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Crime and Justice With Ashleigh Banfield
Outrage, Five Killed, Accused Killer Now Blaming Someone Else; Cops Describe Sickening Scene Inside Turpin Home; Cops Hypnotized Girl To Find Her Attacker; Caught On Camera; Inside Evil With Chris Cuomo; One More Thing; Man Keeps Fighting Cops After He`s Shot; Robber Slithers Along The Floor To Rob Smoke Shop; Beautiful Teen Mom Was Found Killed In A Car Crash; Suspect In Hitting Brittani Marcell By A Shovel Has Been Identified After Six Years. Aired 6-8p ET
Aired June 20, 2018 - 18:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[18:00:07] ASHLEIGH BANFIELD, HOST, HLN CRIME AND JUSTICE: Good evening, everyone, I`m Ashleigh Banfield. This is "Crime and Justice."
Tonight, the man accused of drunk driving and killing an entire family, he got plenty of excuses for the jury, like another driver made it happen.
Dave Siegel is tracking this trial. Seriously, that is his defense?
DAVE SIEGEL, HLN CORRESPONDENT: It`s true, Ashleigh, this guy`s defense is painting a much different picture of this accident, saying a third driver`s
road rage caused that accident that caused the death of the family of five. It wasn`t the booze at all. We`ll take care of a lot more in just a few
minutes.
BANFIELD: Well, I am all ears on this one. I can`t wait to hear that defense. Thank you Dave.
Also tonight, a case that went unsolved four years until the victim was hypnotized. Wouldn`t you know it? She remembered the man who attacked her
with a shovel. Justin Freiman is covering this incredible story, but Justin, the suspect is saying you`ve got the wrong guy.
JUSTIN FREIMAN, SR. PRODUCER, HLN CNN: That is right. She is attacked with a shovel, hypnotist -- she is hypnotized and that is how she ends up
remembering his name. But this guy, he still says it`s not me.
BANFIELD: Well, who would it be then? All right. I`m going to look forward to that one and why he would plea to these charges.
Then there`s the astounding video of a young man in Cleveland charging at the police after being shot in the stomach at close range. The crime, he
is suspected of committing before this fight, and the injuries, the officer sustained as well. You`re going to hear all about that.
Then later a dark mystery at an L.A. car crash where police found the dead body of a beautiful teenage mother, only reports say the crash didn`t kill
her, the gunshots to the head did. So how did she end up there? And where is her killer tonight?
First I want to take you to Canton County, Kentucky where a 57-year-old young man named Daniel Greis, standing trial for killing a family of five,
prosecutors saying he was drunk and behind the wheel. But Mr. Greis is not going down without a fight. Prosecutors hit the ground running, in their
opening statements today saying, Greis was not only drunk, he was also high for good measure when he decided to drive home from the golf course.
Crossing the double line, veering into oncoming traffic, speeding up to 96 miles an hour and then plowing straight into the Pollitt family.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: It`s a mess. This car, you know, looked like it blown up or something.
UNIDENTIFIED MALE: My heart dropped. I didn`t even know there was any life in that vehicle when I passed it the first time or the second time.
(END VIDEO CLIP)
BANFIELD: Rodney and Samantha Pollitt were reportedly driving their kids just 9, 8 and 6 years old to their grandfather`s house after parent/teacher
night at the elementary school. According to local reports, that grandfather was actually waiting in the garage for the family to pull up,
but that visit never happened. Mr. Greis was the one who survived this crash. Take a look. Recovering from serious injuries, even being wheeled
into court to face five murder counts. He could end up behind bars for the rest of his life, but he is got plenty of excuses that could convince the
jury to instead go easy on him. His defense saying he only had pot in his system that day because he uses it for leg and back pain. Adding, he only
ended up in the wrong lane, because he was trapped there by another road raging driver that wouldn`t let him pass. So will a jury buy the road rage
thing, or will they see a blood alcohol level and just call it a day?
Joining me now, Amanda Kelly, staff writer with the Grant County News, also Joseph Scott Morgan is with me, certified death investigator and professor
of forensic at Jacksonville State University and also defense attorney, Joey Jackson here together.
All right. I`m going to get to all of you. But first, Amanda, I want to start with you because you`ve been in the courtroom. And his is the kind
of trial that -- loo, you have a family of five that was dead on the scene. Three of those little kids coming back from parent/teacher night at the
elementary school. The details just don`t get more alarming and tragic and they also make you pretty angry. Is that what the courtroom felt like,
angry?
AMANDA KELLY, STAFF WRITER, GRANT COUNTY NEWS: Hi, Ashleigh. The courtroom felt very stiff today, especially it went beyond words -- in the
photos as the prosecution introduced countless photos of -- including photos of the family members and their mutilated state that was caused by
the wreck.
BANFIELD: So the opening statements would have to be pretty powerful in this one, because it appears that, you know, that Daniel Greis really wants
the jury to believe that there was a bunch of road rage going on.
[18:05:00] Damn the idea that there`s a blood alcohol problem, damn the idea that there`s marijuana in his system, damn the idea that he had it
floored to 96 miles an hour. How powerful was the defense opening in order to try to get over all those hurdles?
KELLY: They stuck to their strategy, which is introducing a third driver, his name is Jesse Phillips, who will testify later on, that he is a non-
contact vehicle saying he played the role, and they even played audio footage from 911 calls saying that he was trying to speed up and not let
him over. And it left the courtroom in complete silence.
BANFIELD: Well, I`m going to play that in a moment, but not before you hear from the prosecutor in this case who tries to lay out what the story
is behind the charges. Why this man is facing five counts of murder in this courtroom. Have a listen to what Maria Schletker had to say as the
prosecutor opens it case.
(BEGIN VIDEO CLIP)
MARIA SCHLETKER, ATTORNEY, ASSISTANT COMMONWEALTH: You will hear from other drivers on the roadway who will describe how aggressively this
defendant was driving. You will hear about how he was speeding, tailing other vehicles, crossing double yellow line, and was using the wrong lane
of travel.
(END VIDEO CLIP)
BANFIELD: Now, that is not good to hear, but the defense attorney stood up and brought a whole other player into this case named Jesse Phillips. You
mentioned, Amanda, this Jesse Phillips, the third driver on the road that night, the road rager who really caused all of this, if you believe the
defense attorney in this case, in fact, Jesse Phillips is the one that apparently should be in this courtroom instead of Daniel Greis who is the
one in this courtroom, but this is what his attorney had to say in openings.
(BEGIN VIDEO CLIP)
STACEY GRAUS, DEFENSE ATTORNEY: The evidence is going to show that Jesse Phillips then sped up when Dan Greis sped up again, putting Dan Greis and
his vehicle in no man`s land on a rural road.
(END VIDEO CLIP)
BANFIELD: But here`s the problem, there is evidence, Amanda, of blood alcohol. What was his blood alcohol level that night?
KELLY: Evidence from the Kentucky State Police Laboratory in Frankfort showed that he`s blood alcohol level was .083, which is just slightly above
the legal limit, along with four anagrams of THC where in his blood system, but there is no way to determine when the marijuana would have entered his
system. That was discussed today during testimony from lab specialists.
BANFIELD: So there was blood alcohol, and it was over the legal limit, even if only by a smidge. There was marijuana in his system. He has an
excuse for why that is the case. And this is how his defense attorney wrapped all of those concepts up to hope that the jury thinks there`s
nothing wrong with those two what are normally called bad facts. Have a listen.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: I observed what appeared to be a SUV to my left on its top, and then up the road I saw what appeared to be a maroon passenger car,
that appeared to be in multiple pieces, completely destroyed.
UNIDENTIFIED MALE: The evidence is not blood alcohol level, but impairment, was Dan Greis impaired? What level of impairment? Dan Greis
showed those signs of impairment prior to this motor vehicle accident.
(END VIDEO CLIP)
BANFIELD: OK. Joseph Scott Morgan, you`re going to have to get me off the ledge here. Because either you`re impaired or you`re not impaired and
usually nobody cares. If you`re impaired and you kill people, they don`t care if it was just a little bit. Or if you had pot a long time ago for
some other reason, usually they don`t care, but should they?
JOSEPH SCOTT MORGAN, PROFESSOR OF FORENSIC, JACKSONVILLE STATE UNIVERSITY: Yes. They should. Because Kentucky State law said that they should. This
guy is impaired. He is above the legal limit. And not to mention he is also got THC on board, both of these, THC being the active ingredient in
marijuana that causes this inebriated state, and we don`t know how long it was in the past prior to him smoking, but the point is, is that you`ve got
both of these that are going to lower his inhibitions, his ability to make reasonable, cognitive decisions.
And as you stated earlier, he is got this vehicle floored. And it`s floored to the point where he rams into this family and delivers lethal,
lethal power onto these people.
