkably composed. That is, until

the end of her testimony when she was describing what it was like to realize that her daughter was missing.

BANFIELD: I actually have that moment. You know what, Ellie? I have that moment. And I would like to say that for -- since you brought that up, I

would like to play that for our viewers. Have a listen to this as we hear the whole moment where Tammy Weeks knows that now Nicole is gone. Take a

look.

(START VIDEO CLIP)

TAMMY WEEKS, MOTHER OF NICOLE LOVELL: I went to go open the door and the nightstand was up against the door. I pushed it and felt the cold air. I

looked at her bed and she was not there.

(END VIDEO CLIP)

BANFIELD: So, Ellie, is there a smoking gun in this case? Is there a piece or series of pieces of evidence that really, really point towards David

Eisenhauer?

SILVERMAN (via telephone): In the opening statement, the prosecution laid out what they believe that would be. They said that Eisenhauer`s DNA was

found under Nicole`s fingernails and her blood was found in the trunk of Eisenhauer`s car.

BANFIELD: Wow!

SILVERMAN (via telephone): So they said that it would clearly point to Eisenhauer.

BANFIELD: So I know that the background here is that he`s alleged to have been texting with this young girl for a couple of months. And that he met

this young girl, 13 years old, at a party. He alleges she told him she was 16. And then there is the fateful meeting where Nicole Lovell is climbing

out of her bedroom window.

And down below that bedroom window is David Eisenhauer, who tells the FBI that this is the first time he`s meeting this young girl and he`s thinking

she`s far younger than he ever thought. Let me just find out if we have that FBI interrogation.

We don`t have that yet. But he effectively lied, didn`t he? He lied to the FBI when he said I had never seen that girl before. And when I saw her

climbing out of that window, she looked too young for me.

SILVERMAN (via telephone): Whether or not he was truthful in that moment about it, if it was the first time of not seeing her, that has not been

brought up in court yet. Though the prosecution did allude that he may have met her at least once before.

But what they did say that he was untruthful about is that after he said that he saw her climb out of the window and thought not for me, he said

that he left. And that he was the last person to see her in that moment before she went missing.

BANFIELD: And yet there`s all that forensic evidence, you know, on the victim. Real quickly, who is Natalie Keepers to this defendant? Who is

Natalie to David, the defendant? Because she`s about to face her own trial in all of this as well.

SILVERMAN (via telephone): Yes. So Keepers was also a student at Virginia Tech and the two were friends. So, the prosecution said that the two of

them together helped plan the murder. The attorney was saying that Keepers was excited about the idea of carrying this out.

[18:45:00] BANFIELD: Wow. Well, she`s got her own issues. And whether she gets compelled to testify, the word is that she`s going to claim the fifth

because she has a trial of her own, that she`s going to have to cope with. Those charges are extraordinarily serious as well. I believe they include

conspiracy.

I`m going to check on that. In fact, during the break, I`m going to check on what her charges are. But we are going to keep on talking about this

David Eisenhauer case. Still a lot of questions like exactly what is his defense. That`s next.

[18:50:00] (COMMERCIAL BREAK)

BANFIELD: Thirteen-year-old Nicole Lovell was lured out of her bedroom window and was never seen again until she was in her coffin. That little

seventh grader, ultimate victim. Ultimate murder victim. And the man on trial for her murder, a Virginia Tech student, David Eisenhauer in

Virginia.

Michael Christian, our "Crime and Justice" producer joins me now in this case. What exactly, Michael, is his defense in this case, given the

evidence that Ellie Silverman just told us about before the break?

MICHAEL CHRISTIAN, CRIME AND JUSTICE PRODUCER (via telephone): Basically, what the defense is saying is that there is reasonable doubt here because

you have to remember, Natalie Keepers was also involved. And they say there`s enough reasonable doubt in this case to convince jurors that maybe

Natalie Keepers is actually the murderess.

BANFIELD: Right. So Natalie is going to go on trial later and Natalie is facing accessory before the fact to first-degree murder. Natalie is also

facing transporting or concealing a dead body. But I don`t see her charges being murder or conspiracy. But here is the defense attorney for David

Eisenhauer, pointing the blame and directing it straight towards Natalie. Have a listen.

(START VIDEO CLIP)

JOHN LICHTENSTEIN, DEFENSE ATTORNEY: She admitted everything with the sole exception of the one lie she could not cave on. She could not give up. And

that is that she was at the scene of this murder.

(END VIDEO CLIP)

BANFIELD: She was at the scene. Is that enough? Defense attorney Kenya Johnson joins me now live from Atlanta. So, wait a second. Let me get this

straight, Kenya. She did it. The lady who`s not in this courtroom right now, who we may never see in that courtroom and if we do see in that

courtroom, she`s got her own troubles ahead, and she will likely plead the fifth. How much does a jury want to see that or believe that?

KENYA JOHNSON, DEFENSE ATTORNEY: Well, this is what`s called the empty chair defense. Blame it on the person that`s not there. And so even in her

trial, because she is charged, she`ll be pointing the fingers at Eisenhauer, saying that perhaps she was under some sort of duress to

participate.

So what the jury has to figure out is who did what and why? It seems like Eisenhauer may possibly have had the motive, but a defense attorney will

argue that the statements he made to the police should have been excluded. Perhaps there was some sort of mental illness that they will claim. Or that

he had some other motive for -- or didn`t have lack of motive to participate in this crime.

BANFIELD: So, one of the things that Natalie Keepers apparently told the investigators when they interrogated her, Kenya, this is going to be

damning, was that apparently she suggested to her darling friend and some say maybe on again/off again boyfriend David, after dumping a couple of the

plans that they had discussed, including let`s drug her and make it look like a suicide, or let`s knock her unconscious and leave her to die of

exposure.

