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Crime and Justice With Ashleigh Banfield
Patient Shot Dead After Opening Fire in Hospital; Married Teacher Had Sex With Boy At School; Lotto Winner Molest Girl, Avoids Prison. Aired 6-8p ET
Aired March 27, 2018 - 18:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[18:00:00] UNIDENTIFIED FEMALE: Well, Mike, thanks. I appreciate it. Thanks for clearing that up. "Crime and Justice with Ashleigh Banfield,"
is up next.
ASHLEIGH BANFIELD, HOST, HLN CRIME AND JUSTICE: Good evening everyone, I`m Ashleigh Banfield, this is "Crime and Justice." Picture a chaotic hospital
scene. Hurricane Irma patients scattered throughout the E.R. and now one of them pulled a gun, and starts firing off rounds in his room and then he
takes HANKS: gun into the hallway. SWAT Team arrives and stalks those corridors looking for him. And even though the suspect is 76 years old, he
has that gun somewhere. And the body cams where rolling when the SWAT Team found him.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Security guard just said he`s upstairs.
UNIDENTIFIED MALE: We find this dude, we put him out. You`re the only one that`s gonna go hands-on with him, because he`s got a rifle and I`ve got a
shield. Anyone is going to go hands on with him. He is got a rifle and I got a shield.
UNIDENTIFIED MALE: It`s the real deal, dude. Buckle up.
UNIDENTIFIED MALE: Sir, show me your hands. Show me your hands, do it now!
UNIDENTIFIED MALE: He`s got a gun. Got a gun. Drop it.
(GUNFIRES)
UNIDENTIFIED MALE: Shots fired. Shots fired.
UNIDENTIFIED MALE: Get back over here. Sir, put that gun down. Drop the gun.
UNIDENTIFIED MALE: All right, the gun`s right here.
UNIDENTIFIED MALE: Do not move.
UNIDENTIFIED MALE: He was pointing it to shoot right at me. I know, that`s why I shot him.
UNIDENTIFIED MALE: You good?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED MALE: I don`t know where you get a gun in a hospital. He pointed it right at us.
(END VIDEO CLIP)
BANFIELD: An investigation later found that the patient had seemed agitated on the day of the shooting. A nurse gave him anxiety medication
before he pulled out that gun. It came out of his luggage. She had also given him a tablet before for Parkinson`s. That`s when he have been
confused as to where he was. He was shot 8 to 11 times by the officers, but the D.A.`s investigation determined that shooting to be justified,
because he pointed that gun at the SWAT Team. No charges were filed against the officers.
I want to take you to another battle zone now and one that it is at times just as tense, perhaps. Parents struggling to keep their teenager`s social
media rained in, while at the same time, trying not to pry. And whatever you had found on your kid`s phone, just be thankful, it wasn`t what John
and Jane Doe found, the Arizona couple, mind some dirty text from a phone belonging to their 13 year-old son, but those texts appear to be coming
from his 6th grade teacher. Texts saying, I want you every day. No time limit and I`ll give you whatever you want and those are the G rated ones.
That teacher was 27 year-old, Britney Zamora, newly engaged a few years ago on her birthday.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: I love you. I`ll do anything for you. I want to be with you for the rest of my life. I promise to make you happy each and
every day. Will you marry me?
BRITNEY ZAMORA, 6TH GRADE TEACHER: Yes.
(CHEERS)
(END VIDEO CLIP)
BANFIELD: But, Mrs. Zamora seen here in an entirely different picture probably won`t be skydiving again any time soon, because the texting was
only part of her alleged relationship with that 6th grader. Police say she was sending him naked pictures too and she is accused of having sex with
him in her car and in her classroom.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Ms. Zamora, did you have an inappropriate relationship with a 13-year-old boy, one of your students?
(END VIDEO CLIP)
BANFIELD: Mrs. Zamora, will likely never get back to that classroom, because she is being held on $250,000 bond. She might be lucky just to get
out of jail at all.
(BEGIN VIDEO CLIP)
ZAMORA: Hi.
UNIDENTIFIED FEMALE: Your name and date of birth, please.
ZAMORA: Britney Zamora. What happens next? You said the first court date was March 29th.
(END VIDEO CLIP)
BANFIELD: I want to bring in now "People Magazine" senior writer, Steve Helling. Steve, we hear about these stories a lot. Teachers having
relationships with students. Sometimes they stand out and this is one of them. Can you take me back to those parents? I`ll call them John and Jane
Doe. We`re not identifying the student. He is 13, we are not identifying his parents, but they -- they were doing something proactive and they found
this text, what was it?
STEVE HELLING, SENIOR WRITER, PEOPLE MAGAZINE: They actually had a program or an app on the phone, that alerted them to inappropriate key words in his
text and something pinged and they saw that there was something inappropriate and then they find that this is coming from a teacher, you
know they confiscate the kid`s phone, like any parent would and they read through it and then they see the text.
[18:05:18] BANFIELD: And it`s an a-ha moment that they never wanted. So, Steve, what`s amazing is the sting operation that they set up. And I mean,
it`s kind of weird to think, I`m going to work with my 13-year-old here and we`re going to talk to Mrs. Zamora just as though the parents are not over
your shoulder. So, plug the ears of anybody who is a little sensitive to this kind of saucy material, but this is the -- this is the series of text
messages that mom and dad had the little boy write. Now, keeping in mind, they said to the boy, write to her as it`s you. They didn`t tell her what
to write.
They just said write to her the way you normally would and this is what the boy wrote. Good Lord. It`s unbelievable. I want to f so bad, baby.
Those times weren`t enough for me. And the response came in. I know baby. I want you every day with no time limit. If I could quit my job and f you
all day, I would. And the boy writes, I need more blank from you. The response comes in. I`ll give you whatever you want, baby. So, it wasn`t
just the texting. Do we know the nature of the photograph Steve that she allegedly sent this 13-year-old?
HELLING: Well, we know that she`s been charged. So, because we know that, we can pretty easily extrapolate what these types of pictures were. You
know, we know that they were inappropriate photos that contained nudity of some sort. So, we know that.
BANFIELD: Nudity of her? Like nudity of her?
HELLING: Her, yes.
BANFIELD: There`s also -- there`s also -- you know, documentation in the police material that there`s another student who may have witnessed some of
the sexual activity between this kid and this teacher and may have witnessed or seen some of those explicit photographs as well. Is that even
part pf the case yet?
HELLING: It`s not part of the case yet. But it`s not surprising when you get down to it. You know, there are teachers like her, you know -- people
described her as iridescent and an amazing teacher, so, she always had kids around her, so, I`m not surprise that people would actually, you know other
children would have witness some of this.
BANFIELD: Yes, I mean, it`s -- astounding to read the two accounts of Mrs. Zamora`s, Steve, one that you just alluded to. She was the teacher that
everybody wanted for their kids. She was the one, if you got in to her class, you were golden, this was great, and she was beloved and well
respected. In the meantime, the boy told his parents that he received oral sex from her. And that, that happened in class, during an interview with
the police, he said that he had three occasions of sex, two occasions where he performed oral sex on her and three where she performed oral sex on him.
And I`m just reading now, but some of those explicit photographs where of her naked genital, how about that? This is supposed to be the teacher of
the year.
HELLING: Yes. This the teacher that you said, you know, as a parent, you`re always looking for the best teacher for your kid. And this is what
you get. And -- this is what this family got. And nobody saw this coming.
BANFIELD: It`s hard to believe, that, you know, she had this incredible marriage with her husband, they have been together a long, long time. She
misses him, she told the court as much as she wanted to go home to her husband. But before I get to that, because there`s some delicious tape of
her making a plea to the judge and asking as though she`s -- she almost found like he`s 13 years old herself. The parents did something more.
They called her. They called her, and did they record the conversation when they did this?
HELLING: Well, actually from what I understand, the teacher called the parents. Well, actually -- no, you`re right, once they realized what was
going on, yes, there`s this conversation where she was saying, please don`t, you know, don`t turn me in and the husband, got on the phone and
said, please don`t turned her into the police. I`ll come over and we can handle this. And the parents of course said no, we`re going to report
this.
BANFIELD: Wow, wow, I mean, think about that. Stand by your woman. The husband asking the other parents like back off and let`s work this out.