BANFIELD: He is got an excuse for that too. I am going to get there in a minute. But Amanda, I don`t know if we`re there yet in the case. And
don`t worry if we aren`t. Just let me know if we`ve gotten to the part where they say, he was high as a kite, or if they say, yes, there were
traces of marijuana in his system, and maybe it was there for medicinal purposes or pain management. Do we know if he was high as a kite or if
maybe somewhere in his past there was maybe use of marijuana that was still lingering in his blood?
KELLY: Well, the defense argues that he was a regular smoker in order to help with the back pain, but because of that, those four anagrams of THC,
the active ingredient in marijuana that was in his system, there was no way to tell had he just lit up a joint and started driving or had he done it
days before.
[18:10:13] The defense argued that he had smoked at his normal time, about 7:30, 8:00 a.m. that morning, and that he wasn`t high as a kite as you say.
BANFIELD: Not high as a kite, but that measurement, four anagrams, Joseph Scott Morgan, tell me what four anagrams --
MORGAN: Four anagrams or deciliters -- it`s the measurement that they use for the level of THC. And what`s curious or what`s interesting about this,
is that that is within a therapeutic range. Say, for instance, if he is ingesting that, for pain control, that sort of thing, but you couple that
back again with his ethanol level, and that is lethal.
BANFIELD: Not good. So, I just want to play for you, I f I can, something else the prosecutor said, because Joey Jackson, you know how this works,
right, you can win or lose a case in the openings.
JOEY JACKSON, DEFENSE ATTORNEY: Absolutely.
BANFIELD: Or the closings.
JACKSON: Yes.
BANFIELD: OK. But we`re only at openings. And I think this is the kind of statement, and you tell me, because you`re in a courtroom all the time,
you tell me if this is the kind of statement that kind of gets in the back of the throat of the jurors, because this is where they`re talking about
body bags. Have a look at this.
(BEGIN VIDEO CLIP)
SCHLETKER: The members of the Pollitt family ended that day in body bags. The reason for that, the reason an entire family, all five of them, are
dead is this defendant, Daniel Greis.
(END VIDEO CLIP)
BANFIELD: So it`s either the comment about the body bags or it is the crying family that is in the front row.
JACKSON: Not to mention the three children that are lost here. You see their beautiful picture, because you`re overcoming a lot here, Ashleigh,
not the least of which is emotion, and you know, the other least of which are beautiful children who are gone. So a lot to overcome from a defense
perspective, but it certainly could be and we can talk about it.
BANFIELD: So Daniel Greis, this defendant says, you know, I`m driving and there`s a guy in front of me who`s going real slow and he is a rager, he is
like slowing down even more. Then I go out to pass him, and he speeds up and won`t let me pass. Which is why I`m pinned at 96 trying to get past
this road raging guy who wouldn`t let me past. And if that sounds crazy, if that sounds like it`s just a big old excuse, I want to play for you that
guy, that road rager, that Jesse Phillips. I`m not going to call him a road rager. This is what the defendant calls him, but that guy called 911
after the crash. OK. And call it what you will, but what he says in the 911 call, I think that slants towards the defendant. You be the Judge.
Have a listen.
(BEGIN VIDEO CLIP)
He tried to pass me, and I sped up because I didn`t want him to go around me. He tried passing me and I didn`t want him passing me. Because this
road isn`t made for passing. And I freaking sped up. I sped up.
(END VIDEO CLIP)
BANFIELD: I sped up, Joey Jackson, he is actually saying he sped up, but he also says I had my kid in the car.
JACKSON: Yes, so, very quickly, what happens is the defense is trying to negate recklessness and depravity. It is one thing to be drunk, it is
another to be so outrageously drunk and to act in such a way that you kill someone, we are not only talking about a DWI, Driving While Intoxicated
case, we are talking about a murder case, and to get there you have to show elements of his conduct that are outrageous.
BANFIELD: All right. I`m going to leave that one there. Amanda Kelly, thank you for reporting. I do appreciate it. Joey Jackson, I am going to
ask you to stay, and Joseph Scott Morgan, along shift tonight, as well. So, I hope you could stick around.
JACKSON: Sure.
BANFIELD: I have some details from a story that we`ve been following for a couple months now. These are sickening new detail about what was it like
for all of those 13 kids who are living in that California house of horrors, their parents David and Louise Turpin were in court today for a
preliminary hearing. And the officers who rescued those kids, testified about the shocking things that they saw inside that house and the shocking
things that those kids told them.
A 12-year-old victim, little girl, said that she had last taken a bath in May of 2017. She also described how the kids were made to snitch on one
another. Her mother`s idea, she said, and that their mother Louise would make certain kids among the family hall monitors in the house. And they
were tasked with keeping the others in their room. Keeping them from sneaking to the kitchen to get food.
Also a 22-year-old child of theirs, and I say child, because they all seem to be so much younger than they actually were, a 22-year-old male told the
officers about how hard it was to be chained up and restrained, sometimes for months on end, describing how he couldn`t roll over while he was
sleeping. He also couldn`t, quote, itch the lice on his head, or scratch his own back.
Another victim told the police that her mother pulled her hair and choked her as punishment, and that they had to spend about 20 hours per day inside
their rooms, only coming out to use the toilet or eat a meal standing up.
[18:15:00] David and Louise Turpin are charged with 40 counts of torture and false imprisonment, they are being held on $12 million bond and not
between them. That is each. $12 million each, 24 if you tally it.
Attacked in her own home with a shovel, 10 years ago. The case of who attacked Brittani Marcell was going cold. What cracked it open though,
well, that is a whole other story, and it is very outside the box.
[18:20:00] (COMMERCIAL BREAK)
BANFIELD: For eight years it was a cold case, a trauma that she was just going to have to live with. 17-year-old Brittani Marcell had been attacked
in her own home after school by somebody who used a shovel. That somebody beat her senseless, left her in a coma and disappeared without a trace or
so they thought. Until they found one curious little drop of blood at the scene on the glass window. That same window through which he made his
escape. Brittani`s brain damage was so severe she could not remember the attack, much less who her attacker was.
And this is how she was left. This is the scene of Brittani after that attack. So that little itty-bitty drop of blood from the guy who did this
to her, well it turned out to be really, really big in terms of importance, but it also sat virtually worthless in the evidence room. All of that
changed though about a half decade later when a new detective suggested something a little unorthodox, hypnosis. That is what you`re looking at.
Brittani went for it. And then Brittani started to remember.
(BEGIN VIDEO CLIP)
BRITTANI MARCELL, VICTIM: He is hurting me?
UNIDENTIFIED MALE: Did he say anything?
MARCELL: Yes.
(END VIDEO CLIP)
BANFIELD: Two years into her treatment, and Brittani recalled the name. This guy. Justin Hansen, a contact she actually had in her phone. He was
an older boy who reportedly worked in the same mall, and used to drop by and visit her from time to time. And when police went to find him, there
he was, a father with his kids in the car at the grocery store where they made the arrest.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: You`re wanted for some stuff. Ok?
UNIDENTIFIED MALE: I didn`t do anything wrong though.
UNIDENTIFIED MALE: I`m sick, I`m like throwing up. I don`t know what the hell is going on right now. What`s going on? I don`t know what the hell
is going on.
UNIDENTIFIED MALE: Let them explain it to you.
UNIDENTIFIED MALE: I don`t understand what`s going on right now.
(END VIDEO CLIP)
BANFIELD: Hansen refused to give police a DNA sample to compare to that single itty-bitty drop of blood. So they trailed that guy. And they
trailed him as he went to a local McDonald`s, and they trailed him as he grabbed a cup, and they trailed him as he tossed that cup away. And
wouldn`t you know it? When they tested that cup, they got themselves a perfect match.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Look at her, Justin. You did this to her.
UNIDENTIFIED MALE: I didn`t do that.
UNIDENTIFIED FEMALE: You did this to her.
UNIDENTIFIED MALE: I didn`t do that to her.
UNIDENTIFIED FEMALE: It`s 100 percent match. You can deny it all you want. I know it`s you now.
(END VIDEO CLIP)
BANFIELD: Mr. Hansen is now facing 18 years behind bars, but he still insists that he didn`t do it. And if he did, here`s the weird part, the
motive is still completely unclear to everyone, including Brittani. Joining me now is one very brave young woman, Brittani Marcell, the victim
in that shovel attack. Also joining me to discuss what happened, David Waymire (ph), the prosecutor, and Dr. Lisa Palmer is a hypnotherapist. She
is going to walk me through this. Defense attorney Joey Jackson, also to help me navigate some of the legal issues here. Brittani, I`m just so
astounded at your case and how it transpired, and that how far you have come. How much of the attack that you at one time didn`t remember at all
do you now remember?
MARCELL: I simply remember him coming into the house that day -- or coming behind me and beating me traumatically. I remember most of that.
BANFIELD: You actually do remember the beating that you received at the hands of that -- with the shovel? I mean, you remember that happening now?