Apparently Natalie said, let`s go with, quote, the official plan, grab her from behind, cover her mouth, and slit her throat. That is not going to go

well for this defendant, even if she doesn`t show up in this courtroom, correct?

JOHNSON: Well, it would be interesting. A good defense attorney is going to argue that those statements are completely excluded and that it should be

brought in. That she should be required to say that on the stand, which may ultimately incriminate herself, which her defense attorney is going to

advise against. So we`re going to see a lot of finger-pointing and it`s interesting to see what motive will be established as they maintain this

defense.

BANFIELD: Well, I think he might have been worried, the motive that we`re hearing is that he might have worried that somebody found out that he was

with a 13-year-old. Never good. There was some discussion that he thought she might be pregnant as well. Never good.

All right, if you stay put, Kenya, for a second, I just want to update something for our viewers. Last week, Gregory Salcido, known to his

students as Mr. Salcido, caught on camera trash talking the military, calling them all sorts of things, lots of four-letter words, too, in front

of his classroom full of students.

(START VIDEO CLIP)

UNIDENTIFIED MALE (voice over): They`re not like high-level thinkers. They`re not academic people. They`re not intellectual people. They`re the

freaking lowest of our low, not morally. I`m not saying they make bad moral decisions, just they`re not talented people.

(END VIDEO CLIP)

BANFIELD: Our military, not talented. Really, Mr. Salcido? His rant got him suspended, but it did not cost him his job, at least not yet. But last

night, at the El Rancho school board, where they were meeting, man, did they get an earful from the community about his taped outburst.

(START VIDEO CLIP)

[18:55:00] UNIDENTIFIED MALE: I wish he could have told me to my face what he told to those kids. And then it would have been a different story.

BANFIELD (voice over): I bet it would have. Look at that. Look how crowded that meeting was. Look at all of those people in support of the vets. The

parents and the veterans outraged that Salcido has not yet been fired for these extraordinarily insulting comments.

(END VIDEO CLIP)

BANFIELD: By the way, if you missed it, because it was state of the union night, I had a couple of choice words for Mr. Salcido, too. A little rant

of my own. No time to do it now, but you can check it out on our Facebook page at Ashleigh Banfield. I think five million views now. I highly

recommend you take a peek. Would love it if you share it, too. Because our military does not deserve that.

So this is probably something that no 911 dispatcher has ever, ever heard when asking that famous question, "911, what`s your emergency?" Because the

answer that one person got, my house has been stolen! One more thing, straight ahead.

[19:00:00]

(COMMERCIAL BREAK)

[19:00:55] ASHLEIGH BANFIELD, HLN HOST: One more thing for you tonight.

Police get a lot of unbelievable 911 calls, usually about like stolen cars or money or break-ins or jewelry. But, a stolen house? Looky, looky. This

is what a Texas couple saw when they went to go and check on their vacation home that they had just purchased a year prior. It was nothing. Like, not

even the studs. What?!

So they did what any of us would probably do. They called the police, who, believe it or not, later found that house. Turns out it had been

repossessed because the previous owners had gotten behind on the payments. So there`s no word yet on when that house is going to be returned. But,

really, 911? What`s your emergency. Someone stole my house.

The next hour of CRIME & JUSTICE starts right now.

(BEGIN VIDEOTAPE)

BANFIELD (voice-over): An adorable baby girl --

UNIDENTIFIED MALE: I`m trying to make her first word, mama.

BANFIELD: Ripped from her mother`s womb.

UNIDENTIFIED FEMALE: Her words, she was not dead when I cut her.

BANFIELD: By a sadistic neighbor upstairs.

UNIDENTIFIED FEMALE: And took her baby out of her.

UNIDENTIFIED FEMALE: A cold blooded killer.

BANFIELD: Surprise, surprise, the killer has courtroom remorse.

UNIDENTIFIED FEMALE: I`m just really, really, really sorry.

BANFIELD: And tonight, we introduce you to baby hazily.

UNIDENTIFIED FEMALE: We wanted her found. We wanted want wanted her home.

BANFIELD: Who will never, ever meet her mom.

UNIDENTIFIED MALE: Take your shit., You (bleep) whore. Here is your Michael Kors shoes from your (bleep) pimp.

BANFIELD: A wife battered while the camera rolls.

UNIDENTIFIED MALE: Do it again! Do it again!

UNIDENTIFIED FEMALE: You have already hit me enough.

BANFIELD: She was the mayor of a major Florida city.

UNIDENTIFIED MALE: You had all the chance to be the best may remember and you (bleep) shit it away.

BANFIELD: And ex-husband`s attacked.

UNIDENTIFIED MALE: You (bleep) whore. Pimp! Pimp!

UNIDENTIFIED FEMALE: Leave me alone!

BANFIELD: And the blows keep coming. Now this victim of abuse is fighting back and defending her public image.

A 13-year-old girl, lured from her bedroom window.

UNIDENTIFIED FEMALE: I went to go open the door and the nightstand was still up against the door. And I pushed it and felt the cold air.

BANFIELD: Then she is stand to death.

UNIDENTIFIED FEMALE: The person who abducted her, murdered her, and dumped her body.

BANFIELD: Police say it was a Virginia tech freshman that she met online.

UNIDENTIFIED FEMALE: And that person is the defendant, David Icenhauer (ph).

BANFIELD: And that defendant gets a long, cold courtroom stare from that dead child`s mom.

UNIDENTIFIED MALE: This is awful. This is tragedy.

BANFIELD: Why was Nicole even killed in the first place?