Man -- oh my god.
So, here`s some of the things that apparently, she said on this phone call. She did not explicitly say that she had sex with the boy, but she did
apologize. She did say that she wasn`t pregnant, so, read into that. She said that she was quote very clean allegedly. She allegedly also said that
they didn`t have to worry about STD`s. How about that?
HELLING: I`m sure that put them --
BANFIELD: Go ahead.
HELLING: I`m sure that put them at ease. You know, -- it boggles the mind this is the type of conversation she was having. It really does.
BANFIELD: Well, maybe it leads to the idea she is got a quarter million dollars bond right now. Especially if there is this other -- this other
child. OK, so, I want to now play for everybody who`s watching this moment in court where the bond was being set.
[18:10:11] Again, if you listen to how she sort of muddles her way through the conversation with the Judge, it`s almost as though she doesn`t really
understand the process that she is in. At least, it appears that way. Have a look.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Now, Mrs. Zamora, if you would like, is there anything you would like the court to know with respect to release
conditions.
ZAMORA: I`m not sure if I understand them. Sorry.
UNIDENTIFIED FEMALE: That is OK. So, the court just asks for the state`s opinion as to releasing you and he requested a very high bond to keep you
in custody.
ZAMORA: OK.
UNIDENTIFIED FEMALE: Is there anything you just want the court to know about whether or not I should release you or impose a bond at this time and
if you have nothing to say that is OK, as well.
ZAMORA: I would love to go home to be released. It would be amazing. I don`t know if there`s like just stay at my house or I would love to go home
to my husband.
(END VIDEO CLIP)
BANFIELD: I`d love to go home to my husband. $250,000 bond will get you that. The rest of it, you are going to just muddle through, like the rest
of the grown-ups. I want to bring in, Technology expert, Marc Saltzman. So, Marc, I`m a parent of kids that are excessively on their phones. And I
think, I speak for everybody who is watching right now, who goes mad over fortnight and the addiction to this phones, but also the amount of
conversation that`s going on these phones. Help me, to sort of, give some tools to parents who maybe at ease with checking texts, but can`t find
those combustible communications like Snapchat communications that disappear or Cyber Dust communications that disappear, or Kick, or any of
the like. What do we do? Where are we supposed to go?
MARC SALTZMAN, TECHNOLOGY EXPERT: Yes. So, here`s the irony, it`s our job as parents to protect our kids, right. Yet, they understand this digital
world better than mom and dad do, so many of us feel helpless. But there are as you called them as tools like the parents use to help track what`s
going on, on their mobile device whether it`s an iPhone or an Android device. Those are the two main camps. There are apps that usually require
a monthly subscription. Usually 20 to $30s like M-spy or Spy-Z, for example. That will do a number of things.
So, they will track text messages and send those secretly back to the parent`s dashboard. They may be on a computer or on their mobile device.
It could track phone calls or at least the log of it rather than -- who was called on at -- what number and in what time, for how long. It will show
location, GPS information. It will show browser history and even help prevent some inappropriate content from being accessed.
To your point, social media is becoming a more popular tool to converse with people. That is where it gets more tricky. Now, some of those tools
like I mentioned, they will handle things like Instagram, Snapchat, Kick and What`s App, others don`t handle it as well. So, you need to do your
research before you buy. Especially as it is a monthly -- an ongoing subscription, do that free demo. Every app should give you a free limited
demo, so you can get a taste of it. You have to secretly install it on your child`s phone. If not, being open about it, which I would even
recommend, instead of doing --
BANFIELD: Stop the behavior, right.
SALTZMAN: Yes.
BANFIELD: Yes.
SALTZMAN: You need to get it on that device, try it --
BANFIELD: Can I ask just ask you, a really -- just a quick answer on this one, honestly. I`m so busy with work and commuting and parenting and
everything else. And now this, it`s like this almost looks like a big huge project that I have to immerse myself in. Is it difficult or is it this
something someone who is dumb like me, can do pretty quick?
SALTZMAN: Yes. Whether your text shy or text savvy, these tools are pretty easy once you install them. The trick is getting it on their
device. After that it`s pretty quick.
BANFIELD: No it`s not, I pulled that device out of those, you know, cold dead hands all the time, and I say, I paid for that thing, give it here.
And if you change that password, you ain`t getting it back. Stand by for a second, Marc, if you will.
Troy Slaten, and I want to bring you in as a defense attorney here. This teacher, you know to the average guy, this looks like she is -- she`s gone
so, right? But texting doesn`t tell you who is on the keys, right? And a 13-year-old as a, you know, a testimonial can be challenged. Do you see
this as a lock or do you see this as a case that a defense attorney can easily mind material to get her off.
TROY SLATEN, DEFENSE ATTORNEY: Well, I don`t think that this case is easy for either the prosecutors or the defense. It will be really difficult for
her to say that somebody else took control of her phone and was engaged in this type of sexting with the underage boy. And it`s true, that 13-year-
olds aren`t don`t make great witnesses, but that doesn`t mean that they can`t be witnesses or that their stories can`t be verified and tested under
cross-examination.
BANFIELD: So, in the sense that the child has told both parents and police and then parents have been on the phone and I believe there`s an alleged
recording as well, sounds like it`s a pretty strong case against her. What would happen to her? How long will she go away for this? Any idea?
[18:15:10] SLATEN: Well, it depends, I mean this is a felony. It`s molestation, its child abuse. It`s potentially felony sexual misconduct.
So, she could have to register as a sex offender for life, her career as a teacher --
BANFIELD: Could be years, right? She could go away for years on this?
SLATEN: She could. She could go to prison in the State of Arizona for many years.
BANFIELD: Cautionary tale everybody and I don`t know why I have to keep recording this, all the time, it`s almost like daily. I don`t get it,
Troy. I get these stories in all the time. Teachers with (inaudible), not just, you know the 18 year-old students, this 13 and 12 year-old, it`s a
(inaudible) world and I don`t know why. My thanks, Troy. Stand by. I`m going to get you on in a moment with something else. And also my thanks to
Steve Helling, who I adore, People Magazine. And Marc Saltzman, I`m calling you after the show for a one-on-one tutorial. I need it more than
anybody.
Outrage, absolutely outrage tonight. After convicted child molester avoids prison and then for good measure, he wins the lottery. This is not a joke.
He really did. How can a predator who admits to abusing his own little granddaughter strike such a sweetheart deal and get such a sweetheart deal.
Also, you can listen to our show any time. Download our podcast on Apple Podcast, IHeartRadio, Stitcher, TuneIn, or where ever you get your podcast
for you "Crime and Justice" fix.
[18:20:00] (COMMERCIAL BREAK)
BANFIELD: Jail is no place for judgment, but people who molest children are the most detested people in our prison system. To the point that their
cellmate often give them a little extra punishment during their time behind bars. But there`s one child molester in Iowa, who won`t be spending any
time behind bars, nothing, not a day. Dean Hilpipre, admitted to everything he did. Admitted to molesting his own little granddaughter for
over four years from the age of 2 until the age of 6. For that he could have been given 50 years in prison, because he was charged with two counts
of second-degree sex abuse, but instead, Dean Hilpipre, got a sweetheart deal, just five years` probation for lascivious acts with a child.
(BEGIN VIDEO CLIP)
KASEY HILPIPRE, MOTHER OF VICTIM: What`s five years` probation? After five years, the no contact order is done and what`s he going to do again.
Is he going to pick her up again and take her into the woods again and she may not come out. What justice is that? What safety is that for the
remainder of her life?
(END VIDEO CLIP)
BANFIELD: Five years` probation isn`t a picnic, but it sure isn`t winning the lottery, right? Except that Hilpipre literally won the lottery while
he was awaiting his sentence. The guy won $100,000 and there`s the picture to prove it and the smile. And the family of the granddaughter that he
violated is saying he is going to need that hundred grand, because they are going to sue him. They`re going to sue Hilpipre for sex assault, for false
imprisonment and emotional distress and they`re going to ask him for a million dollars and that is at least.
(BEGIN VIDEO CLIP)
DEBORAH YANNA, GRANDMOTHER OF VICTIM: One day, you know, my granddaughter is going to know, my grandma was there for me and my mom. The people that
truly love her are there to defend her.