MARCELL: Right. I was actually at my church. We had a women`s conference going on in October of, I think, of `16 or `17. And so I went. And when
the lady was giving us 10 to 15 minutes of thinking about some things, that memory came back.
[18:25:06] And the lady next to me, a good friend, she goes, are you OK, Brittani, I was like I think so. And I thought this would have come back
more traumatic than anything. And thank the lord it didn`t, but I remember that beating of that exact day.
BANFIELD: And there`s more to it as well. You had come home from school. And were attacked by this man in your home. And then your mother came home
at the time that he was still there. What happened when your mother walked in?
MARCELL: I was almost -- let`s see, I was unconscious. So I don`t remember her coming in that day, but she came in probably three to four
minutes after the attack had happened. And he threatened her with a butcher knife.
BANFIELD: And she fled and ultimately, as she fled the house, he decided to drop that knife and take off through the window, which left that tell-
tale drop of blood, that the linchpin to the case, this tiny -- we`re looking at it on the screen, this tiny little drop of blood. You, on the
other hand, were left there. And correct me if I`m making any mistakes in this list, but you had a broken left arm, a broken left wrist, multiple
skull fractures, fixed pupils, and minimal brain activity. You were in a coma for ten days after which you emerged. I mean, the pictures that we`re
seeing, and there`s the warning, if you`re squeamish, you are -- I think you`re lucky to be alive. Is that correct?
MARCELL: Right, that is correct. I`ve seen pictures. Jody let me see the picture of me in the hospital. And I asked, is this really me? That is
how traumatic, I mean, that attack was.
BANFIELD: Just unbelievable. Can you tell me what your road to recovery was? There were these six years where this case was cold where you had no
memory at all. What happened in those six years? How did you become the person you are now compared to the person on that gurney in the hospital?
MARCELL: I think, let`s see, after I was out of the hospital, after about -- let`s see, it was September to February of 2009, we moved to Texas for
rehab, rehabilitation. And I had my mom by me non-stop. I mean, she was by me. I had the family support. Even though the majority of my family
was out all out there in New Mexico still, the family love and support, I think, is what got me through -- excuse me -- all of this, even though
rehab. Because when I was checked in there, I was like this is not for me, mom, I was ready to walk out. And so she stayed with me for about a week
and -- about close to a week. And she left. And then I started, you know, trying to figure out who I was and what had happened.
BANFIELD: I mean, just the rehab alone, the list that I have seen, you had to relearn how to read, how to write, how to walk, and how to swallow. I
mean, the amount of rehabilitation you went through just to survive. And, you know, be able to leave that hospital room. And we`re also told that
your medical team covered the mirrors in the hospital so that you would not be able to see your own reflection as it would be too traumatic. There is
this incredible aspect to your case, Brittani. The hypnotism that is underwent, I want to play some more of that so our audience can just see
what the process was like and see what you uncovered in that process. Let`s have a look at it.
(BEGIN VIDEO CLIP)
MARCELL: Don`t know why he is doing that to me.
UNIDENTIFIED MALE: Doing what?
MARCELL: Why he is -- why he has this tape and shovel, or stick or something. I don`t know why.
(END VIDEO CLIP)
BANFIELD: So Lisa Palmer, this is a good time for a hip no therapist and psychotherapist to explain to me how does this work, she is unaware of
anything that transpired during that attack, and then she goes under hypnosis, six years later, and it all starts coming back. How does it
work?
LISA PALMER, PHD, HYPNOTHERAPIST: Well, first of all, Ashleigh, it`s very important to understand how trauma works first so we can then understand
how hypnosis would be beneficial in retrieving these memories. You have to understand that when a trauma happens, the trauma memory is processed
different than regular memory. So the brain is now in survival mode and not in its rational mode. So when you`re doing hypnosis, we`re really
trying to activate some of the neural pathways that were formed and revisiting those pathways that were formed during the time that the trauma
happened and when the memory was encoded.
[18:30:00] And depending on how strong those neural pathways are, we can access the memory more quickly.
BANFIELD: Well, it`s so miraculous to me that that name came back to her. And lo and behold, that match, you know, was a solid match when they went
to track him down. It is fascinating, though, to see Justin Hansen when the police arrive and start questioning him at his home.
You know, they arrive at his home. He`s now, at this point, he`s got kids, he`s got a wife, which is not the case anymore, he`s divorced. But at the
point they get to his home and he`s got the kids and the wife and all the rest and he`s lounging around in his living room, it`s fascinating to hear
his response when they start asking him for the key issue and that is the DNA. Have a look at this.
(BEGIN VIDEOTAPE)
UNIDENTIFIED FEMALE: If you know 100 percent that you were never even in that house, there`s no way that it`s going to match anything.
UNIDENTIFIED MALE: Yeah, yeah.
UNIDENTIFIED FEMALE: OK. So, that way, we can just say, yup, talked to all these people, everyone gave it, you`re excluded, doesn`t match.
UNIDENTIFIED MALE: Yeah.
UNIDENTIFIED FEMALE: They were cooperative and then no one has to come back and talk to you again.
UNIDENTIFIED MALE: Yeah, yeah.
UNIDENTIFIED FEMALE: Does it make sense?
UNIDENTIFIED MALE: It does. Can I just get your card? You know, just to think about everything, talk to my mom or whatever, if they`re like this is
what they normally do, and then come and see you guys.
UNIDENTIFIED FEMALE: Absolutely.
UNIDENTIFIED MALE: Is that OK?
UNIDENTIFIED FEMALE: Yeah. Do you think -- do you think that there`s a reason maybe your DNA would be in the house?
UNIDENTIFIED MALE: No, I don`t think there`s a reason it should be in there.
(END VIDEOTAPE)
BANFIELD: Well, Justin, you go ahead and you talk to your mommy. It`s not going to help you. Because ultimately, the charges that came down on that
man when the DNA was a match, kidnapping, attempted murder, aggravated burglary, aggravated battery, aggravated assault and child abuse.
When we come back after the break, I`ve got a couple of questions for all of you, and that is, how many years is he going to spend behind bars? And
is he admitting to doing this or is he giving us a reason? That`s next.
[18:35:00] (COMMERCIAL BREAK)
BANFIELD: We`re still talking about the 10-year-old cold case of a teenage girl attacked with a shovel that may have been solved through hypnosis.
Because after Brittani Marcell remembered the name of her alleged attacker, police tracked Justin Hansen down and they matched his DNA to the tiny
little drop of blood that was left at the scene.
And now, he`s convicted of burglary and attempted murder. But here`s the weird part, he still insists he didn`t do it. Yet Brittani Marcell, not
buying it.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: (INAUDIBLE) for nine years. It`s never going to stop. Seeing the criminal who almost killed you almost nine years ago, you`re
going to have to face him one day. He may think he`s innocent, but like I said, DNA doesn`t lie.
(END VIDEO CLIP)
BANFIELD: DNA doesn`t lie. That`s why prosecutors had a very good case. David Waymire, as the prosecutor in this case, why a deal? It seems to me
with the drop of blood at the scene, for a guy who really had no business being at that house, it`s a strong enough case. And yet it is a -- it`s a
plea and no contest plea. I`m not going to admit that I`m guilty, but I`ll just take what you`ve got.
And instead of that big long list of all these charges, it`s just attempted murder and aggravated burglary. The question is, why the plea, and how long
could he spend behind bars?
DAVID WAYMIRE, PROSECUTOR, BERNALILLO COUNTY: So the main reasons are the issues with the case. Very common with a case of this age. There had been
evidence that had been inadvertently destroyed by the police department over the course of the investigation.
And then also there was just a single drop of blood that matched to Justin Hansen. All of the other DNA in the house as well as fingerprints on items
like the shovel and some duct tape did actually not match to Justin Hansen.
BANFIELD: He could have faced 50 years, correct, if he had been found guilty on that whole array of charges, he could have faced 50 years. What
is he now looking at when the judge decides to sentence him in this deal?
WAYMIRE: He`s facing up to 18 years in prison.
BANFIELD: Do you think he`ll get all 18? Because he`s not admitting. He`s not taking responsibility. It`s a no contest. You know what, I`ve got kids
at home, I`m going to just take what you have and go home, and I`m an innocent man. Judges want responsibility if they`re going to go light on
you.
WAYMIRE: Exactly. I think the fact that he is not accepting responsibility by doing the no contest plea, and that he`s still maintaining that he
didn`t do it, may very well backfire against him and actually encourage the judge to go on the high end if not the maximum sentence.
BANFIELD: He gave an interview to 20/20. If you want to know how non- contrite he is, just have a listen.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Did you take that shovel and batter Brittani Marcell on the head with it?
[18:40:00] UNIDENTIFIED MALE: No, I did not.
UNIDENTIFIED MALE: You were not in that house?
UNIDENTIFIED MALE: No, I wasn`t.
UNIDENTIFIED MALE: Was it you who jumped through the window?