UNIDENTIFIED MALE: It all could have been prevented.

(END VIDEOTAPE)

BANFIELD: Good evening, everyone. I`m Ashleigh Banfield. And welcome to the second hour of CRIME & JUSTICE.

On the vast plains of North Dakota, there is a deep and rich tradition among the native American-Indian. They honor the world around them by

naming their children, sitting bull, red cloud, Savannah Greywind. But when Savannah went to name her baby girl, she didn`t get that chance, because a

neighbor stole that baby right from Savannah`s womb. Just weeks before her due date. And now that neighbor, after being sentenced for causing

Greywind`s death is trying to show some semblance of remorse.

(BEGIN VIDEO CLIP)

BROOKE CREWS, KILLER: The person I owe the biggest apology to is not old enough yet to know that any of this is going on. I`m just really, really

sorry.

(END VIDEO CLIP)

BANFIELD: When the dirty work was finished, the killer wrapped Savannah in plastic and dumped her in the red river. And now we are all learning about

that heartless woman. That tragic victim and that beautiful baby who survived.

(BEGIN VIDEO CLIP)

ASHTON MATHENY, FIANCE: Every day, I`m reminded of her, more and more, because every day, she grows, she is starting to look more like her mother.

(END VIDEO CLIP)

[19:05:00] BANFIELD: With me now is Deborah Norville, the anchor of "Inside Edition."

You did a great job on putting all the details together in this story. And ultimately, this was not an easy story to ferret out. Because when this

crime happened, we did not know how that baby came to life. Because Savannah had just disappeared and then they just went tight-lipped.

DEBORAH NORVILLE, ANCHOR, INSIDE EDITION: Yes. And it was such a mystery, because it was all self-contained. Savannah lived with her mother and

father in the basement apartment of a three-story apartment building. She got a call one day from her neighbor upstairs in apartment five. Come

upstairs. The ruse was, we have got a maternity gown. We have been practicing sewing. We would love for you to try it on. So se goes upstairs.

So sure was she that she was just going to pop up and come back down that she left her cellphone in her apartment and she had ordered a pizza.

So the pizza guy`s on the way. That was the last anyone saw of her alive. And she went missing. No one knew what had become of her. And three days

later, the police searched the apartment upstairs, where they found not Savannah, but this beautiful little baby that you see here. Now the baby is

about five months old. The baby was just literally three days old. But still no sign of the mom, until several days later when, as you said in

your lead up report, her body was found wrapped in plastic in the red river.

BANFIELD: And the pictures we are seeing now from "Inside Edition," from your program, that`s Haisley Jo, you know, touching a picture of her mom,

being cradled in the arms of her dad, Ashton Mathaney. You know, they are such young kids, this couple. Savannah was 22. Ashton not much different in

age. And they had been together since they were I think in middle school.

NORVILLE: Yes. They were school sweethearts, high school sweethearts, middle school sweethearts. And they were so excited about this baby.

Savannah`s parents were so excited about this baby. This child was going to be loved. And this child is being loved.

But what happened is the woman upstairs had several children that had been taken from her. And apparently she wanted a baby desperately. We have seen

these stories before, but we didn`t know until just this past week when she was sentenced and she was sentenced to life without the possibility of

parole exactly what had happened. And she had spoken with the prosecutors and the prosecutor read in court the statement of how she obtained this

little baby.

BANFIELD: And it`s harrowing -- it`s hard to even talk about it on television. But I think when you look at somebody who has been sentenced to

life without parole, some call it toe tag justice. You are not coming out of there unless you have a toe tag. You have to know how bad the crime was.

And effectively, Savannah was not dead when effectively they took that baby.

NORVILLE: She was alive. And the prosecutor read a statement in court in which the killer admitted that Savannah was alive at the time she took a

knife and opened her belly and removed the child from her womb. She would pass out, she would scream, she would -- it was a horrific, tortured --

BANFIELD: A tortured death.

NORVILLE: -- murder.

BANFIELD: And I think the way the prosecutor tried to, as delicately as you can, outline this for the courtroom was, she cut Savannah hip-to-hip and

extracted the baby. I think the cause of death afterwards was that she bled to death.

NORVILLE: She bled out, yes.

BANFIELD: There was a cleanup that was performed in that bathroom. And that`s where the co-conspirator comes in, William Hoehn, who has a trial

coming up in I think a few months, as well.

NORVILLE: Right. He will be tried in May. And we probably won`t get anymore details until that trial in May, but --

BANFIELD: Is that because his trial as a conspirator is going to be as serious as hers? Even though she is the one who admitted to doing this

cutting? He is a co-conspirator to murder and he could face the same thing.

NORVILLE: He faces the same thing. And one has to imagine that there was some sort of a plea deal. That she pled guilty to this charge and will

return state`s evidence against her co-conspirator, her boyfriend, William Hoehn when his trial comes up in May.

BANFIELD: And I guess what we still have to say alleged co-conspirator, even though so many of these details have them together, he still yet to be

tried for this.

Back to the Greywind family, the name alone was just so beautiful. You picture them in North Dakota, in the Fargo area, so many of the native

American community rallied around this family. They held vigil. And look at that face. Look at this baby. She looks just like Savannah.

NORVILLE: Just there, a moment ago, was actually in the courtroom. The baby was brought into the court at the time of sentencing so that she would be

present so that the judge could refer to the child. And the statement you had from the defendant, who, Brooke Crews, said the person I most need to

apologize to cannot understand what is going on.

[19:10:00] BANFIELD: Yes, I didn`t feel a thing. I didn`t feel a thing.