Very disappointed and the Assistant County Attorneys, the county attorney himself, Don, the Judge, James McGlinn.
We are to defend her even though -- that the law here did not defend her. They defend the molesters, the pedophiles.
(END VIDEO CLIP)
BANFIELD: With me now, Stephen Gruber-Miller, courts reporter for the Des Moines Register, I have to be honest with you, Stephen. I know there are
two sides to every story, but on this one, it sounds like that grandmother has it pegged. It does not sound like justice for this little 6-year-old
victim.
STEPHEN GRUBER-MILLER, COURTS REPORTER, DES MOINES REIGISTER: Right. I think part of the problem in bringing the case to trial, and I know the
prosecutor said at sentencing, they had some concerns about, you know, being able to present the evidence that they needed to. One of those being
that the girl might had to actually testify had the case gone to trial. Obviously, that is a difficult thing for a 6 or 7-year-old to do. And, you
know, any time a case ends in plea agreement rather than a trial, there`s a lot of factors that go into it, but, yes, that was one of them, is that
evidence.
BANFIELD: That is one of them. There was a video tape apparently of this -- of this victim. I don`t know what was on the videotape, but apparently
it was deemed to be insufficient for a court prosecution. Do you know anything more about it?
[18:25:05] GRUBER-MILLER: If I`m understand -- I`m not sure, but if I understand what you`re talking about it might be referring to an interview
that she did with the Department of Human Services?
BANFIELD: Yes.
GRUBER-MILLER: And I think that they had hope to play that as a stand- alone, as like a substitute for her testifying in trial, but that wasn`t going to be possible, but if you`re referring to something else, I`m not
sure.
BANFIELD: you know, the constitution says you have the right to, you know, face your defender in court. And the videotape you can`t really cross
examine that. So, but then there was also this notion of a forensic psychologist, who performs some kind of psycho-sexual evaluation on this
man? Again, a man who had repeatedly for four years, over and over again, violated his own baby granddaughter from age 2 through till age 6. And
this psycho sexual evaluation suggested, he was at low risk for re- offending. How did that happen? Because that sounds to me like he re- offended a lot.
GRUBER-MILLER: Right. I haven`t seen the evaluation itself. So, I`m not sure I can speak to that. I know that it said, what you just describe that
he was a low risk to re-offending. And I don`t know that is one of things the -- judge took into consideration and then passing that sentence.
BANFIELD: And then of course, there was that issue of $100,000 lottery win, which is one of those things where you just wonder where karma is in
the universe. Stand by, if you will for a minute, Stephen, if I can, while we just drink in the image on the screen. I want to bring in the victim`s
mother. Kasey Hilpipre, she is on the phone with me from Des Moines and also the victim`s grandmother, Deborah Yannah is with us as well.
Kasey, first to you. You know, -- I`ve heard the reaction that you and your mom have had, but I still can`t believe this story is true. And yet,
it`s all too true for you and your family. First and foremost how is your daughter?
K. HILPIPRE: Well, to be perfectly honest, she is emotionally destroyed and -- very physically -- it`s really difficult for her, because she feels,
you know, as if nobody loves her, because of the situation that occurred which is not the case. She knows that her family does love her and support
her. But because of the emotional distress that this monster caused to her, she is struggling with her own pretty much identity and her own well-
being inside.
BANFIELD: This monster. I mean, we`re looking at him on the screen. Effectively your, you know, your father-in-law. Effectively her
grandfather. You have another daughter as well. A big sister to this child he violated. And she spoke at the hearing. Can you paraphrase and
tell our viewers what big sister said about all of this and the effect it`s had on your family.
K. HILPIPRE: Absolutely. My daughter gave a combined statement, my 14 year-old gave a combine statement with my 7-year-old, the one who was
molested. And it has really effected all of my children, to be honest. My daughter went through a very difficult phase herself. Emotionally, my 14-
year-old who was forced to kind of carry around all of the mental anguish that this caused before she even told anybody and she wrote in that
statement how she was disgusted with her grandfather, who even she stated was no longer her grandfather to her in any way shape or form.
And she wished that he would suffer, you know, the most pretty much of the court system to provide justice that needed to be provided. And she felt
as if the world had pretty much, in a sense, turned their back on my two daughters. It has been very difficult to the point where it is affected my
sons as well. My poor oldest daughter had to explain to them, why they could not see their grandfather anymore and it was very difficult for them
as children to be able to convey, how frustrated they were when it was difficult to explain to them exactly what was going on.
BANFIELD: Was your younger child, the child that we`ve been referencing who was molested from age 2 to age 6, was she the only victim of this man?
K. HILPIPRE: As far as we know, yes. But in my personal opinion, in my feelings wise, I don`t believe that is the case. I believe that, you know,
if he can keep it hidden for as long as he did and as well as he did, then who`s to say there`s not somebody else out there that could have been
harmed. We were given another child`s name in regard to it, but I can`t give that information --
BANFIELD: And of course. As far as -- as far as your children, will they spare Dean Hilpipre?
HILPIPRE (via telephone): My boys, no, but my oldest daughter is very afraid of him as well.
BANFIELD: And as far as the molestation, your youngest suffered at his hands, but your other children did not, correct?
HILPIPRE (via telephone): Correct.
BANFIELD: So let me ask you about the lawsuit. Clearly you`re not getting the justice you want with the system. I mean five years probation for this.
I rarely hear this kind of a story. But you do have some request in the civil courts. To that end, at lest a million dollars is the lawsuit. Tell
me a little bit about that. Was there anything that lottery winning spurred in you to go this other direction?
HILPIPRE (via telephone): Well, we kind of waited a little bit to hear on what the justice system would be providing in regards to the case. Once it
actually finally, you know, they gave the probation and all that, I knew at that point that the civil -- I`m sorry, that the criminal system had failed
my child and that I would do everything within my power to try and provide the justice that she deserves.
And if doing a civil suit is the way for me to do that then that`s what I would do. I did go ahead and file civilly and this is not -- has nothing to
do with me. It`s in regard to my child receiving the justice that she deserves. And I am praying and hoping the civil system will provide that
for her when the criminal system did not.
BANFIELD: So Deborah Yanna, as this child`s grandmother and as Kasey`s mom, just to keep everyone straight, does this -- I can only assume that
the court proceedings themselves felt like the ultimate slap in the face, gut punch. But then there was this lottery winning. Walk me through the
family`s emotions as you tried to navigate everything that was happening in such a short period of time.
DEBORAH YANNA, GRANDMOTHER OF VICTIM: Well, it has been quite a horrific journey, one that I would not choose for anyone to have to go through.
Unfortunately, this is a huge, huge issue. It`s every day on the news. You hear of it and it`s frustrating. It`s frustrating to sit in the courtroom.
I have read the documents from DHS. I read them thoroughly over and over. And I wanted to -- my heart literally wanted to vomit at what this man did
to my granddaughter from the ages of two until six years old.
BANFIELD: You know, keeping in mind that, you know, this is a television show where there may be younger people watching, but can you explain to me
what he did and where he did these things?
YANNA: As cautious as I am with that, he had taken her -- I have to be careful with that. He had taken her into the woods where she described he
forced her -- he took her. Until -- and forced her hand until white goo came out and fell to the ground.
BANFIELD: And she was able to testify to this, right?
YANNA: Yes. Yes.
BANFIELD: Please continue.
YANNA: And she also stated in there several things where he took her into the bedroom while grandma sat in her recliner just a few feet away where he
performed oral sex on her. There is so much more to that.
It breaks my heart as a grandmother, who when she was born, it was the -- she is the most precious. I mean that`s the most precious gift that you can
receive as a grandparent, is to hold that beautiful little baby, to protect her, to be there for her.
That`s what I`m doing for her today because the justice system has not been there for her. They haven`t been there for her through this whole
situation. Her bravery, I admire. It took her a lot to come forward. And now when I look back, I see things that were going on in her life.
Not eating well, trying to get food down her, crying at the drop of a hat, emotionally broken, afraid, terrified, not sleeping well at night, bad
dreams, having trust issues.
[18:35:04] It all falls into place now. I understand.
BANFIELD: Yes. And it`s important for our viewers to remember we are not talking about a woman. We`re talking about a 2-year-old, 3-year-old, 4-
year-old, 5-year-old and 6-year-old girl. The fact she could even muster those memories at that young age.