UNIDENTIFIED MALE: No.
UNIDENTIFIED MALE: Why don`t you fight it?
UNIDENTIFIED MALE: It was hard. It just seems like everything just kind of stacked up against me.
(END VIDEO CLIP)
BANFIELD: Brittani Marcell is still with me on the phone, Mr. Waymire. I do want to ask, because I know you`re a part of the process as well,
prosecutors will involve victims of crimes in the decision-making. Are you OK with this plea and the possibility that the sentence might only be 18
years?
BRITTANI MARCELL, VICTIM OF SHOVEL ATTACK (via telephone): I`m not discussing that at all. I think he should serve literally the rest of his
life for attempted first-degree murder because he`s gone silent for the past almost 10 years after I`ve had to undergo 18 surgeries and still
counting.
And it`s not going to stop. This is going to be lifelong for me after he`s been living his other life staying silent. I don`t think that`s right for
just 18 years max at all. I don`t think that`s agreed upon.
BANFIELD: I feel your pain. The justice system is tricky, it`s not easy to navigate. I will say this, our audience should know, you are amazing. You
have come back from near death, and you have obtained your high school diploma and then graduated college.
So, our hats are off to you as a true hero. And thank God you walk amongst us is all I can say, Brittani. I`m glad Justin Hansen won`t be walking
amongst us for a long time. But I`m glad that you are here and with us, and we should all look to you as a beacon and somebody that we should look up
to and admire and follow.
My thanks to not only Brittani, my thanks to David Waymire as well and Lisa Palmer. Joey Jackson, I`m going to ask you to stay on if you will.
There`s a whole lot more to cover including this. We all know that police are in harm`s way every single day, case in point.
(BEGIN VIDEO CLIP)
(GUNFIRE)
BANFIELD: Unfortunately sometimes they have to use lethal force. But what happens when shots are fired and the suspect is not incapacitated, even
though shot? We`ll show you the resolution to this, next.
(END VIDEO CLIP)
[18:45:00] (COMMERCIAL BREAK)
BANFIELD: Police officers know to be prepared for suspects who just won`t back down. But it is not every day they have to confront one that seemingly
has super human strength.
I want to take you now to East Cleveland where police responded to reports of shots fired. And when they got there, they found a suspect who only got
more violent when he himself was shot. I`m going to warn you, this video is very disturbing, but it is unbelievable.
(BEGIN VIDEOTAPE)
(GUNFIRE)
UNIDENTIFIED MALE: Shots fired! Shots fired! Shots fired! Back up, back up. 3137, headquarters.
UNIDENTIFIED MALE: Come on, come on. Come on, buddy.
UNIDENTIFIED MALE: Gun`s right there. OK. You shot up now?
UNIDENTIFIED MALE: I know. I thought he is down here.
UNIDENTIFIED MALE: Did you hit him?
UNIDENTIFIED MALE: Yeah, stomach.
BANFIELD (voice over): Before that moment, that young man, 29-year-old Ramir Bell had allegedly attacked a woman as she was walking to the bus, a
great-grandmother. And when the police arrived, you can still hear that great-grandmother crying out for help.
UNIDENTIFIED FEMALE: Help me, help me.
UNIDENTIFIED MALE: Where is he? Are you OK?
UNIDENTIFIED FEMALE: I was just walking down the street. And I was on the phone with my mother.
BANFIELD (voice over): Ramir Bell was arrested on charges of assault and kidnapping. And today was awaiting formal charges.
(END VIDEOTAPE)
BANFIELD: Joining me now, Detective Commander Scott Gardner of the East Cleveland Police Department and defense attorney Joey Jackson stays with me
as well.
Commander Gardner, that was unbelievable. Just unbelievable. Especially since we came to learn that that man was shot at close range in the
abdomen. How did he -- A, survived that shot, and B, how was he that violent after being shot?
SCOTT GARDNER, DETECTIVE COMMANDER, EAST CLEVELAND POLICE DEPARTMENT (via telephone): We`re sort of uncertain at this point. I mean, as you can see
from the video, immediately as officers are approaching, he throws off his shirt and immediately engages officers. At this point obviously we`re
suspecting possible narcotics. But we`re still waiting for toxicology.
BANFIELD: And we should also mention that even after being shot at close range, and I`m guessing it was somewhere between five and 10 feet, is that
correct?
GARDNER (via telephone): Yes, that is correct.
BANFIELD: He was still able to injure, allegedly injured two of the officers or more?
GARDNER (via telephone): Two of the officers sustained pretty good injuries. One officer received -- was actually punched in the face, pretty
much upon arrival.
[18:50:01] He has a fractured eye orbit -- a term I`m not really familiar with. And the other officer actually sustained a broken hand.
BANFIELD: I just want to play that moment again so that now that we know he was shot in the abdomen from that close range, you can see how
incredible his reaction is. Let`s play that again.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: Down.
(GUNFIRE)
UNIDENTIFIED MALE: Shots fired. Shots fired, shot`s fired. Back up, back up. 3137, headquarters, send EMS.
UNIDENTIFIED MALE: Come on, come on. Come on, buddy.
BANFIELD (voice over): Joey Jackson, as an attorney, does it even matter whether, you know, drugs were involved when you`ve got all of this on body
cam?
JOEY JACKSON, CRIMINAL DEFENSE ATTORNEY, CNN AND HLN LEGAL ANALYST (voice over): It won`t matter. And I think people will take to task the shooting
to begin with.
(END VIDEOTAPE)
JACKSON: I think any force needs to be proportionate to threats posed. He was running after the police officers, nothing in his arms. That is going
to be of issue. But at the end of the day, you don`t attack police, you don`t fight police. This is the end result of it, most unfortunately.
BANFIELD: Let`s also just to remind everyone that the original call was because he had attacked a great-grandmother. He didn`t even know her. She
didn`t know him. She was walking down the street and she was badly assaulted on the street. So just an incredible story.
Detective Commander Scott Gardner, thank you so much for being with us. Joey Jackson, I`m going to ask you to stay. Tonight, there is another piece
of video that has us just -- it`s just jaw dropping. A Massachusetts jogger, thank God she`s safe, but she had to fight off a would be rapist
and kidnapper, all of it in broad daylight and on tape.
The 37-year-old jogger told police she was just running on Sunday morning when she noticed a car pull over and then saw the driver jump out of the
car. And then he tried to grab her. She says the attacker ran towards her, grabbed her by the arms, dragging her. Witnesses say she was screaming,
fighting him off, they both fell to the ground.
But then he jumped up and took off, sped away in his car. Somehow after what that jogger had been through, she still managed to snap a picture of
his license plate. So a short time later, the police were able to find him in a wrecked out car and were able to pick him up.
Tuesday morning, this was his arraignment. Yes, the accused rapist with his lawyer, holding a sheet over his face in a hospital room. Bridgewater cops
charged him with assault and kidnapping. And you can hide, but you can`t run. Because we`re going to get a mug shot pretty soon, any day. And there
will be no sheet covering the mug shot.
Rape also happens to be the topic of this Sunday`s episode of HLN`s original series "Inside Evil" with Chris Cuomo. Despite the growing
attention on sexual assault, an alarming number of rapes go unpunished. More than 98 percent of the time, the perpetrator never spends a single day
in prison.
This week, Chris hears first hand accounts of rape survivors and examines what hurdles they face just to get some justice.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE (voice over): An October day in 2002. Julie had just picked up her daughter from the church`s daycare. She had her 8-month-old
son Peter with her as well.
UNIDENTIFIED FEMALE: Then we stopped to talk to a friend. And, you know, I was standing up talking to her with my back exposed. I was buckling my son
in. And the second she left, I could still see the tail lights, somebody rushed me from behind and hit me over the head. I thought I was being hit
by a brick because it hurt so much.
UNIDENTIFIED MALE (voice over): Her young daughter Emily tried to run away. But the man grabbed her and threw her into the car. He forced Julie
into the van as well, holding a knife to her throat.
UNIDENTIFIED FEMALE: He said, do you believe in God? And when I said yes, he said then you`re going to forgive me for what I`m about to do to you and
to your two kids. And at that moment, my heart sunk, because all of the sudden, I flew into the fact he doesn`t want my purse, he does not want my
mini van, he wants to do something to us.
(END VIDEOTAPE)
[18:55:00] (COMMERCIAL BREAK)
BANFIELD: One more thing for you tonight. We have seen robbers do a lot of crazy things to break in and (INAUDIBLE) business. But slithering across
the floor to avoid setting off the motion sensors, well, that`s a first. The owners of Houston Smoking Glass smoke shop are asking for your help
tonight to find this guy.
They say he broke in about 3:00 in the morning on Saturday, helping himself to the cash register and the cash that was inside it, as well as about
$1,000 worth of their merchandise. And they`re also asking if anybody knows who he is. And if you do, would you please call the police?
[19:00:00] Give him a hand. But that sure does make for some good TV, doesn`t it? Slithering robber.