You know, let`s play that again. Let`s play Brooke Crews with her big crocodile tears and her apology in court, while across the courtroom is the

baby that she extracted from Savannah Greywind`s womb. Here`s Brooke Crews with her word.

(BEGIN VIDEO CLIP)

CREWS: The person I owe the biggest apology to is not old enough yet to know that any of this is going on. I`m just really, really, really sorry.

(END VIDEO CLIP)

BANFIELD: Yes, I would venture to say she owes an apology to the family who lost Savannah as well and who are tortured by knowing now how they lost

Savannah.

Savannah Greywind`s mother, Norberta (INAUDIBLE) Greywind, you interviewed her as well at "Inside Edition." Such a great interview. I want to play a

portion of it, if I can. Because it really gets to the heart of what they went through while she was missing and ultimately, what they discovered.

Have a listen.

(BEGIN VIDEO CLIP)

NORBERTA GREYWIND, MOTHER: Immediately, my heart dropped. I knew instantly, something happened to my daughter. And we wanted her found. We wanted her

home and I can`t imagine how another human being can do that.

(END VIDEO CLIP)

BANFIELD: And while processing all of this, all of the horror, there`s dad, young Ashton Matheny, barely out of his teen years himself, now a single

father, cradling this gorgeous little baby girl. He had something to say about the loss that he has endured while he is struggling to make a life

for this child. Have a listen.

(BEGIN VIDEO CLIP)

MATHENY: Our seven-year anniversary is coming up on March 20th. They took the love of my life away. They just -- she stripped my future away from me.

(END VIDEO CLIP)

BANFIELD: He was a lot more measured than I would have been, with an opportunity to speak to the public.

If I can, I want to bring in medical examiner and forensic pathologist, Dr. Michelle Dupree.

Doctor, there are so many people have wondered about this case. Obviously, wanting to know how does this happen? How can a layperson perform a

cesarean section on another human being? And how would that death have been for Savannah Greywind. Would it has been -- please tell me it would have

been somewhat quick or somewhat painless and I have a fear you are not going to say that.

MICHELLE DUPRE, M.D., MEDICAL EXAMINER AND FORENSIC PATHOLOGIST: This is such a tragic and really disturbing story. It wouldn`t be that difficult

for someone to simply take a knife and cut open the abdominal area, but the uterus is a thick, strong organ, so it would take some force to do that.

And the blood loss itself, it`s just unimaginable. There would be some pain. Certainly, from the actual cut. It would be a horrible, tragic death.

BANFIELD: And just the sequence of events that played out. The original investigation of this crime had the officers hearing from these two

defendants that when William Hoehn arrived back at the apartment, he said he saw Brooke Crews cleaning up a bloody mess and that she handed over a

brand newborn baby saying, this is our baby, this is our family.

Whatever his story is going to be in his trial, she has told her story in her trial and who knows whether she will also tell part of the story in his

trial.

And for that, I want to bring in defense attorney, Kenya Johnson. She joins me from Atlanta.

I`m a little perplexed, Kenya. I`m not going to lie. Because Brooke Crews did a plea deal, right? And usually when you do a plea deal, you are going

to get something for that, because you are saving everybody. The cost of a prosecution, the cost of a trial, the pain and suffering for the family.

And yet Brooke Crews got the book thrown at her. You don`t get the death penalty in North Dakota, so you get the next thing down from that, and that

is life without the possibility of parole. Why in God`s name would she have done this? Why would she have said, I will plead to that?

KENYA JOHNSON, DEFENSE ATTORNEY: Sometimes the prosecution may present so much forensic evidence, and this case was heavy with forensic evidence,

that it is in the best interests for all to go ahead and plea.

Now, there could be a lot of behind-the-scenes deals. Perhaps her accomplice could have provided some information that made it such a slam

dunk case that it was in her best interests to plea. Perhaps some other information could have came out. As it relates to her accomplice, though,

he was not there at the actual cesarean section that she performed. However, if he did anything to assist in the cleanup or the concealment of

the event, then that forms the basis for his charges.

As his defense attorney, I would be looking to see what information he could provide that made the first plea of the actual defendant more

stronger. And perhaps he may have gotten some sort of reduced sentence. I do expect that a plea would be forthcoming from him, because so much has

already been revealed in this case.

[19:15:11] BANFIELD: Well, if I were her, I would have said, I`m going to hold out for something, if you want my word, at his trial, you`ve got to

get me something for that, too.

But, listen, I can`t say what is in the minds of these two. Real quickly, I have got 30 seconds left, Deborah Norville. How is Ashton Matheny? How is

that little tiny family, the two of them together, managing?

NORVILLE: They are doing as best as one can. And one of the things that`s really important to Ashton, he told us when our crew was there with him in

North Dakota, is that he wants his daughter to know who her mommy is. And there`s this beautiful portrait that he has and there is a shot that we

have where the portrait is here and the baby is here and she`s reaching out and she`s touching the mom. And he is hoping that the first words that come

out of her mouth will be mama.

BANFIELD: Oh, God, look at that picture. I heard that in the report that you aired, that he hopes that her first words are mama.

Deborah Norville, thank you so much. Michelle DuPre, thank you, as well. And my thanks to Kenya Johnson.

Domestic violence. These are two words at epidemic proportions. And they really often go unreported, don`t they? But the mayor of Cape Coral,

Florida, she not only reported it, she recorded it. And here are the photos to prove it. And the evidence ended up being a life changer for Marni

Sawicki and she joins me exclusively, next.

(COMMERCIAL BREAK)

[19:21:04] BANFIELD: When the first blow hits, the typical reaction is shock. When the second blow hits, survival kicks in. But nowhere in the

manual of being beaten to a pulp does an instinct kick in to roll tape. That is, unless you are mayor Marni Sawicki of Cape Coral, Florida. Because

when her ex-husband was trashing her and thrashing her around a Miami hotel room, with her teenage son on the other side of the door, she somehow had

the wherewithal to hit record on her phone.