If you would stand by, Deborah. I want to fit in a break and after the break, I want to get a deeper dive on this because the number one question
most people have when they hear details like that and they see the effect on victims and victims families. What does the perpetrator have to say for
himself? His lawyer is going to join me right after the break.
[18:40:00] (COMMERCIAL BREAK)
BANFIELD: Dean Hilpipre molested his 6-year-old granddaughter from the time she was age two. There`s the shot of him. He admitted it. He got a
sweet, sweet plea deal for lascivious acts with a child, five years probation. At first he could have faced 50.
I want to bring in Dean Hilpipre`s attorney, George Appleby. Mr. Appleby, for the life of me, I don`t understand how these deals work. I get the
police system. I`m not that much of an idiot, but I don`t get the police system that goes from 50 years, an admission of raping and molesting your
granddaughter, and walking. No prison. Five years probation. Help me through this.
GEORGE APPLEBY, ATTORNEY FOR DEAN HILPIPRE (via telephone): A deal was made for Mr. Hilpipre to plead guilty to one count of lascivious acts with
a child. I can tell you the assistant attorney general is an extremely experienced, tough and hard nosed prosecutor and she entered into this deal
very advisedly and there was a good reason to do so.
BANFIELD: What does Dean Hilpipre`s son say about all of this? Because his own son is his victim`s dad. Do they speak?
APPLEBY (via telephone): Well, I can`t tell you that. I don`t know. There is a no contact order and has been for several months between Mr. Hilpipre
and his son. So they`re not speaking now.
BANFIELD: So it is ordered that he is not to talk to his son, the father of his victim. And I am assuming that no contact order will go beyond five
years for that child as well, correct?
APPLEBY (via telephone): Well, I don`t know that it will. The no contact order, I think, has a limit of five years. His son is certainly a grown up
man in his 40s. He can make the decision after that whether to speak to his father or not.
BANFIELD: In the sentencing, correct me if I`m wrong if it wasn`t the sentencing, I do know that in one of the court proceedings, the judge noted
that he had to consider what sentence would offer Dean the best chance at rehabilitation.
But I didn`t see anything about the rehabilitation of a 6-year-old child whose been repeatedly raped for almost her entire life and that surprises
me. Doesn`t that surprise you?
APPLEBY (via telephone): Let me correct a little bit. The record is not at all clear on the extent or what exactly happened. There is no element --
there is no element in the record that Mr. Hilpipre raped his granddaughter.
That language is excessive and exaggerated and as I say it did not happen. So we have to deal with just what the facts are. Mr. Hilpipre pled guilty
to one count of lascivious acts with a child.
BANFIELD: Did he have to fess up to what those acts were? Because we have just spoken with Deborah Yanna and Kasey Hilpipre, the child`s mom and the
child`s grandmother who are traumatized by this, and said that baby is traumatized and described in detail, detail what she was forced to do with
her hands and what she was forced to do with her mouth and what he did to her genitals. So did Mr. Hilpipre fess up to that in this deal?
APPLEBY (via telephone): Mr. Hilpipre pled guilty to one count of lascivious acts with a child.
BANFIELD: I understand. I understand. Let me ask you about the civil potential here. I know that you are his criminal defense attorney. Will you
be his civil defense attorney in this lawsuit as well?
APPLEBY (via telephone): It`s possible I will. It hasn`t been finally determined. He`s asked me to do so. So it`s very possible I will be.
BANFIELD: Are those $100,000 lottery winnings frozen right now, pending the outcome of this civil judgment?
APPLEBY (via telephone): They are. There`s been an order of the court to freeze those assets, yes.
BANFIELD: I appreciate you coming on, Mr. Appleby. It`s not a comfortable topic for anybody, let alone a person who does what our constitution
guarantees that`s not a justice defense.
APPLEBY (via telephone): Can I make a statement?
BANFIELD: Yes, please.
APPLEBY (via telephone): Mr. Hilpipre is not a monster. He has been described as that. He`s not an ogre.
[18:45:01] He is a man who made a mistake.
BANFIELD: No. I`m sorry. I won`t accept that. It`s not a mistake. I make a mistake when I, you know, add up the bill wrong at the restaurant. He`s
that child`s grandfather. I`m sorry, Mr. Appleby. I won`t accept that statement on this program.
It`s not a mistake. It`s a horrifying crime. Awful. Even the plea part of the crime, the lascivious acts to the child. It is a horrible, horrible
offense. But I do appreciate you coming on, Mr. Appleby. Thank you.
Next story, a jilted boyfriend allegedly goes to extremes to terrorize his ex-girlfriend and then make her life a living hell. Cyberstalking. Posting
her number on backpage.com for prostitution. And then going even further. Menacing her sorority sisters. Find out who he is and what he did and how
he did it, next.
[18:50:00] (COMMERCIAL BREAK)
BANFIELD: Breaking up is hard to do. But let`s face it, most of us just suck it up and move on. Not Thomas -- this is a hard one. Traficante.
Thomas Traficante. Seems he just could not bear that his girlfriend dumped him so naturally he took it out on her.
First posting her number on the back pages of backpage.com for prostitution and then soon calls like over 60 of them came in from want to be Johns,
lighting up her cell phone. For good measure, he also sent her a little gift in the mail at her college address. Two packages with cocaine and meth
and tipped off the police before they arrived.
And then he set his sight on her sorority sisters at Sigma Kappa. Texting them things like it`s not safe out there tonight, Kappas. And you`re all
crazy if you think I`m not still out there. He used a fake IP address and phone number so that his contact wouldn`t show. And he disguised is voice
when called the roommate to say, I`m in the house.
But a team of forensic cops was smarter than him and they tracked him all the way to Long Island where tough guy was arrested at mommy`s house. Boom.
And now Mr. Traficante wears orange and has to tell his break up blues to a judge because he pleaded guilty to cyberstalking and now he`s facing up to
three years in federal prison though his lawyer says this just isn`t who Thomas is.
(BEGIN VIDEO CLIP)
RAYMOND PERINI, ATTORNEY FOR THOMAS TRAFICANTE: It was something he had to accept responsibility for and he has to deal with the consequences. And I
think at 23 years old, that`s a very mature decision to make. He`s been a great kid for 23 years. He has had a two-month blip where he did things.
(END VIDEO CLIP)
BANFIELD: Two-month blip where he did things. Again, the defense comes in. Crime and justice producer Michael Christian joins me now. He`s been
working the story all day. There are a few other choice things that this fella did in the cyberstalking. He hacked into her Amazon account. Why was
that?
MICHAEL CHRISTIAN, CRIME AND JUSTICE PRODUCER (via telephone): Well, apparently he was able to use that account to send her a book, Ashleigh.
And the book was called, "I Am Watching You." It was a book about stalking.
BANFIELD: So that`s a nice little treat for her. And then he also was able to hack into her chemistry class at the college where she was?
CHRISTIAN (via telephone): Yes. Apparently she was able to take quizzes online. It`s a new age out there. He was able to hack into that and give
answers to her quizzes and purposely gave the wrong answers so that she either failed a course or she have zeroes on her quizzes.
BANFIELD: So there`s another text that he sent after the one that says, it is not safe out there, Kappas. The next day, he sent, glad you all mostly
took my advice last night, but moving forward, one night doesn`t make Kappas or their dates any safer. I mean no harm. I`m not the threat, but
harm is coming.
He also broke into her Snapchat, Michael. Do we know anything about that or it`s just one more in the long list against him?
CHRISTIAN (via telephone): It`s just one more. You know, this couple started dating. They met online last May. They were broken up by the end of
October. And apparently from the very beginning of the relationship, he was quite manipulative and that`s why she finally broke things off.
BANFIELD: Federal prison has come. Michael Christian, thank you for that. I have two words for you. Face tattoo. But you will not believe what he has
inked on his neck. That`s one more thing and it`s coming next.
[18:55:00] (COMMERCIAL BREAK)
BANFIELD: One more thing for you tonight. This guy`s neck tattoo just about says it all. Look closely. It says "dork." Shawn Frederick
Weatherhead is on the FBI`s most wanted list for allegedly making about a thousand phone calls, threatening calls to FBI field offices right across
the country.