Next hour of "Crime and Justice" right now.
(BEGIN VIDEOTAPE)
BANFIELD (voice-over): Tonight the hunt for a killer.
UNIDENTIFIED FEMALE: Turn yourself in. You took something precious away from us.
BANFIELD: After a beautiful teen mom was found killed in a car crash.
UNIDENTIFIED FEMALE: Why would they want to take my sister away from our family?
BANFIELD: Only, it wasn`t the crash that killed her.
UNIDENTIFIED MALE: Her getting hurt like that, it hurts me. You know, that`s my daughter.
BANFIELD: She reportedly had been shot in the head.
UNIDENTIFIED FEMALE: We don`t know at what point the shooting occurred.
BANFIELD: So who left this 17-year-old riddled with bullets?
UNIDENTIFIED FEMALE: They don`t have no clue about who did it.
BANFIELD: And what will they tell her 3-year-old daughter?
UNIDENTIFIED FEMALE: She asks for her. She goes mommy this morning when she woke up, she didn`t want to take off her clothes. Mommy put me this.
UNIDENTIFIED FEMALE: You may think he`s innocent. But like I said, DNA doesn`t lie.
BANFIELD: Brain damaged six years, and no memory of who beat her with a shovel. Then she was hypnotized. And she remembered her attacker.
UNIDENTIFIED MALE: And Brittany remembered the name of Justin Hansen.
BANFIELD: He insists he didn`t do it.
UNIDENTIFIED MALE: You are wanted for some stuff, OK?
UNIDENTIFIED MALE: I didn`t do anything wrong.
BANFIELD: But he is headed to jail soon, thanks to hypnosis.
UNIDENTIFIED MALE: I`m sick. I`m like flowing up. I don`t know what the hell is going on right now.
BANFIELD: And a single drop of blood.
UNIDENTIFIED FEMALE: You did this to her. It is 100 percent match.
BANFIELD: Still, the motive is a mystery.
UNIDENTIFIED MALE: Did he say anything?
UNIDENTIFIED FEMALE: Yes.
(END VIDEO CLIP)
BANFIELD: Good evening, everyone. I`m Ashleigh Banfield.
Welcome to CRIME & JUSTICE.
Tonight, Los Angeles police are on the hunt for a killer after a 17-year- old girl was found dead in a car crash. This was not your average car crash. The paramedics were called to the neighborhood in the middle of the
night when Kayla Huerta`s sedan had slammed into a cinder block wall.
Inside, they found the dead high schooler. But this high school girl was also a mother to a 3-year-old child. And this teenager was just about to
turn 18 in a couple of months. And what seemed like a fatal car crash quickly turned into something far more sinister, a murder case. Because
first responders made a shocking discovery. Kayla had not been killed in that crash. She was reportedly riddled with bullets, including a shot to
the head from someone who is now on the run.
(BEGIN VIDEO CLIP)
YOLANDA GONZALEZ, VICTIM`S GRANDMOTHER: Turn yourself in. You took something precious away from us. And not just the family, her daughter.
That`s all we have now is her little girl.
(END VIDEO CLIP)
BANFIELD: Kayla`s family says she was planning to go to a trade school to get a good job and care for that little daughter. But tonight that little
girl is motherless. And breaking the news to that little girl is breaking the family`s heart.
(BEGIN VIDEO CLIP)
GONZALEZ: She`s everybody`s -- what`s going on? But we can`t tell her. She`s too small. She just -- she asks for her. She goes mommy this
morning when she woke up. Her mom got her dressed and she didn`t want to take off her clothes she was wearing because its mommy put me this.
(END VIDEO CLIP)
BANFIELD: Joining me now, Tom Perumean, reporter for KTAR Radio, also retired FBI special agent Bobby Chacon is with me. Joseph Scott Morgan, a
certified death investigator and professor of forensic at Jacksonville State University. He is here. And defense attorney Joey Jackson is still
with us as well.
Tom, let me begin with you, are they close to finding the person who did this?
TOM PERUMEAN, REPORTER, KTAR NEWS 92.3 (on the phone): LAPD does not have a suspect. There is reports that they are looking for some kind of male
individual that may have been seen or more likely heard running from the scene 2:30 Monday morning. But they have been very tight lipped on any
details after that.
BANFIELD: Do you have any idea where she was in the car? And I only say that because I`m curious if she was driving, if she was a passenger, or if
she was in the backseat. Because all of those scenarios could say something different.
PERUMEAN: We really don`t know. That`s another thing that LAPD has been kind of tight lipped on. We, of course, would assume she was behind the
wheel of the car, and that whoever did this to her, potentially shot her and then left from the vehicle and that vehicle was left to roll downhill,
down west Sepulveda Street and collide with that cinder block wall.
BANFIELD: So they age got the accident site or at least the crash site with the dead teenage mother inside that car. Do they know where the
actual crime happened, where she was shot, like in the car, before the car was rolling, or somewhere else completely?
[19:05:14] PERUMEAN: Well, once again, LAPD has been keeping a very, very tight lip on this one. This -- this is the third murder in a week in that
area of San Pedro and the fourth in the last 30 days.
BANFIELD: Is that connected? Is it just because it`s a -- is it a high- crime place normally? Do they think that those crimes have anything to do with this crime? Or is it sort of mysterious?
PERUMEAN: Well, actually, no. You know, there`s a lot of bad down in the L.A. harbor area. And that`s usually what`s called lower San Pedro right
next to the community of Wilmington. But where this took place on the bluff above the harbor where Kayla Huerta met her end, that`s a tight knit
community of old homes and mid-century apartments.
I have got family up there. I grew up just a little bit of a distance away from there. So I have got family and a lot of friends up there. This is a
very tight knit community of Portuguese, Latino, Armenian, Italian. And they all used to be fishermen, or work in the fishing industry. Now they
all work on the docks. But once again, this is a very tight community. And it`s right off San Pedro`s main drag. It`s a hilly community
overlooking to the harbor. And things like that just normally do not happen.
BANFIELD: Well, her family, and you can see the grieving that is going on for this. I mean, a 17-year-old mother of a 3-year-old, that the tragedy,
the family members that she leaves behind, the friends that she leaves behind. This family is at a complete loss for who could be behind this.
Just listen to her grandmother.
(BEGIN VIDEO CLIP)
GONZALEZ: We have no idea, no clue, no nothing. When we got the -- when I got the call I was so -- I don`t have no clue about who did it. They
wanted to know who her friends are, who she hangs out with, not even a dream, a nightmare. She wanted to show her daughter better in life. She
goes, I`m going to go to school. And I`m going to accomplish something.
(END VIDEO CLIP)
BANFIELD: You know, the tragedy that Kayla leaves behind is not just that little baby, that 3-year-old, Kayla has young siblings because Kayla`s only
17. She has young siblings. And that is just an extraordinary ordeal for not only the loss the baby is suffering, but these little sisters. This is
Jasmine talking about how much she is going to miss her big sister.
(BEGIN VIDEO CLIP)
JASMYNE, VICTIM`S SISTER: I just feel like this is a dream because me and my sister always had plans together. And I just don`t want her to go. But
she has already gone. And I know she is always going to be here for me, and she always had my back no matter what. I`m just going to miss her
very, very much.
(END VIDEO CLIP)
BANFIELD: Joseph Scott Morgan is a certified death investigator. And this is just mystifying. There`s a teenage girl in a wrecked out car. We`re
not told where she is in the car. I think it`s critical. We just know there`s gunshots, and not random. There`s gunshots to the head. Does that
help you to sort of go in a direction for this investigation?
JOSEPH SCOTT MORGAN, CERTIFIED DEATH INVESTIGATOR: Yes, actually it does. And let`s think about the scene that we know so far. This is a portable,
portable crime scene we have where this car is impacted the wall. And based upon the photos I`ve seen, it doesn`t appear to be like a high-speed
impact type of event. They are talking about this thing free rolling. What`s going to be key here is that if there was a perpetrator within the
cockpit of that car, this is an evidence-rich environment, semiautomatic weapon potentially, you might have spent shell casings, gunshot residue,
and not to mention touch DNA that`s in here.
BANFIELD: Yes, touch DNA. That`s a great point. That`s if, by the way, that is if anything happened in that car.
MORGAN: Within the cabin of the car.
BANFIELD: Right. Because who knows? She might have been shot -- killed, you know, killed somewhere else and then dumped in the car and then the car
might have been rolled to a different scene.
MORGAN: Right. And one of the things that they will be looking at is to see if the bullets actually pass through the glass. And they will be able
to determine that because the way the glass actually fractures if it was blown in.
But you know, the fact that she was shot in the head this gives me an indication this might be a close in kind of event.
BANFIELD: Well, then, you will have spatter. You will have gunshot residue. All of that as well.
Bobby Chacon, you know, the FBI has many tactics that they can employ in a mysterious scene. What`s the first one right now?