(BEGIN VIDEOTAPE)

KENNETH RETZER, SUSPECT: (Bleep) you. I don`t need you. You (bleep) ruined my (bleep) life. You ruined my (bleep) life.

MARNI SAWICKI, VICTIM: Stop hit me.

RETZER: (Bleep) you. You ruined my (bleep) life. Because you are so wrapped up in your own shit.

SAWICKI: Don`t hit me.

RETZER: (Bleep) hit me again.

SAWICKI: Don`t hit me.

RETZER: Do it again! Do it again!

SAWICKI: You`ve already hit me enough.

RETZER: I didn`t (bleep) hit you. Look at my (bleep) face!

SAWICKI: You have hit me enough.

RETZER: Look at my face. Look at my face. Who hit who?

SAWICKI: Leave me alone!

RETZER: Take your shit, you (bleep) whore. Here`s your Michael Kors shoes from your --

SAWICKI: Leave me alone.

RETZER: Your (bleep) pimp. Here`s more pimp shoes. Whore! Pimp!

SAWICKI: Leave me alone. Leave me alone.

RETZER: Pimp! Whore! Pimp!

SAWICKI: My kid is right next -- my kid --

RETZER: Well, then maybe you shouldn`t have done this to me. You called my kid a (bleep) asshole one time. You don`t ever call my kid a (bleep)

asshole! You understand me! Your girl is into (bleep) cocaine and every other (bleep) thing!

SAWICKI: Ow!

(END VIDEOTAPE)

BANFIELD: Marni Sawicki was in Miami for the U.S. conference of mayors, because she was a mayor. And she brought the family along. And that

recording was a big part of her husband`s conviction on domestic battery by strangulation. So were the pictures in which both Marni and her husband,

Kenneth Retzer, show injuries. Court records show that Marni fought back during the attack, causing her husband to look like this at this at his

sentencing, though. That was a different picture. Both Marni and her son addressed the courtroom.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: When I heard that, he was just a monster. What he did was just unforgivable.

SAWICKI: My children and I will never be able to forget that night, Kenny, where you once again called me horrific names, lunged at me, and strangled

me and beat me with your fists.

(END VIDEO CLIP)

BANFIELD: In the end, Kenneth Retzer did not go to jail. He was instead sentenced to one year house arrest and three years probation. He is going

to have to wear a GPS monitor for that one year and cannot come within 500 feet of Marni or her children. When the case wrapped up, Marni said she

wanted to dedicate much of her time to advocating for domestic violence victims. And that`s where she`s now live with me here tonight for this

exclusive interview. Marni, wow.

SAWICKI: Yes.

BANFIELD: Wow. My first question -- and I`m going to get to all the meat of this case and the mission, how did you get your phone and hit record during

that beating?

SAWICKI: You know, I think it`s one of those things that went, as a victim, fight or flight. You`re not really -- you know, I had started to record six

months prior, our arguments. And it was really just for my own -- trying to get out of the relationship. And so I think that`s part of it. I just ended

up, I had been doing it for a while, and I just hit record.

[19:25:05] BANFIELD: Where you started your tape wasn`t even the beginning of the beating.

SAWICKI: No.

BANFIELD: Help me understand. This was, I think, a 45-minute-long beating?

SAWICKI: Yes.

BANFIELD: And how long into it did you finally get the phone and hit record?

SAWICKI: Forty-five minutes, I don`t remember if I had it. I don`t remember if it was in my hand the whole time and then after -- if you listen to the

entire video, I don`t even remember recording it. And saying, I`m asking my son, where`s my phone. And I tell the police, you know, get my son, he

recorded it.

BANFIELD: That son was in the adjoining hotel room.

SAWICKI: Yes.

BANFIELD: Eighteen years old.

SAWICKI: Yes.

BANFIELD: His door is unlocked, but as we all know, adjoining hotel rooms have two doors and yours is locked. He can`t get to you. He can`t do

anything to save you. He can hear everything.

SAWICKI: Yes.

BANFIELD: What was he doing? What was he saying? What was he thinking?

SAWICKI: You know, it`s evident in the texts between him and his sister that he was scared, you know. He is writing, Madison, please come home.

Please get back to the hotel. Ken is hitting mom, you know? I don`t know. I`m not equipped to handle this. You know, I can`t imagine what was going

through his head. And he is a quiet boy, so -- not until he banged on the door did Ken leave.

BANFIELD: So at one point, I`m going to play a little bit more of this tape that you recorded, because there was a lot of it. I mean, a lot. At one

point, he is demanding the ring that he gave you, your engagement ring?

SAWICKI: Yes.

BANFIELD: And the language that he is using, I mean, we have seen some of it in the original tape, but he knows that your son is there at the door.

Your son is banging on the door.

SAWICKI: Yes.

BANFIELD: He knows your son is there and this is what`s going on. Have a look.

(BEGIN VIDEOTAPE)

RETZER: Give me your (bleep) ring.

SAWICKI: Get out of my room before I hit you in the face.

RETZER: Do it. I (bleep) dare you.

SAWICKI: You have hit me enough.

RETZER: I have hit you nothing. I dare you. (Bleep) do me everything you (bleep) got bitch. Give me everything you got.

SAWICKI: Get out of my room.

RETZER: Give me everything you got.

SAWICKI: Get out of my room.

RETZER: You know why? Because that`s the kind of (bleep) shit you did with (bleep), (bleep), you (bleep) whore. You (bleep) whore.