It all happened over the past two years. Believe it or not, he is a former tattoo artist. And he is believed to be dangerous, so if you see him,
beware and do not call him a dork for your own good.
[19:00:05] Can`t make this stuff up. Next hour of CRIME AND JUSTICE starts right now.
(BEGIN VIDEOTAPE)
UNIDENTIFIED FEMALE: She worked for a business that set strict rules for some but not for others.
UNIDENTIFIED FEMALE: We cannot speak to the players anything past the good game or hello. They come in. We have to leave the restaurant.
UNIDENTIFIED FEMALE: But are those rules fair? And should posting this picture be a fireable offense? Especially since so many in her business
have done much, much worse.
UNIDENTIFIED FEMALE: I want to be treated like a professional athlete just like the professional football players.
UNIDENTIFIED FEMALE: He admitted to molesting his 6-year-old granddaughter starting when she was just two.
UNIDENTIFIED FEMALE: And this disgusting human debris has broken her.
UNIDENTIFIED FEMALE: But he may not do any time in jail.
UNIDENTIFIED FEMALE: What`s five years` probation after five years the no contact order is done then what he is going to do again? They are going to
pick up her again and takes (INAUDIBLE) and she may not come out.
UNIDENTIFIED FEMALE: Now her family is going after him in the only way they can.
UNIDENTIFIED FEMALE: This isn`t some little counselling thing. It`s a process.
UNIDENTIFIED FEMALE: And the 23-year-old ex-boyfriend in a break up from hell.
UNIDENTIFIED MALE: He has to deal with the consequences.
UNIDENTIFIED FEMALE: He hacked her accounts. He threatened her sorority. He posted her number on a Web site selling sex.
UNIDENTIFIED MALE: People get on the computer and they believe that they are anonymous.
UNIDENTIFIED FEMALE: But was she lucky it ended there? What`s the chance he is just a good kid who lost it.
UNIDENTIFIED MALE: He has been great kid for 23 years and he has had a two month blip.
(END VIDEOTAPE)
BANFIELD: Good evening. I`m Ashleigh Banfield. And welcome to the second hour of CRIME & JUSTICE.
Whether you work the fryer, the cash register, the chalkboard or the trading desk, there are likely rules that you have to follow. And they
maybe corky, but usually they are pretty fair.
We have just come across one set of rules that blew our minds. And if I had implemented these rules, I don`t know, say with my staff, first there
would be a mutiny and second the tabloids would go nuclear.
I want to just give you taste of what we found. And to do this, I`m just going to use my staff and myself as an example. Ready?
You may not follow me on social media.
You may not contact me, respond to messages from me or like any of my social media photos.
You may not post any images of yourself wearing the logo of the show.
You may not most any images of yourself that depict you as seminude or in lingerie.
And if I show up in restaurant and you are there with your family, you need to leave immediately.
Likewise if I`m at a restaurant and you show up, you also need to leave immediately. And the same goes for parties and bars and events.
This next one is my favorite. You must avoid making eye contact with me. And you must step aside if you encounter me in the hallway.
And if you break any of these rules, you are fired. Immediately.
This sounds absurd, right? Right? Buckle up because there is a mega business that enforces those exact same rules right now. And you are
probably a customer, at least once a week.
The NFL and the New Orleans Saints are the target of the new complaint from Jacqueline Bailey Davis. She is a former Saints cheerleader who says the
team holds its athletes to different standards based on their gender.
(BEGIN VIDEO CLIP)
JACQUELINE BAILEY DAVIS, NFL CHEERLEADER: We cannot speak to the players anything past good game or hello at an appearance or game. And if we are
in a restaurant and they come in, we have to leave the restaurant and bare no -- if we are there first, we still have to leave. I obviously want
equal rules for the players and cheerleaders. I want to be treated like a professional athlete just like the professional football players are
treated like professional football players.
(END VIDEO CLIP)
BANFIELD: And she should be able to have eye contact with whoever she wants, right? Well, Davis was fired after her boss` saw this picture. Of
course, it breaks the rule. This is supposedly semi-naked even though it`s like a bathing suit. But she is actually not filing the complaint because
of this picture. She is filing because of the big picture. She is filing because of what the rules are and stand for and how she says they
discriminate against the women athletes but not the men.
(BEGIN VIDEO CLIP)
DAVIS: I posted a picture in a one piece body suit from some dance shot that I have made. And they said it was distasteful.
[19:05:04] SARAH BLACKWELL, ATTORNEY FOR BAILEY DAVIS: They can`t wear their uniform in the profile picture although the players can. They can`t
be public. They have to privatize their Instagram. The players are public. These are written, blatantly, during their discriminatory rules
that should be changed.
(END VIDEO CLIP)
BANFIELD: With me now CNN Money reporter Ahiza Garcia.
So I can`t believe we are actually having this conversation. I can`t believe this is real. No eye contact during this interview, by the way.
Gaze down. Keep your distance, yes.
So - but this is true. These were the rules. If you come upon an athlete or a coach in say the tunnel, you know, on the way up to the field, step
today side. Eyes down.
AHIZA GARCIA, CNN MONEY REPORTER: Eyes down. Yes.
BANFIELD: Is this just the Saints or is this other organizations within the league?
GARCIA: From what we are seeing, it`s just the Saints. And part of that is because all of this was released in the EEOC complaint. Now --.
BANFIELD: Equal Employment Opportunity Commission. She is suing and saying, hey, this is horse shit.
GARCIA: Gender discrimination, right.
BANFIELD: No. My word is horse shit. I mean, honestly - I`m sorry. But this is 2018. When I read it, I sort of thought this sounds like it might
have been from the 60s.
GARCIA: No. It`s today. And so, while it may just be Saints, it`s unclear because again, not -- cheerleaders from other organizations, other
teams have not filed similar complaints. But I mean, as this proceeds, I mean, they are awaiting a response from commissioner Goodell. So we very
well may see more cheerleaders coming forward and saying represented. I cheered for the Raiders and I underwent similar conditions.
BANFIELD: So they got this guidance verbally and they got this guidance via email, right?
GARCIA: Correct.
BANFIELD: They are called Saintsations, the cheerleaders?
GARCIA: Saintsations, yes.
BANFIELD: Saintsations, OK. They are adorable and pretty and they are very athletic. And by the way, this is an extraordinary dangerous
profession. I know people think it is dancing and jumping around, but it`s very, very dangerous. So they do put themselves at risk when they are on
the field. For some weird reason, I got this explanation that - here you go. I just sort of read them all but you can have them up in front of you
just so you can soak all that crap in. Trust me they have to leave a restaurant if someone walks in. If a player or coach walks in, pack up
your crap and get out, you know. And if they are there and you arrive, don`t even order, right?
GARCIA: And the thing is there are hundreds of players. This applies to not just the Saints, right? Which they may know everyone on the Saints.
But this applies to every player in the NBA and NFL. Even the ones who may never really, you know, really get on TV.
BANFIELD: So here is the other weird thing. They don`t want a lot of mixing and mingling in social media, but they are putting the onus on the
women. And they are saying you need to block a player or a coach who reaches out to you. And you have to have a private Instagram. But they
don`t tell the player, hey, don`t reach out to the cheerleaders.
GARCIA: Right. There is nothing in the player conduct rule book that says that. It completely -- it`s meant to be for the cheerleader safety. But
they are completely --
BANFIELD: Back that up.
GARCIA: The Saints are saying per the complaint that this is meant to be for the safety of the cheerleaders.
BANFIELD: How`s that?
GARCIA: To prevent unwanted, you know, advances.
BANFIELD: So sweetheart, don`t put yourself out there on social media because you could get raped? I mean, come on. What is the safety?
Safety?
GARCIA: I mean they are saying that this is them saying it. Not me.
BANFIELD: Yes. Not shooting the messenger here.
GARCIA: No. But absolutely. I mean, that`s the base of her complaint, is that, really, this is meant to protect us but we are the ones that have to
be the enforcers. If it was really meant to protect us, why aren`t the men also being subject to these types of restrictions?
BANFIELD: I mean, let`s be really clear here. Usually I sit at this desk and I talk about a player who is like, you know, cold cocked a girl and
knocked her out or a fiance and knocked her out or a baseball player who has beaten the living you know what out of his girlfriend in stairwell. I
think that was two weeks ago. Was that one two weeks ago? Google it. It is still getting huge views.