BOBBY CHACON, RETIRED FBI SPECIAL AGENT: Well, as the professor said, the first one is forensics. And you are going to glean as much as you can from
the forensics.
But I was a gang investigator in New York City. And you are going to do the same old traditional talk to the family, talk to the friends. This was
the mother of a 3-year-old that`s tragic. But remember, she`s also a teenager.
Teenagers tend to talk and gossip with each other a lot more than when we do when we get older. And so, who she was hanging out with recently, who
she was spending time with, who may -- she may have been arguing with or a potential boyfriend, could have been arguing with. So, you know, they are
going to canvass their sources. I`m sure that the gang investigator is in that neighborhood and the patrol officers that know the people in that
neighborhood, I`m sure they`re canvassing all their sources. They are trying put their ear to the ground, someone will know something about this.
This doesn`t seem like it can be just an isolated incident.
If the family doesn`t know, for example, this was a boyfriend traveling in the car with her, if it`s an unknown person, then someone else is going to
know something. Someone`s going to talk and you just have to get out in the community and work your sources and talk to people. And eventually
develop the information that`s then going to match up with the forensics that are going to be so important at the crime scene.
[19:11:02] BANFIELD: I think you just hit the nail on the head, teenagers talk, they talk and they talk and day type and they hit send and they post.
And they broadcast. And there`s a lot of information that could be out there. But the worrisome thing you said is that there is a gang element
possibly in that community.
And, you know, gangs have very strict codes about talking. By the way, the community itself, you know, Tom, just mentioned that in San Pedro there
have been, god, three homicides in seven days, four in a month. So some of the residents have talked about how nerve racking this is, and what it`s
like right now in that community. Have a look.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: There`s three or four shootings in the last couple weeks in San Pedro. I like to walk on this street. I don`t want to be
scared.
It`s getting worse here, especially and nobody`s doing anything about it.
(END VIDEO CLIP)
So Joey, listen, it`s not always easy to just fan out and get people to talk, or to access their social media, or get their cell phones. Those
take warrants. Those take probable cause. Those take a judge to sign off on it. But I can only imagine that this is probably a great direction to
go. Again, because bobby said, teens talk.
JOEY JACKSON, CNN LEGAL ANALYST: A thousand percent. And remember, if it`s her cell phone, then of course you can get the family`s permission,
look at the cell phone, look at her social media blueprint without the necessity for warrants or anything else. And that`s going to show you
whether or not there was familiarity here. And what is of interest to me, I`m sure it`s of interest to all of us is whether or not it is random on
the one hand, or it is something that`s very familiar, which social media will tell because that blueprint will put together our friends, will put
together enemies, put together who if anyone was looking for her.
BANFIELD: The randomness is a very good point.
So Joe Morgan, the issue of where she is in the car, they are not telling us, right.
MORGAN: Right.
BANFIELD: I get it. I get that they have to keep a lot of that stuff under the vest. If she`s in the driver`s seat, and let`s say there isn`t
close quarters, there is no GSR, there is no gunshot residue in the car and that maybe this is a drive-by and maybe this is a young woman in the wrong
place at the wrong time, there is still this idea that her family didn`t even know she was out that night and it was the middle of the night.
MORGAN: Yes, and she`s got the small child at home.
BANFIELD: And she`s got a 3-year-old.
MORGAN: All this dynamic is going on. But again we come back to if it was a random event and she was just shot from someone outside of the car, there
will be specific evidence to that. But again, going back to the interior of that car, it is going to be an absolute just treasure-trove.
BANFIELD: A trove.
MORGAN: Of physical evidence in there.
BANFIELD: Tom, do we know anything about the 3-year-old at this point? Do we know like who is looking after the 3-year-old? Have they even told the
3-year-old the news that they`ve been holding back for so long, that her mom is not coming home?
PREUMEAN: We know that the 3-year-old had stayed with the grandmother over in the community of Wilmington on the night that this took place.
Apparently the family had a little gathering for father`s day, and that the little child was staying at the grandmother`s in Wilmington.
Now, they had said, of course, in one of the cuts that they haven`t, you know, been able to tell the 3-year-old little girl that her mother is gone.
So we don`t know if they have -- if they have gotten to -- if they have been able to, you know, either work up the courage or work up an angle
about how they`re going to explain that this little girl`s mother is not coming back.
I would like to add that Jason Huerta, this is Kayla`s father, he was quoted, I believe, in one of the local newspapers in saying that he
believes that, in fact, this is gang bang stuff, that`s a quote from him. And his other quote was these little kids got guns and they want to go
shoot everything. So, you know, obviously somebody thinks about where this -- where this is coming from in the community of San Pedro.
BANFIELD: God forbid that they thought, you know, shooting a 17-year-old mother of a 3-year-old would get them any props on the street. And
hopefully it is an evidence-rich environment.
My thanks to all of you, Tom Preumean and Bobby Chacon and Joseph Scott Morgan, thank you. And Joey Jackson, I`m going to ask you stick around if
you will.
Ten years ago she was attacked in her home with a shovel, nearly killed. The case of who did this to Brittani Marcell was on hold until something
amazing happened. That`s next.
(COMMERCIAL BREAK)
[19:20:17] BANFIELD: For eight years it was a cold case, a trauma that she was just going to have to live with. 17-year-old Brittani Marcell had been
attacked in her own home after school by somebody who used a shovel. That somebody beat her senseless, left her in a coma and disappeared without a
trace or so they thought. Until they found one curious little drop of blood at the scene on the glass window. That same window through which he
made his escape. Brittani`s brain damage was so severe she could not remember the attack, much less who her attacker was. And this is how she
was left.
This is the scene of Brittani after that attack. So that little itty-bitty drop of blood from the guy who did this to her, well it turned out to be
really, really big in terms of importance. But it also sat virtually worthless in the evidence room. All of that changed though about a half
decade later when a new detective suggested something a little unorthodox, hypnosis. And that`s what you`re looking at. Brittani went for it. And
then Brittani started to remember.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: He is hurting me.
UNIDENTIFIED MALE: Did he say anything?
UNIDENTIFIED FEMALE: No.
(END VIDEO CLIP)
BANFIELD: Two years into her treatment, and Brittani recalled the name. This guy, Justin Hansen, a contact she actually had in her phone. He was
an older boy who reportedly worked in the same mall, and used to drop by and visit her from time to time. And when police went to find him, there
he was, a father with his kids in the car at the grocery store where they made the arrest.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: You`re wanted for some stuff. OK?
UNIDENTIFIED MALE: I didn`t do anything wrong though.
UNIDENTIFIED MALE: I`m sick, I`m like throwing up. I don`t know what the hell is going on right now. What`s going on? I don`t know what the hell
is going on.
UNIDENTIFIED MALE: Let them explain it to you.
UNIDENTIFIED MALE: I don`t understand what`s going on right now.
(END VIDEO CLIP)
BANFIELD: Hansen refused to give police a DNA sample to compare to that single itty-bitty drop of blood. So they trailed that guy. And they
trailed him as he went to a local McDonald`s, and they trailed him as he grabbed a cup, and they trailed him as he tossed that cup away. And
wouldn`t you know it? When they tested that cup, they got themselves a perfect match.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Look at her, Justin. You did this to her.
UNIDENTIFIED MALE: I didn`t do that.
UNIDENTIFIED FEMALE: You did this to her.
UNIDENTIFIED MALE: I didn`t do that to her.
UNIDENTIFIED FEMALE: It`s 100 percent match. You can deny it all you want. I know it`s you now.
(END VIDEO CLIP)
BANFIELD: Mr. Hansen is now facing 18 years behind bars, but he still insists that he didn`t do it. And if he did, here`s the weird part, the
motive is still completely unclear to everyone, including Brittani.
Joining me now is one very brave young woman, Brittani Marcell, the victim in that shovel attack. Also joining me to discuss what happened, David
Waymire, the prosecutor, and Dr. Lisa Palmer is a hypnotherapist. She is going to walk me through this. Defense attorney Joey Jackson, also to help
me navigate some of the legal issues here.
Brittani, I`m just so astounded at your case and at how it transpired, and that how far you have come. How much of the attack that you at one time
didn`t remember at all do you now remember?
BRITTANI MARCELL, VICTIM OF SHOVEL ATTACK (on the phone): I simply remember him coming into the house that day -- or coming behind me and
beating me traumatically. I remember most of that.
BANFIELD: You actually do remember the beating that you received at the hands of that -- with the shovel? I mean, you remember that happening now?
MARCELL: Right. I was actually at my church. We had a women`s conference going on in October of, I think, of 2016 or 2017. And so I went. And when
the lady was giving us ten to 15 minutes of thinking about some things, that memory came back. And the lady next to me, a good friend, she goes,
are you OK, Brittani, I was like I think so. I thought this would have come back more traumatic than anything. And thank the lord it didn`t. But
I remember that beating of that exact day.