(END VIDEOTAPE)

BANFIELD: I hope you and the kids are in intensive counseling after this.

There is another aspect to this story that is, I think, disturbing to many, frustrating to some, and that is the internet. And the victim shaming

that`s gone on since this. And there is a sort of a whole sordid history between you and Ken. And let`s be real clear, it doesn`t matter what you

said to each other, what you did to each other in your romantic life. Nobody gets beaten like that and gets away with it.

SAWICKI: I agree.

BANFIELD: Nobody deserves it. You didn`t have it coming. Let`s just put it right on the table. A woman doesn`t have it coming. And you can read

whatever you want on the internet, but it is interesting to see your relationship. And this is where I have to ask you a tough question. He was

your ex-husband in that hotel room. You had been through a volatile relationship with him, on again, off again, beatings that you say had

happened in the past. An order of protection that you had sought. And you had finalized and left him. Why did you accept him back into your life,

especially at that hotel with your children there?

SAWICKI: Yes. And that goes to the cycle of abuse. And it is, it`s one of those questions that I don`t, you know, therapy, as you mentioned, is where

I`m now learning crazy making and, you know, gaslighting and what those terms mean. But it`s a cycle. And they honeymoon and they, you know, tell

you what you want to hear.

BANFIELD: He beat you during your honeymoon?

SAWICKI: Yes. Yes. And he -- a lot of those injuries, he was hitting himself in the face and punching himself.

BANFIELD: But you had also bitten his finger terribly. I think there`s a terrible injury to his finger prior to much of that horrible beating that

you endured, as well. So the next big question is, he left the hotel room.

SAWICKI: Yes.

BANFIELD: And then returned several hours later to continue this assault.

SAWICKI: Yes.

BANFIELD: Why didn`t you call the police right then and there?

SAWICKI: I don`t remember any of that. And --

BANFIELD: Because he did. He came back and he called the police.

SAWICKI: He did.

BANFIELD: But you never called the police to say, I nearly lost my life. This man just strangled me and I`m black and blue.

SAWICKI: If you see and hear my kids talk, you will hear them, they will tell you that I looked out of sort and disoriented and in shock and I just

cried and sat on the bed and said "I`m sorry" to them over and over and over.

BANFIELD: But your two adult children didn`t call the police either, why not?

SAWICKI: My son, at that point, he banged on the door, Ken left, my daughter was returning to the hotel as quick as she could. And I said -- he

had said, you know, I will -- find your own way home and I didn`t, you know, think he`d come back. And my daughter`s like, he`s coming back and I

just -- and it`s embarrassing. I mean, I`m at a mayor`s conference, 250 of my fellow mayors.

ASHLEIGH BANFIELD, HLN HOST: And you`re one of them. Real quickly, he`s got a GPS monitoring for one year and then what?

SAWICKI: Three years` probation but --

BANFIELD: But what about for you? After one year of GPS monitoring, what about you?

SAWICKI: Yes, there`s -- they -- and in fact, the GPS, nobody`s asked me my address or where I work.

BANFIELD: So if he comes near your home or your kids` homes --

SAWICKI: I don`t know how that goes off because nobody gave--

BANFIELD: GPS doesn`t have that registered yet?

SAWICKI: Correct. No, it does not.

BANFIELD: It seems like the system is missing a few links.

SAWICKI: It`s broken. And it`s broken.

BANFIELD: Marni, thanks for sharing your story. And you know, I`m so sorry that you had to go through this. And I think the fact that you`re a mayor

has put it in the spotlight.

SAWICKI: Yes, and it can happen to anyone.

BANFIELD: And then, if you continue to put it in the spotlight, it shows that it does -- this kind of thing happens across all socioeconomic strata.

It happens everywhere. But I think --

(CROSSTALK)

BANFIELD: Going back, would you -- now, looking back, you cut those ties and you don`t go back.

SAWICKI: You`ve got to have the courage, though, to do that.

BANFIELD: I hear you.

SAWICKI: And you know, that`s the tough part and that`s the part we need to work on.

BANFIELD: Madame Mayor, thanks for being here. I appreciate it. Good luck with your mission on --

SAWICKI: Thank you.

BANFIELD: You know, to spread the word about domestic violence mission that --

SAWICKI: Thank you for having me.

BANFIELD: -- it`s laudable and it is a message that needs to be spread. So, thank you.

SAWICKI: Thank you very much.

BANFIELD: I appreciate it.

Coming up, a former Virginia Tech student, not looking at the academics here, looking at the mug shot here because he`s accused of luring a 13-

year-old girl out of her home. 13 and then killing her. His attorney says he didn`t do it, but the details from the courtroom, you`ll be the judge,

next.

(COMMERCIAL BREAK)

[19:36:41] BANFIELD: Ask anyone and they will tell you that "Dexter" is one of those shows on T.V. that you just have to binge. It is definitely not

for the faint of heart, though. A lot of cruel and grisly violence, sinister plot twists and turns, and as it turns out, "Dexter" is an

excellent source of information for killers looking to get rid of evidence. At least that`s what a courtroom in Virginia heard today as a former

Virginia Tech student went on trial for the murder of a 13-year-old girl that he`d met online.