But this apparently is -- it`s the cheerleaders who need to protect themselves from that by not going -- not allowing anybody to reach them on
social media.
By the way, I think Bailey Davis had private Instagram and I think that pretty picture of hers was on her private Instagram and still she gets
turfed.
GARCIA: Right. So -- there were allegations that she had been at a party and a player was there. She denied that. They asked her in the meeting
where they discussed whether she had been at this party or not, to please make your account private. After that, she goes and them makes it private
and then post that account - and that post that photo. And then it gets bashed.
BANFIELD: So there is this -- here are the guidelines. And again, this is today. These are guidelines from today. Guidelines meant to protect the
cheerleaders.
And this is from Ashley Deaton who is the senior director of entertainment teams. That is the Saints` exec. In an effort to protect you from player
advances and activity that can be deemed suspicious, it`s in your best interest that as long as you are a Saintsation you do not follow any
players or coaches on social media at all. Do not comment on or like anything that they post repost or tagged in. Any such activity will likely
give them the impression that you are available to their advances.
I mean, maybe they should have added don`t wear short skirt. Because, you know, if you are hanging out at the bus stop in the `60s wearing a short
skirt, the word was you are asking for it.
Semi for a second. I want to bring in Emily Compagno. She is an attorney but she is also a former NFL cheerleader.
Emily, get me off the ledge. Is this crazy or is this have airtight?
[19:10:49] EMILY COMPAGNO, ATTORNEY AND FORMER NFL CHEERLEADER: Hi, Ashleigh. Thanks for having me on.
I would like to explain to viewers what`s going on here legally. Now this cheerleader is alleging gender discrimination, might under title seven of
the civil rights act. And then we also have the social media policy that falls under the NLRA and basically federal speech laws.
So for viewers, I want them to understand that the analysis will be whether the Saints have a compelling business justification for treating the
cheerleaders differently. And the largest difference is the unionization. And that it`s not about whether they are athletes or cheerleaders but the
designation of independent contractors are potentially seasonal for unionized employees. Now that is really huge. But that still - the Saints
still needs to provide that compelling business justification.
BANFIELD: I`m sorry. You are going really quickly. You are going really quickly and you way smarter than me. So you are saying that the fact that
the players are unionized and the cheerleaders, who are also athletes, are not unionized gives them cover for this?
COMPAGNO: No. It means that that gives the Saints broader latitude over the cheerleaders than the athletes for their designation. And it means
that that will be part of the analysis that the EEOC will conduct and in their investigation as to whether they were treated fairly and lawfully.
It will go into the analysis of that designation.
So if someone is an independent contractor or seasonal employee then that gives broader latitude for and comparison to a unionized employee. And if
the compelling business justification is safety and that`s accepted or if it`s profit interference, if it is any kind of compelling business
justification the Saints provide, that will part of EEOC analysis.
So my job here is just to provide those aspects that the EEOC will look at. I`m not saying that that`s what everything will hang the hook on. But
that`s one in a kind of a material. It`s a material fact here.
BANFIELD: Yes. I would love to see these people mess with you when you were an L.A. Raider, seriously. The way you are talking, it is just like
man. I like to see you defend, you know, Bailey Davis.
In fact, before you go on, this is Bailey Davis on the today show defending herself and essentially characterizing how she feels in her employment or
was in that employment and how she feels all of them are in that role. Take a look.
(BEGIN VIDEO CLIP)
DAVIS: We have always been told you are replaceable. There`s hundreds of girls that would do this for free. So that`s kind of why, you know, any
little thing we just kind of kept our mouth shut because we wanted to be professional cheerleaders. It`s not fair that we have worked our whole
lives to do this professional job as well as the players have and we are stifled by these rules.
(END VIDEO CLIP)
BANFIELD: So let me ask you this, Emily. Is she trying to in essence show that the NFL and maybe the Saints as well have violated title VII of the
civil rights act of 64? And if that is case, what does that mean?
COMPAGNO: Yes. She is alleging in her complain that she is being discriminated against because of her gender. And it means that in the
investigation that EEOC will undertake, they might find either cause or no cause and that could result in lawsuits later.
I also want to draw viewers` attention to that social media policy because I think it goes against a lot of our intuition. The National Labor
Relations Board has held that it is against federal law for employers to have their employees` hide where they work. They have also held that it`s
against the law for employers to require that their employees do not use the logo. And they have also held that words like inappropriate or
unprofessional or overbroad.
And ultimately, at its heart, they are protecting concerted speech. They are protecting speech that these employees can air grievances against their
employers. And these are things that we see in profit sense right. We think where only the NFL should be able to use the low. And that
(INAUDIBLE) in with all of the allegations she makes in her complaint. But she couldn`t say she was a Saint cheerleader, et cetera. But I just want
everyone to understand that it`s against the law for that free speech workers right movement. So that to me is an interesting souls (ph) to this
case that might shed some light.
[19:15:05] BANFIELD: Let me get a second voice in here.
Troy Slaten is a defense attorney. You have looked over the docs. He has looked over case. Do you think she has a case? Do you think she can win
it?
TROY SLATEN, DEFENSE ATTORNEY: I think that the NFL and the Saints actually have a leg up here.
BANFIELD: Wow.
SLATEN: And it`s because even though these policies may seem from a time past, this woman would have to show that it was put in place specifically
to discriminate against women or minorities.
BANFIELD: I don`t see any male cheerleaders, Troy. All I can say is that when a woman is told you have to avert your eyes and I don`t see any women,
players or coaches, avert your eyes means ladies, avert your eyes, the man is coming through. But you know what? It`s going to be up to the parties
and the judge.
I got to cut it there, Troy. Thank you. My thanks to Ahiza Garcia as well and Emily Compagno.
There is outrage tonight after a convicted child molester avoids prison. Avoids it. And then for good measure wins the lottery. How can a predator
who admits to abusing his own granddaughter strike such a sweetheart deal and get such luck, too?
Also, you can now listen to our show any time. Download our podcast on Apply podcast, Iheart radio, Stitcher, Tune In or wherever you get your
podcast for your CRIME & JUSTICE fix.
(COMMERCIAL BREAK)
[19:21:31] BANFIELD: Jail is no place for judgment. But people who molest children are the most detested people in our prison system. To the point
where their cellmates often give them a little extra punishment during their time behind bars.
But there is one child molester in Iowa who won`t be spending any time behind bars. Nothing. Not a day. And Dean Hillpipre admitted to
everything he did. Admitted to molesting his own little granddaughter for over four years from the age of two until the age of six.
For that he could have been given 50 years in prison because he was charged with two counts of second-degree sex abuse. Instead, Dean Hillpipre got a
sweetheart deal, just five years` probation for lascivious acts with a child.
(BEGIN VIDEO CLIP)
KASEY HILLPIPRE, MOTHER OF VICTIM: What`s five years` probation? After five years the no contact order is done. What`s he going to do again? Is
he going to pick her up again and take her into the woods again and she may not come out. What justice is that? What safety is that for the remainder
of her life?
(END VIDEO CLIP)
BANFIELD: Five years` probation isn`t a picnic but it sure isn`t winning the lottery, right? Except that Hillpipre literally won the lottery while
he was awaiting his sentence. The guy won $100,000 and there`s the picture to prove it and the smile. And the family of the granddaughter that he
violated is saying he is going to need that hundred grand because they are going to sue him. They are going to sue Hillpipre for sex assault, for
false imprisonment and emotional distress. And they are going to ask him for a million dollars and that`s at least.
(BEGIN VIDEO CLIP)
DEBORAH YANNA, GRANDMOTHER OF VICTIM: One day, you know, my granddaughter is going to know my grandma was there for me and my mom. The people that
truly love her are there to defend her.
Very disappointed and the assistant county attorneys, the county attorney himself. Done. The judge, James McLean.
We are to defend her even though the law here did not defend her. They defend the molesters, the pedophiles.
(END VIDEO CLIP)
BANFIELD: With me now, Stephen Gruber-Miller, courts reporter for the Des Moines Register.
I have to be honest with you, Stephen. I know there are two sides to every story but on this one it sounds like that grandmother has it pegged. It
does not sound like justice for this little 6-year-old victim.