[19:25:01] BANFIELD: And there`s more to it as well. You had come home from school and were attacked by this man in your home. And then your
mother came home at the time that he was still there. What happened when your mother walked in?
MARCELL: I was almost -- let`s see, I was unconscious. So I don`t remember her coming in that day. But she came in probably three to four
minutes after the attack had happened. And he threatened her with a butcher knife.
BANFIELD: And she fled and ultimately, as she fled the house, he decided to drop that knife and take off through the window, which left that tell-
tale drop of blood, the linchpin to the case, this tiny -- we`re looking at it on the screen, this tiny little drop of blood. You, on the other hand,
were left there.
And correct me if I`m making any mistakes in this list, but you had a broken left arm, a broken left wrist, multiple skull fractures, fixed
pupils, and minimal brain activity. You were in a coma for ten days after which you emerged. I mean, the pictures that we`re seeing, and there`s the
warning, if you`re squeamish, you are -- I think you are lucky to be alive. Is that correct?
MARCELL: Right, that is correct. I have seen pictures. Jody let me see the picture of me in the hospital. And I asked, is this really me? And
that`s how traumatic, I mean, that attack was.
BANFIELD: Just unbelievable. Can you tell me what your road to recovery was? There were these six years where this case was cold where you had no
memory at all. What happened in those six years? How did you become the person you are now compared to the person on that gurney in the hospital?
MARCELL: I think, let`s see, after I was out of the hospital, after about -- let`s see, it was September to February of 2009, we moved to Texas for
rehab, rehabilitation. And I had my mom by me non-stop. Like she -- I mean, was by me. I had the family support. Even though the majority of my
family was all out there in New Mexico still, the family love and support, I think, is what got me through all of this, even through a rehab. When I
was checked in there, I was like this is not for me, mom, I was ready to walk out.
And so she stayed with me for about a week and -- about close to a week. And she left. And then I started, you know, trying to figure out who I was
and what had happened.
BANFIELD: I mean, just the rehab alone, the list that I have seen, you had to relearn how to read, how to write, how to walk, and how to swallow. I
mean, the amount of rehabilitation you went through just to survive. And, you know, be able to leave that hospital room. And we`re also told that
your medical team covered the mirrors in the hospital so that you would not be able to see your own reflection as it would be too traumatic.
There is this incredible aspect to your case, Brittani. The hypnotism that you underwent, I want to play some more of that so our audience can just
see what the process was like and see what you uncovered in that process. Let`s have a look at it.
(BEGIN VIDEO CLIP)
MARCELL: Don`t know why he`s doing that to me.
UNIDENTIFIED MALE: Doing what?
MARCELL: Why he`s -- why he has this tape and shovel or stick or something. I don`t know why.
(END VIDEO CLIP)
BANFIELD: So Lisa Palmer, this is a good time for a hypnotherapist and psychotherapist to explain to me how does this work, she is unaware of
anything that transpired during that attack, and then she goes under hypnosis six years later, and it all starts coming back. How does it work?
LISA PALMER, PHD., HYPNOTHERAPIST: Well, first of all, Ashleigh, it`s very important to understand how trauma works first so we can then understand
how hypnosis would be beneficial in retrieving these memories. You have to understand that when a trauma happens, the trauma memory is processed
different than regular memory. So the brain is now in survival mode and not in its rational mode. So when you`re doing hypnosis, we`re really
trying to activate some of the neural pathways that were formed and revisiting those pathways that were formed during the time that the trauma
happened and when the memory was encoded. And depending on how strong those neuropath ways are, we can access the memory more quickly.
[19:30:01] BANFIELD: Well, it`s so miraculous to me that that name came back to her. And lo and behold, that match, you know, was a solid match
when they went to track him down.
It is fascinating, though, to see Justin Hansen when the police arrive and start questioning him at his home. You know, they arrive at his home, he`s
now -- at this point, he`s got kids, he`s got a wife, which is not the case anymore, he`s divorced, but at the point they get to his home and he`s got
the kids and the wife and all the rest, he`s lounging around in his living room, it`s fascinating to hear his response when they start asking him for
the key issue, and that is the DNA. Have a look at this.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: If you know 100 percent that you were never even in that house, there`s no way that it`s going to match anything.
JUSTIN HANSEN, DEFENDANT: Yes, yes.
UNIDENTIFIED FEMALE: OK. So, that way we can just say, yes, talk to all these people, everyone gave it, you`re excluded, doesn`t match.
HANSEN: Yes, yes.
UNIDENTIFIED FEMALE: They were cooperative and then no one has to come back and talk to you again.
HANSEN: Yes, yes.
UNIDENTIFIED FEMALE: Does it make sense?
HANSEN: It does. Can I get your card, though? (INAUDIBLE) You know, just so I think about everything, talk to my mom, or whatever, if they`re like,
yes, this is what they normally do, (INAUDIBLE) and just come and see you guys.
UNIDENTIFIED FEMALE: Absolutely.
HANSEN: Is that OK?
UNIDENTIFIED FEMALE: Yes. Do you think --do you think that there`s a reason maybe your DNA would be in the house?
HANSEN: No, I don`t think there`s a reason it should be in there.
(END VIDEO CLIP)
BANFIELD: Well, Justin, you go ahead, you talk to your mommy. It`s not going to help you because ultimately the charges that came down on that man
when the DNA was a match, kidnapping, attempted murder, aggravated burglary, aggravated battery, aggravated assault and child abuse. And when
we come back after the break, I`ve got a couple of questions for all of you, and that is, how many years is he going to spend behind bars? And is
he admitting to doing this or is he giving us a reason? That`s next.
[19:35:00] (COMMERCIAL BREAK)
BANFIELD: We`re still talking about the 10-year-old cold case of a teenage girl attacked with a shovel that may have been solved through hypnosis.
Because after Brittani Marcell remembered the name of her alleged attacker, police tracked Justin Hansen down, and they matched his DNA to the tiny
little drop of blood that was left at the scene. And now, he`s convicted of burglary and attempted murder. But here`s the weird part, he still
insists he didn`t do it. Yet, Brittani Marcell, not buying it.
(BEGIN VIDEO CLIP)
BRITTANI MARCELL, VICTIM OF SHOVEL ATTACK: He`s (INAUDIBLE) through for nine years. It`s going to -- it`s never going to stop. Seeing the
criminal who almost killed you almost nine years ago, well, you`re going to have to face him one day. He may think he`s innocent, but like I said, DNA
doesn`t lie.
(END VIDEO CLIP)
BANFIELD: DNA doesn`t lie and that`s why prosecutors had a very good case. David Waymire, as the prosecutor in this case, why a deal? It seems to me,
with the drop of blood at the scene, for a guy who really had no business being at that house, it`s a strong enough case. And yet it is a -- it`s a
-- it`s a plea, a no contest plea. I`m not going to admit that I`m guilty, but I`ll just take what you`ve got. And instead of that big long list of
all those charges, it`s just attempted murder and aggravated burglary. The question is, why the plea and how long could he spend behind bars?
DAVID WAYMIRE, PROSECUTOR, BERNALILLO COUNTY: So, the main reasons are the issues with the case, and -- it`s very common with a case of this age.
There`d been evidence that had been inadvertently destroyed by the police department over the course of the investigation. And then also there was
just a single drop of blood that matched to Justin Hansen. All of the other DNA in the house, as well as fingerprints on items like the shovel
and some duct tape did actually not match to Justin Hansen.
(CROSSTALK)
BANFIELD: He could have faced 50 years, correct? If he had been found guilty on that whole array of charges, he could have faced 50 years, but
what is he now looking at when the judge decides to sentence him in this -- in this deal?
WAYMIRE: He`s facing up to 18 years in prison.
BANFIELD: Do you think he`ll get all 18? Because he`s not admitting. He`s not taking responsibility. He`s -- it`s a no contest. It`s -- you
know what, I`ve got kids at home, I`m going to just take what you have and go home, and I`m an innocent man. And judges, they want responsibility if
they`re going to go light on you.
WAYMIRE: Exactly. I think the fact that he is not accepting responsibility by doing a no contest plea, and that he`s still maintaining
that he didn`t do it, will -- may very well backfire against him and actually encourage the judge to go on the high-end if not the maximum
sentence.
BANFIELD: You know, he gave an interview to "20/20", and if you want to know how non-contrite he is, just have a listen.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Did you take that shovel and batter Brittani Marcell on the head with it?
HANSEN: No, I did not.
UNIDENTIFIED MALE: You were not in that house?
HANSEN: No, I wasn`t.
UNIDENTIFIED MALE: Was it you who jumped through the window?
HANSEN: No.
UNIDENTIFIED MALE: So, why don`t you fight it?
HANSEN: It was hard. It just seems like everything just kind of stacked up against me.