Police say David Eisenhauer`s research included googling that gruesome T.V. show for how to get rid of bodies. And also consulting with a female pal

named Natalie Keepers who investigators say suggested that he just grab the child from behind, cover her mouth, and slit her throat. And all of those

details were unloaded into a courtroom where the mother of that baby-faced girl sat coldly across the room, staring at that defendant, a defendant

that she more than likely wanted to kill herself. I want to get you caught up on this murder case of Nicole Lovell.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: January 26th, prosecutors believe Virginia Tech students David Eisenhauer and Natalie Keepers plot to kill 13-year-old Nicole Lovell

over a fast food meal. The two also purchase a shovel at a Wal-Mart. January 27th, Nicole Lovell disappears after midnight. 12:39 A.M., she and

Eisenhauer have their last online interaction. Her mother finds her bedroom door barricaded and her window open. Lovell`s disappearance prompts an

intense three-day search. January 30th, search warrants are executed at Virginia Tech. Eisenhauer is questioned. The state says he denies

involvement in Nicole`s disappearance but says he saw her come out of her window, saying the two exchanged a side hug. Eisenhauer is arrested,

charged with felony abduction. Hours later, the seventh grader`s body is found.

ANTHONY WILSON, BLACKSBURG POLICE CHIEF: It`s with a heavy heart that I have to announce that we`ve located the remains of 13-year-old Nicole

Madison Lovell.

TAMMY WEEKS, NICOLE LOVELL`S MOTHER: Nicole touched many people throughout her short life.

UNIDENTIFIED MALE: Sometime after Lovell`s body is found, Natalie Keepers sends a text to Eisenhauer saying "police."

UNIDENTIFIED FEMALE: A very preliminary determination of the cause of death is stabbing.

UNIDENTIFIED MALE: Eisenhauer is charged with murder February 1st.

UNIDENTIFIED MALE: 19-year-old Natalie Marie Keepers has been charged by Blacksburg police with one felony count of improper disposal of a body and

one misdemeanor count of accessory after the fact.

UNIDENTIFIED MALE: February 3rd, Keepers` charges are upgraded to accessory before the fact. February 4th, Keepers is denied bail.

(END VIDEOTAPE)

BANFIELD: Joining me now, The Washington Post`s Crime and Courts Reporter, Ellie Silverman. She was in the courtroom today for the trial. I`m just

assuming, Ellie, that you could have heard a pin drop when this poor victim, Nicole, when her mom saw that man walk into the courtroom for the

first time. Take me to that moment.

[19:40:04] ELLIE SILVERMAN, THE WASHINGTON POST`S CRIME AND COURTS REPORTER (via telephone): So, the family was pretty cornered off with the victim

protective unit from the Commonwealth`s Attorney`s Office, but when she took the stand as the first witness to testify, she was remarkably

composed. That is until the very end of her testimony, when she was describing what it was like to realize that her daughter was missing.

(CROSSTALK)

BANFIELD: Well, we actually have that moment. You know what, Ellie? I have that moment and I`d like to play that for -- since you brought it up, I`d

like to play that for our viewers. Have a listen to this as we hear the whole moment where Tammy Weeks knows that now, Nicole is gone. Take a look.

(BEGIN VIDEO CLIP)

WEEKS: I went to go open the door and the nightstand was still up against the door and I pushed it and felt the cold air. Looked over at her bed and

she was not there.

(END VIDEO CLIP)

BANFIELD: So, Ellie, is there a smoking gun in this case? Is there a piece or a series of pieces of evidence that really, really point towards David

Eisenhauer?

SILVERMAN: Well, in the opening statements, the prosecution laid out what they believe that would be. They said that the Eisenhauer`s DNA was found

under Nicole`s fingernails and her blood was found in the trunk of Eisenhauer`s car.

BANFIELD: Wow.

SILVERMAN: So they said that this evidence would clearly point to Eisenhauer.

BANFIELD: So, I know that the background here is that he`s alleged to have been texting with this young girl for a couple of months. And that he met

this young girl, 13 years old, at a party. He alleges she told him she was 16. And then, there`s the fateful meeting where Nicole Lovell is climbing

out of her bedroom window. And down below that bedroom window is David Eisenhauer, who tells the FBI that this is the first time he`s meeting this

young girl and he`s thinking she`s far younger than he ever thought. Let me just find out if we have that FBI interrogation. We don`t have that yet.

But he effectively lied, didn`t he? He lied to the FBI when he said, I`ve never seen that girl before, and when I saw her climbing out of that

window, she looked too young for me.

SILVERMAN: Whether or not he (AUDIO GAP) truthful in that moment about if it was his first time or not seeing her, that has not been brought up in

court yet. Though the prosecution did allude that he may have met her at least once before. But what they did say that he was untruthful about is

that after he said that he saw her climb out of the window and thought "not for me," he said that he left and that he was the last person to see her in

that moment before she went missing.

BANFIELD: And yet, there`s all that forensic evidence, you know, on the victim. Real quickly, who is Natalie Keepers to this defendant? Who is

Natalie to David, the defendant? Because she`s about to face her own trial in all of this as well.

SILVERMAN: Yes. So, Keepers was also a student at Virginia Tech and the two were friends. So, the prosecution said that the two of them together helped

plan the murder. And (AUDIO GAP) was saying that Keepers was excited about the idea of carrying this out.

BANFIELD: Wow. Well, she`s got her own issues and whether she gets compelled to testify, the word is that she`s going to claim the fifth

because she`s got a trial of her own that she`s going to have to cope with and those charges are extraordinarily serious as well. I believe they

include conspiracy. You know, I`m going to check on that. In fact, during the break, I`m going to check on what her charges are. But we`re going to

keep on talking about this David Eisenhauer case. Still a lot of questions, like, exactly what is his defense? That`s next.

[19:45:00] (COMMERCIAL BREAK)

BANFIELD: 13-year-old Nicole Lovell was lured out of her bedroom window and was never seen again until she was in her coffin. That little seventh

grader, ultimate victim, ultimate murder victim. And the man on trial for her murder, a Virginia Tech student, David Eisenhauer, in Virginia.