STEPHEN GRUBER-MILLER, COURTS REPORTER, DES MOINES REGISTER: Right. I think part of the problem in bringing the case to trial, I know the
prosecutor said at sentences that they had some concerns about, you know, being able to present the evidence that they needed to. One of those being
the girl might had to actually testify had the case gone to trial. Obviously, that`s a difficult thing for a six or 7-year-old to do. And you
know, any time a case ends in plea agreement rather than a trial, there`s a lot of factors that go into it. But yes, that was one of them.
BANFIELD: That`s one of them. There was a videotape apparently of this victim. I don`t know what was on the videotape, but apparently it was
deemed to be insufficient for a court prosecution. Do you know anything more about it?
GRUBER-MILLER: If I`m understand -- I`m not sure. But if I understand what you are talking about, you might be referring to an interview that she
did with the department of human services.
[19:25:08] BANFIELD: Yes.
GRUBER-MILLER: And I think that they hope to play that as a standalone as like a substitute for her testifying in trial but that wasn`t going to be
possible. But if you are referring to something else, I`m not sure.
BANFIELD: No. A constitution says you have the right to, you know, face your defender in court. And the videotape, you can`t really cross examine
that, so. But then there was also this notion of a forensic psychologist who performed some kind of psycho-sexual evaluation on this man. Again, a
man who had repeatedly for four years, over and over again, violated his own baby granddaughter from age two through until age six. And this
psycho-sexual evaluation said he was at low risk for re-offending. How did that happen? Because it sounds to me like he re-offended a lot.
GRUBER-MILLER: Right. I haven`t seen the evaluation itself so I`m not sure I can speak to that. I know that it said what you just described that
he was a low risk re-offending. And I do know that`s one of things that the judge took into consideration in passing the sentence.
BANFIELD: And then, of course, there was that issue of $100,000 lottery win which is one of those things where you just wonder where karma is in
the universe.
Standby, if you will, for a minute, Stephen. If I can, while we just drink in the image on the screen. I want to bring in the victim`s mother, Kasey
Hillpipre. She`s on the phone with me from Des Moines. And also, the victim`s grandmother Deborah Yanna is with us as well.
Kasey, first to you. You know, I have heard the reaction that you and your mom have had. But I still can`t believe this story is true. And yet it`s
all too true for you and your family. First and foremost how is your daughter?
HILLPIPRE (on the phone): Well, to be perfectly honest, she is emotionally destroyed. Very physically -- it`s really difficult for her because she
feels, you know, as if nobody loves her because of the situation that occurred which is not the case. She knows that her family does love her
and support her. But because of the emotional distress that this monster caused to her, she is struggling with her own pretty much identity and her
own wellbeing inside.
BANFIELD: This monster. I mean, we are looking at him on the screen, effectively your, you know, your father-in-law. Effectively her
grandfather. You have another daughter as well. Big sister to this child he violated. And she spoke at the hearing. Can you paraphrase and tell
our viewers what big sister said about all of this and the effect it`s had on your family.
HILLPIPRE: Absolutely. My daughter gave a combined statement. My 14- year-old gave a combined statement with my 7-year-old, the one who was molested. And it has really effected all of my children, to be honest.
My daughter went through a difficult phase herself. Emotionally, my 14- year-old, she was forced to kind of carry around all of the mental anguish that this caused before she even told anybody. And she wrote in that
statement how she was disgusted with her grandfather who even she stated was no longer her grandfather to her in any way shape or form. And she
wished that he would suffer, you know, the most pretty much of the court system to provide justice that needed to be provided. And she felt as if
the world had pretty much, in a sense, turned their back on my two daughters.
It`s been very difficult to the point where it has affected my sons as well. My poor oldest daughter had to explain to them why they could not
see their grandfather anymore. And it was very difficult for them as children to be able to convey how frustrated they were when it was
difficult to explain to them exactly what was going on.
BANFIELD: Was your younger child, the child that we have been referencing who was molested from age two to age six, was she the only victim of this
man?
HILLPIPRE: As far as we know, yes. But in my personal opinion and my feelings wise, I don`t believe that`s the case. I believe that, you know,
if he can keep it hidden for as long as he did and as well as he did, then who is to say that there`s not somebody else out there that could have been
harmed. We were given another child`s name in regard to it. But I can`t give that information.
[19:30:01] BANFIELD: No, of course. As far as your children, were they spare Dean Hillpipre?
HILLPIPRE: My boys no but my oldest daughter is very afraid of him as well.
BANFIELD: And as far as the molestation, your youngest suffered at his hands, but your other children did not, correct?
HILPIPRE: Correct.
BANFIELD: So let me ask you about the lawsuit. Clearly you`re not getting the justice you want with the system. I mean, five years probation for
this. You barely hear this kind of a story. But you do have some recourse in the civil courts. And to that end, at least a million dollars is the
lawsuit. Tell me a little bit about that. Was there -- was there anything that that lottery winning spurred in you to go this other direction?
HILPIPRE: Well, I -- we kind of waited a little bit to hear on what the justice system would be providing in regards to the case. And once it
actually finally, you know, they gave the probation wise and all of that, I knew at that point that the civil -- or sorry, that the criminal system had
failed my child and that I would do everything within my power to try and provide the justice that she deserves and if doing a civil suit is the way
for me to do that then that`s what I would do. And I did go ahead and file civilly and this is not -- has nothing to do with me. And it is in regards
to my child receiving the justice that she deserves and I am praying and hoping that the civil system will provide that for her when the criminal
system did not.
BANFIELD: So Deborah Yanna, as this child`s grandmother and as Kasey`s mom just to keep everyone straight, does this -- I can only assume that the
court proceedings themselves felt like the ultimate slap in the face, gut punch. But then there was this lottery winning. Walk me through the
family`s emotion as you tried to navigate everything that was happening in such a short period of time.
DEBORAH YANNA, GRANDMOTHER OF VICTIM: Well, it`s -- it has been quite a horrific journey. One that I would not choose for anyone to have to go
through. But unfortunately this is a huge, huge issue. It`s every day on the news. It -- you hear of it and it`s frustrating. It`s frustrating to
sit into the court -- in the courtroom. I have read the documents from DHS. I read them thoroughly over and over and I wanted to -- my heart
literally wanted to vomit at what this man did to my granddaughter from the ages of two until six years old.
BANFIELD: You know, keeping in mind that, you know, this is a television show where there may be younger people watching, but can you explain to me
what he did and where he did these things?
YANNA: As cautious as I am with that, he had taken her -- I have to be careful with that. But he had taken her into the woods where she described
he forced her -- he took her until -- and forced her hand until white goo came out and fell to the ground.
BANFIELD: And she was able to testify to this, right?
YANNA: He has -- Yes. Yes.
BANFIELD: Please continue.
YANNA: And she also stated in there several things where he took her into the bedroom while grandma sat in her recliner just a few feet away where he
performed oral sex on her. There`s so much more to that. It breaks my heart as a grandmother who when she was born, it was the -- she`s the most
precious -- I mean, that`s the most precious gift that you can receive as a grandparent is to hold that beautiful little baby to protect her, to be
there for her. That`s what I -- that`s what I`m doing for her today because the justice system has not been there for her. They haven`t been
there for her through this whole situation. Her bravery, I admire. It took her a lot to come forward and now when I look back, I see things that
were going on in her life, not eating well, trying to get food down her. Crying at the drop of a hat, emotionally broken, afraid, terrified, not
sleeping well at night, bad dreams, having trust issues. It all falls into place now, I understand.
[19:35:03] BANFIELD: Yes. And it`s important for our viewers to remember we are not talking about a woman. We`re talking about a two-year-old,
three-year-old, four-year-old, five-year-old and six-year-old girl. The fact that she could even muster those memories at that young age. If you
would stand by, Deborah, I want to fit in a break and after the break, I want to get a deeper dive on this because the number one question most
people have when they hear details like that and they see the effect on victims and victim`s families. What does the perpetrator have to say for
himself? Well, his lawyer is going to join me right after the break.
(COMMERCIAL BREAK)
[19:40:39] BANFIELD: Dean Hilpipre molested his six-year-old granddaughter from the time she was age two. There`s the shot of him. He admitted it.