(END VIDEO CLIP)
BANFIELD: Brittani Marcell is still with me on the phone, Mr. Waymire, and I just -- I do want to ask, because I know that you`re a part of it, the
process as well, prosecutors will involve victims of crimes in the decision-making. Are you OK with this plea and the possibility that the
sentence might only be 18 years?
[19:40:13] MARCELL: I`m not -- I`m not discussing that at all. Like, I think he should serve literally the rest of his life for attempted first-
degree murder because he`s gone silent for the past almost 10 years after I`ve had to undergo 18 surgeries and still counting, and it`s not going to
stop. Well, like, this is going to be lifelong for me. After he`s been living his other life staying silent? Like, I don`t think that`s right for
just 18 years max at all. I don`t think that`s agreed upon.
BANFIELD: I feel your pain. The justice system is tricky, it`s not easy to navigate. I will say this, our audience should know, you are amazing.
You have come back from near death, and you have obtained your high school diploma, and then graduated college, so our hats are off to you as a true
hero. And thank God you walk amongst us, is all I can say, Brittani. I`m glad Justin Hansen won`t be walking amongst us for a long time, but I`m
glad that you are here and with us and we should all look to you as a beacon and somebody that we should look up to and admire and follow.
My thanks to -- not only Brittani, my thanks to David Waymire as well and Lisa Palmer. Joey Jackson, I`m going to ask you to stay on if you will.
There`s just a whole lot more to cover, and including this. We all know that police are in harm`s way every single day, case in point.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED MALE: (INAUDIBLE)
(END VIDEO CLIP)
BANFIELD: Unfortunately, sometimes they have to use lethal force. But what happens when shots are fired and the suspect is not incapacitated,
even though shot? We`ll show you the resolution to this next.
(COMMERCIAL BREAK)
[19:46:51] BANFIELD: Police officers know to be prepared for suspects who just won`t back down. But it is not every day they have to confront one
that seemingly has super human strength. I want to take you now to East Cleveland where police responded to reports of shots fired. And when they
got there, they found a suspect who only got more violent when he himself was shot. I`m going to warn you, this video is very disturbing but it is
unbelievable.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Shots fired. Oh, (BLEEP) 37 headquarters, shots fired, shots fired. Back up, back up. (INAUDIBLE)
UNIDENTIFIED MALE: Come on, move. Come on. Come on, buddy.
UNIDENTIFIED MALE: Gun`s right there.
UNIDENTIFIED MALE: OK. You shot (INAUDIBLE)
UNIDENTIFIED MALE: We need supervisor.
UNIDENTIFIED MALE: I know I cut him (INAUDIBLE).
UNIDENTIFIED MALE: Did you hit him?
UNIDENTIFIED MALE: Yes, stomach.
(END VIDEO CLIP)
BANFIELD: Before that moment, that young man, 29-year-old Rameer Bell (ph) had allegedly attacked a woman as she was walking to the bus, a great
grandmother. And when the police arrived you can still hear that great- grandmother crying out for help.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Help me, help me.
UNIDENTIFIED MALE: Where is he? Are you OK?
UNIDENTIFIED FEMALE: I was just walking down the street and I was on the phone with my mother.
(END VIDEO CLIP)
BANFIELD: Rameer Bell was arrested on charges of assault and kidnapping. And today, was awaiting formal charges. Joining me now, Detective
Commander Scott Gardner of the East Cleveland Police Department and Defense Attorney Joey Jackson stays with me as well. Commander Gardner, that was
unbelievable. Just unbelievable, especially since we came to learn that that man was shot at close range in the abdomen. How did he, A, survived
that shot, and, B, how was he that violent after being shot?
DET. CMDR. SCOTT GARDNER, EAST CLEVELAND POLICE DEPARTMENT: We`re sort of uncertain at this point. I mean, as you can see from the video,
immediately as officers are approaching, he throws off his shirt and immediately engages officers. At this point, obviously, we`re suspecting
possible narcotics, but we`re still waiting for toxicology.
BANFIELD: And we should also mention that even after being shot at close range, and I`m guessing it was somewhere between five and 10 feet, is that
correct?
GARDNER: Yes, that is correct.
BANFIELD: He was still able to injure, allegedly injure, two of the officers, or more?
GARDNER: Two of the officers sustained pretty good injuries. One officer received -- was actually punched in the face, pretty much upon arrival. He
has a fractured eye orbital -- a term I`m not real familiar with, but -- and the other officer actually sustained a broken hand.
[19:49:50] BANFIELD: I just want to play that moment again so that now that we know that he was shot in the abdomen from that close range, you can
see how incredible his reaction is. Let`s play that again.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Hey! Shots fired. Oh, (BLEEP) 37 headquarters, shots fired, shots fired. Back up, back up. (INAUDIBLE)
UNIDENTIFIED MALE: Come on, move. Come on. Come on, buddy.
(END VIDEO CLIP)
BANFIELD: Joey Jackson is an attorney, does it even matter whether, you know, drugs were involved when you`ve got all of this on body cam?
JOEY JACKSON, HLN & CNN LEGAL ANALYST: You know, it will matter. And I think people will take to task the shooting to begin with. I think any
force needs to be proportionate to the threat posed. He was running after the police officer, nothing in his arms. That`s going to be of issue. But
at the end of the day, you don`t attack police, you don`t fight police. This is the end result of it, most unfortunately.
BANFIELD: Well, and let`s also just remind everyone that the original call was because he had attacked a great grandmother.
JACKSON: Shots fired. Yes. Yes.
BANFIELD: He didn`t even know her, she didn`t know him, she was walking down the street and she was badly assaulted on the street. So just an
incredible story. Detective Commander Scott Garner thank you so much for being with us. Joey Jackson, I`m going to ask you to stay.
Tonight, there is another piece of video that had us just -- it was just jaw-dropping. A Massachusetts jogger, thank God she`s safe, but she had to
fight off a would-be rapist and kidnapper all of it in broad daylight and on tape. The 37-year-old jogger told police that she was just running on
Sunday morning when she noticed a car pull over and then saw the driver jump out of the car. And then he tried to grab her. She said the attacker
ran towards her, grabbed her by the arms, dragging her. Witnesses say she was screaming, fighting him off, they both fell to the ground, but then he
jumped up, and took off, sped away in his car. Somehow, after what that jogger had been through, she still managed to snap a picture of his license
plate. So, a short time later, the police were able to find him in a wrecked-out car and were able to pick him up. Tuesday morning, this was
his arraignment, yes, the accused rapist with his lawyer holding a sheet over his face in the hospital room.
Bridgewater cops charged him with assault and kidnapping, and you can hide, but you can`t run. Because we`re going to get a mug shot pretty soon, any
day, and there`ll be no sheet covering the mug shot. Rape also happens to be the topic of this Sunday`s episode of HLN`s original series "INSIDE
EVIL" with Chris Cuomo. Despite the growing attention on sexual assault, an alarming number of rapes go unpunished, more than 98 percent of the
time, the perpetrator never spends a single day in prison. This week, Chris hears first-hand accounts of rape survivors and examines what hurdles
they faced just to get some justice.
(BEGIN VIDEO CLIP)
CHRIS CUOMO, HLN HOST: An October day in 2002, Julie had just picked up her daughter from the church`s daycare. She had her 8-month-old son Peter
with her as well.
JULIE: Then, we stopped to talk to a friend, and, you know, I was standing up talking to her with my back exposed, I was buckling my son in. And the
second she left, I can still see the taillights, somebody rushed me from behind, and hit me over the head. I thought I was being hit by a brick
because it hurt so much.
CUOMO: Her young daughter, Emily, tried to run away, but the man grabbed her, threw her into the car; forced Julie into the van as well, holding a
knife to her throat.
JULIE: He said, and do you believe in God?
JULIE: And when I said, yes, he said, then you`re going to forgive me for what I`m about to do to you and to your two kids. And at that moment, my
heart sunk because all of a sudden, I clue into the fact, he doesn`t want my purse, he doesn`t want my minivan, he wants to do something to us.
(END VIDEO CLIP)
[19:55:00] (COMMERCIAL BREAK)
BANFIELD: We`ve got "ONE MORE THING" for you tonight. And you kind of just have to see it to believe it, a robber slithering a across the floor
like a snake to avoid setting off the motion sensors in a Houston smoke shop. A smoke shop he was ripping off. The owners say he actually made
two trips like this into the store as he cleared the place out, taking with him the cash register full of cash, about a thousand dollars` worth of
merchandise as well, and they have one big request. Do you recognize this snake? If you do, they ask, would you please call the police so we can get
our stuff back, and make fun of him on T.V.? Because that`s what he deserves.
We`ll see you back here tomorrow night, 6:00 Eastern. And you can listen to our show anytime, download our Podcast on Apple Podcast, iHeart Radio,
Sticher, TuneIn, or wherever you get your podcasts for your CRIME & JUSTICE fix. Thanks for watching, everybody. "FORENSIC FILES" starts right now.
END