Michael Christian, our Crime and Justice Producer joins me now on this case. What, exactly, Michael, is his defense in this case, given the

evidence that Ellie Silverman just told us about before the break?

MICHAEL CHRISTIAN, CRIME & JUSTICE PRODUCER (via telephone): Well, basically, what the defense is saying is that there`s reasonable doubt

here, because you have to remember Natalie Keepers was also involved. And they say there`s enough reasonable doubt, in this case, to convince jurors

that maybe Natalie Keepers is actually the murderess.

BANFIELD: Right. So, Natalie is going to go on trial later and Natalie is facing accessory before the fact to first-degree murder. Natalie is also

facing transporting or concealing a dead body. But I don`t see her charges being murder or conspiracy. But here is the defense attorney for David

Eisenhauer, pointing the blame and directing it straight towards Natalie. Have a listen.

(BEGIN VIDEO CLIP)

[19:50:07] JOHN LICHTENSTEIN, DAVID EISENHAUER`S DEFENSE ATTORNEY: She admitted everything with the sole exception of the one lie she could not

(INAUDIBLE), she could not give up, and that is that she was at the scene of this murder.

(END VIDEO CLIP)

BANFIELD: She was at the scene. Is that enough? Defense Attorney Kenya Johnson joins me now live from Atlanta. So, wait a second, let me get this

straight, Kenya. She did it, the lady who`s not in this courtroom right now, who we may never see in that courtroom, and if we do see in that

courtroom, she`s got her own troubles ahead and she will likely plead the fifth. How much does a jury want to see that or believe that?

KENYA JOHNSON, DEFENSE ATTORNEY: Well, this is what`s called the empty chair defense, blame it on the person that`s not there. And so, even in her

trial, because she is charged, she`ll be pointing the fingers at Eisenhauer saying that perhaps she was under some sort of duress to participate. So,

what the fact finder, the jury, has to figure out, is who did what and why? It seems like Eisenhauer may possibly have had the motive, but a defense

attorney will argue that the statements that he made to the police should have been excluded, perhaps there was some sort of mental illness that they

will claim. Or that he had some other motive for -- or didn`t have lack of motive to participate in this crime.

BANFIELD: So, one of the things that Natalie Keepers apparently told the investigators when they interrogated her, Kenya, this is going to be

damning, was that apparently, she suggested to her darling friend and some say maybe on-again, off-again boyfriend, David, after dumping a couple of

the plans that they had discussed including, let`s drug her and make it look like a suicide, or let`s knock her unconscious and leave her to die of

exposure. Apparently, Natalie said let`s go with, quote, "The official plan; grab her from behind, cover her mouth, and slit her throat." That is

not going to go well for this defendant, even if she doesn`t show up in this courtroom, correct?

JOHNSON: Well, it would be interesting -- a good defense attorney is going to argue that those statements are completely excluded and that it

shouldn`t be brought in that she should be required to say that on the stand, which may ultimately incriminate herself which her defense attorney

is going to advise against. So, we`re going to see a lot of finger pointing and it`s interesting to see what motive will be established as they

maintain this defense.

BANFIELD: Well, I think he might have been worried. The motive that we`re hearing is that he might have been worried that somebody found out he was

with a 13-year-old. Never good. There was some discussion that he thought she might be pregnant as well. Never good.

All right. If you stay put, Kenya, for a second, I just want to update something for our viewers. Last week, Gregory Salcido, known to his

students as Mr. Salcido, caught on camera trash talking the military, calling them all sorts of things, lots of four-letter words, too, in front

of his classroom full of students.

(BEGIN VIDEO CLIP)

GREGORY SALCIDO, EL RANCHO HIGH SCHOOL TEACHER: They`re not like high-level thinkers, they`re not academic people, they`re not intellectual people.

They`re the freaking lowest of our low. Not morally. I`m now saying they make bad moral decisions, just they`re not talented people.

(END VIDEO CLIP)

BANFIELD: Our military, not talented. Really, Mr. Salcido? His rant got him suspended, but it did not cost him his job. At least not yet. But last

night, at the El Rancho school board where they were meeting, man, did they get an earful from the community about his taped outburst.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I wish you could have told me to my face what he told to those kids. And then it would have been a different story.

(END VIDEO CLIP)

BANFIELD: I bet it would have. Look at that. Look how crowded that meeting was. Look at all those people in support of the vets. The parents and the

veterans outraged that Salcido has not yet been fired for these extraordinarily insulting comments. By the way, if you missed it, because

it was State of the Union night, I had a couple of choice words from Mr. Salcido, too. Little rant of my own. No time to do it now, but you can

check it out on our Facebook page, @ashleighbanfield. I think 5 million views now, so I highly recommend you take a peek. Love it if you`d share

it, too, because our military does not deserve that.

So, this is probably something that no 911 dispatcher has ever, ever heard when asking that famous question, 911, what`s your emergency? Because the

answer that one person got, my house has been stolen. One more thing, straight ahead.

[19:55:00] (COMMERCIAL BREAK)

BANFIELD: And just "ONE MORE THING" for you tonight. Now you see it and now you don`t. Yes, this was not a magic trick or a practical joke. This was

actually the scene -- the Texas homeowners found when they went to check on their vacation home that they had bought last year. The home was gone and

all that was left is what you see. Some broken plumbing and a couple of cement blocks the home had been sitting on. Turns out that the home had

been repossessed not because of these people, because of the previous owners. Apparently, they got behind on payments and there is no word yet on

when that home will be returned. But what a 911 call.

[20:00:01] We`ll see you right back here tomorrow night 6:00 Eastern. "FORENSIC FILES" begins right now.

END