And he got a sweet, sweet plea deal for lascivious acts with a child five years probation. At first he could have faced 50. I want to bring in Dean
Hilpipre`s attorney, George Appleby. Mr. Appleby, for the life of me I don`t understand how these deals work. I get the police system. I`m not
that much of an idiot but I don`t get the police system that goes from 50 years, an admission of raping and molesting your granddaughter and walking,
no prison. Five years probation. Help me through this.
GEORGE APPLEBY, DEAN HILPIPRE`S ATTORNEY (via telephone): Well, a deal was made for Mr. Hilpipre to plead guilty to one count of lascivious acts with
a child. I can tell you the assistant attorney general is an extremely experienced, tough and hardnosed prosecutor and she entered into this deal
very advisedly and there was a good reason to do so.
BANFIELD: What does -- what does Dean Hilpipre`s son say about all of this? Because his own son is his victim`s dad. Do they speak?
APPLEBY: Well, I can`t tell you that. I don`t know. There is a no contact order and has been for several months between Mr. Hilpipre and his
son. So, they`re not speaking now.
BANFIELD: So, it is ordered that he is not to talk to his son, the father of his victim. And I`m assuming that no contact order will go beyond five
years for that child as well, correct?
APPLEBY: Well, I don`t know that it will. The no contact order, I think has a limit of five years. His son is certainly a grown up man in his 40s.
So, he can make the decision after that whether to speak to his father or not.
BANFIELD: In the sentencing -- correct me if I`m wrong if it wasn`t the sentencing. I do know that in one of the court proceeding, the judge noted
that he had to consider what sentence would offer Dean the best chance at rehabilitation. But I didn`t see anything about the rehabilitation of a
six-year-old child who`s been repeatedly raped for almost her entire life and that surprises me. Doesn`t that surprise you?
APPLEBY: Well, let me correct a little bit. The record is not at all clear on the extent or what exactly happened. There`s no element in the
record that Mr. Hilpipre raped his granddaughter. And that language is excessive and exaggerated and there -- as I say, it did not happen. So we
have to deal with just what the facts are. Mr. Hilpipre plead guilty to one count of lascivious acts with a child.
BANFIELD: Did he have to fess up to what those acts were? Because we`ve just spoken with, you know, Deborah Yanna and Kasey Hilpipre, the child`s
mom and the child`s grandmother who are traumatized by this and has said that baby is traumatized and described in detail what she was forced to do
with her hands and what she was forced to do with her mouth and what he did to her genitals. So did Mr. Hilpipre fess up to that in this deal?
APPLEBY: Mr. Hilpipre plead guilty to one count of lascivious acts with a child. That`s what he --
(CROSSTALK)
BANFIELD: I understand. I understand. Let me ask you about the civil potential here. I know that you`re his criminal defense attorney, will you
be his civil defense attorney in this lawsuit as well?
APPLEBY: It`s possible I will. It hasn`t been finally determined. He`s asked me to do so, so it`s very possible I will be.
BANFIELD: Are those $100,000 in lottery winnings frozen right now pending the outcome of this civil judgment?
APPLEBY: They are. There`s been an order of the court to freeze those assets, yes.
BANFIELD: I appreciate you coming on, Mr. Appleby. It`s not a comfortable topic for anybody let alone a person who does what our constitution
guarantees us and that`s a justice defense.
APPLEBY: Can I make a little statement?
BANFIELD: Yes, please.
APPLEBY: Mr. Hilpipre is not a monster. He`s been described as that. He is not an ogre. He is a man who made a mistake. He`s --
(CROSSTALK)
[19:45:01] BANFIELD: No. I`m sorry. I won`t accept that. It`s not a mistake. I make a mistake when I, you know, add up the bill wrong at the
restaurant. He`s the child`s granddaughter -- that grandfather. I`m sorry, Mr. Applebee. I won`t accept that statement on this program. It`s
not a mistake. It`s a horrifying crime. Awful. Even the plea part of the crime, the lascivious acts with the child. It`s a -- it`s horrible,
horrible offense but I do appreciate you coming on, Mr. Appleby. Thank you.
Next story, a jilted boyfriend allegedly goes to extremes to terrorize his ex-girlfriend and then make her life a living hell. Cyberstalking, posting
her number on backpage.com for prostitution and then going even further, menacing her sorority sister. Find out who he is and what he did and how
he did it, next.
(COMMERCIAL BREAK)
[19:50:43] BANFIELD: Breaking up is hard to do, but let`s face it, most of us just suck it up and move on. Not Thomas -- this is a hard one,
Traficante. Thomas Traficante. Seems he just could not bear that his girlfriend dumped him, so naturally he took it out on her. First posting
her number on the back pages of backpage.com for prostitution and then soon calls like over 60 of them came in from wannabe Johns, lighting up her cell
phone. For good measure, he also sends her a little gift in the mail at her college address. Two packages with cocaine and meth and tipped off the
police before they arrived. And then he set his sights on her sorority sisters Sigma Kappa, texting them things like, it`s not safe out there
tonight, Kapas and you`re all crazy if you think I`m not still out there. He used a fake I.P. address and phone number so that his contact wouldn`t
show and he disguised his voice when he called the roommate to say, I`m in the house. But a team of forensic cops were smarter than him and they
tracked him all the way to Long Island where tough guy was arrested at mommy`s house. Boom! And now Mr. Trafficante wears orange and has to tell
his breakup lose to a judge because he pleaded guilty to cyberstakling and now he`s facing up to three years in Federal prison, though his lawyer says
this just isn`t who Thomas is.
(BEGIN VIDEO CLIP)
RAYMOND PENN, THOMAS TRAFICANTE`S ATTORNEY: It was something he had to -- he had to accept responsibility for and he has to deal with the
consequences. And I think at 23 years old, that`s a very mature decision to make. He`s been a great kid for 23 years and he`s had a two-month blip
where he did things.
(END VIDEO CLIP)
BANFIELD: Two-month blip where he did things, again. The defense comes in. CRIME AND JUSTICE producer Michael Christian joins me now. He`s been
working in the story all day. There are a few other choice things that this fellow did in the cyberstalking. He hacked into her Amazon account. Why
was that?
MICHAEL CHRISTIAN, PRODUCER, CRIME AND JUSTICE (via telephone): Well, apparently he was able to use that account to send her a book, Ashleigh.
And the book was called I Am Watching You, and it was a book about stalking.
BANFIELD: So that`s a nice little treat for her. And then he also was able to hack into her chemistry class at the -- at the college where she
was?
CHRISTIAN: Yes, apparently she was able to take quizzes online. You know, it`s a new age out there, and he was able to hack into that and give
answers to her quizzes and purposely gave the wrong answer so that she either fail the course or she have zeros on her quizzes.
BANFIELD: So there`s another text that he sent after the one that said it`s not safe out there, Kappas, he said, glad -- the next day, he sent,
glad you all mostly took my advice last night, but moving forward one night doesn`t make Kappas or their dates any safer, I mean no harm, I`m not the
threat, but harm is coming. He also broke into her Snapchat, Michael. Do we anything about that or is that just one more in the long list against
him?
CHRISTIAN: It`s just one more. You know, this couple started dating. They met online last May. And they were broken up by the end of October
and apparently from the very beginning of the relationship, he was quite manipulative and that`s why she finally broke things off.
BANFIELD: Federal prison`s coming. Michael Christian, thank you for that. I have two words for you. Face tattoo. But you will not believe what he
has inked on his neck. That`s one more thing, and it`s coming next.
[19:55:00] (COMMERCIAL BREAK)
BANFIELD: One more thing for you tonight. Who doesn`t love a good face tattoo? This guy, obviously does. Right down to the next tattoo that says
dork. Seriously, it says dork. Shawn Frederick Weatherhead is his real name and he is on the FBI`s most-wanted list for allegedly making about a
thousand threatening phone calls to the FBI field offices across the U.S. It`s all been going on over the last two years. He is a former tattoo
artist. Match. He is believed to be armed and dangerous though. So police advised anyone who might know anything about him to contact law
enforcement immediately and maybe do not call him by his nickname. He may not take kindly to it. I don`t know about that art. Don`t quit your day
job. Thanks for watching, everybody. I`m Ashleigh Banfield.
[20:00:00] See you back here tomorrow night. 6:00 Eastern for CRIME AND JUSTICE. "DEATH ROW STORIES" begins right now.
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