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Crime and Justice With Ashleigh Banfield
Mom Hires Hit On Ex Through Craigslist; Woman Locked In Box, Made Into Sex Slave; Disturbing Images; Search For Suspects; Cyanide Killer; Inside Evil With Chris Cuomo; One More Thing; A Father Of Two Was Found Dead Inside A Tent In A Camping Site; 20-Year-Old Woman Escaped A Real-Life Nightmare. Aired 6-8p ET
Aired June 27, 2018 - 18:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[18:00:10]
ASHLEIGH BANFIELD, HOST, HLN CRIME AND JUSTICE: Good evening, everyone, I`m Ashleigh Banfield. Welcome to "Crime and Justice."
Tonight a Sophia Loren look alike find out just how long she is going to spend as a prisoner after trying to hire a hit man on Craig`s list to
poison her ex-husband`s coffee. Kyle Peltz is covering this incredible story. Kyle, the prosecutor says the person she hired thought this was
just going to be a little gig, some work overseas, maybe some fun travel?
KYLE PELTZ, CRIME AND JUSTICE PRODUCER: That is right. The person who responded to that Craig`s list ad actually thought it might have been an
acting or modeling gig. Prosecutors say it was much more sinister, but Ashleigh, tonight, the murder for hire charge against this mother has been
dropped.
BANFIELD: Looking forward to finding out why that happened. Thank you, Kyle.
Also another sentencing was just handed down, this one for the Wisconsin man who held his granddaughter`s friend captive in his basement. Locking
her in a coffin like box. Bernice Mann is covering this is an extraordinarily creepy case. How did he end up getting her into the
basement in the first place, Bernice?
BERNICE MAN, CRIME AND JUSTICE PRODUCER: Well, he apparently lured her there by saying he need help with a project in the basement, but Ashleigh,
that victim escaped the box, that coffin-like box. And now he is facing the music, but does the punishment fit the crime?
BANFIELD: Don`t tell me it`s another one of those lenient sentences. All right Bernice we look into it in a moment. Thank you for that.
Also tonight, the man convicted of giving his ex-girlfriend and mother of his child a deadly valentine`s present, a surprise jab of cyanide. Justin
Freiman is on top of this story. Justin, the whole thing was actually caught on camera.
JUSTIN FREIMAN, SR. PRODUCER, HLN CNN: That is right. Despite the video, a mountain of evidence and a guilty verdict, he says I didn`t do it and he
is on a hunger strike that started before the trial even began. We`re going to have the sheriff as well as the prosecutor tell us just where this
all stands now.
BANFIELD: Hunger strike. I can imagine our viewers saying right now, good. We`ve got a murderer who wants to let us get a deal on our taxes.
Thank you, Justin.
Later, breaking news out of the Malibu Camp site where a dad was shot dead in the same tent as his two little girls. And now we know just how he was
killed. And who he was camping with. And there are some new revelations as well about the mysterious shootings that have been taking place at that
State Park.
First, though, I want take you to Oklahoma City. That is where 38-year-old -- a 38-year-old woman has been sentenced to just three years in prison.
This after police say she tried to have her ex-husband poisoned with a substance popular among cold war era spies.
And if you didn`t know any better, you`d think she was maybe a model. Sophia Loren look alike, a knockout, reportedly once employed as a nursing
Director. And she may have been using those skills when prosecutors say she went on Craig`s list looking for someone, maybe she could hire, to work
a 10-day overseas gig, only that gig was to poison her ex-husband`s coffee with the toxic substance called Ricin with the plan all laid out in power
point.
(BEGIN VIDEO CLIP)
TINSLEY KEEFE, RESPONDED TO CRAIGSLIST AD: I was scared, you know from the beginning, because right during the meeting, I mean she was saying, look, I
mean, if you tell anybody, then we`re both going to be dead. It wasn`t about acting or modeling at all. It was about a murder for hire. I was
like wow. Basically give him some ricin over a series of days, and to get him poisoned.
She was saying that it would be $4,000 that I would get paid upon my return by her. You know, you hear weird crap about Craig`s list all the time.
But at the same time, I definitely wasn`t expecting that.
(END VIDEO CLIP)
BANFIELD: Well, after that Craig`s Lister tipped off the FBI, Danielle Layman, a mother, pleaded guilty to possessing the poison. In exchange,
the most serious of the charges against her has been wiped away. You know, that one that accuses her of trying to hire a killer who would slip her ex
-- the ricin. Now said, the potentially spending 10 years behind bars, no laymen might just be out in three.
(BEGIN VIDEO CLIP)
BARRY ROLLER, NEIGHBOR: I`ve never seen anything like this. This is the darnedest thing I`ve ever seen. This is pretty big for around here.
(END VIDEO CLIP)
BANFIELD: Joining me now, Scott Mitchell, host of Mitchell Talks in Oklahoma City. Joseph Scott Morgan, a certified death investigator is with
me, he is also a professor of forensics at Jacksonville State University. And Defense Attorney, Heather Hanson is with me as well. So, Scott
Mitchell, wait a minute, how on earth is it just three years if she was planning to use a deadly toxin to kill her husband and get some
unsuspecting Craig`s Lister to do it for her?
SCOTT MITCHELL, HOST, MITCHELL TALKS, OKLAHOMA CITY: She could have faced at least several years in prison on the charge. She was indicted, of
course, last year.
[18:05:05] And it is international -- it could have been a murder mystery. And she was doing it on the cheap, too, by the way. She was only going to
pay the person off after the deed was done. It`s just a bizarre ending to a bizarre tale.
BANFIELD: Boy, I`ll say. I want to read for our audience what the -- what the Craig`s list ad was looking for. By the way, I know we have some
pictures of her looking a lot more like Sophia Loren, this is kind of the official, you know, mug shot driver`s license look. There are pictures
where she truly does looks stunning like the actress. Here`s the Craig`s list ad that she posted, 10-day gig overseas for amateur, competitive pay
for production overseas. Looking for talent, 30 to 45 years old. Doesn`t have to be a professional actor. Required, creative, outgoing and
friendly, positive personality, boldness and bravery. Some stunts may seem risky. Although they are completely safe. Discreet.
You must not disclose any information related to the plot to anyone under any circumstances. Experience in acting. Experience performing in magic
shows. Experience as a casino dealer. I mean, honestly, this sounds like a joke, Scott. It sounds like a joke, but this is truly how she got that
unsuspecting person to come and meet her in a coffee shop. Take it from there.
MITCHELL: Well, for $1,000 by the way. That is all she was going to front was a grand to go to Tel-Aviv and back. And so this person answers, and
then she starts laying this out with a power point presentation. And this was all about the official Israeli government, and was basically, it is an
ex-husband who has possession, who has custody of their child. And she was upset about it and this is how she has the plot. Who needs a screen writer
in Hollywood when you can just look at the front page of the newspaper and see this sort of thing? It`s bizarre.
BANFIELD: All right. So this poor, unsuspecting respondent from Craig`s list comes to the coffee shop and gets the power point. I mean, you can`t
make this stuff up, honestly. Gets the power point about what`s really going on. And that is where this whole idea of going for an acting gig
overseas is nothing like what the Craig`s list ad said.
It was actually an honest to goodness murder for hire. And there was no couching it. It wasn`t like this person was going to do it and not know
what they were doing. The allegations from the prosecutors are she fully pointed out you`re going to poison someone.
(BEGIN VIDEO CLIP)
KEEFE: She bought me like a smoothie, I think. And at the coffee shop place. And yes, then she is like, and by the way, this is not really about
this. She gave me his name, you know, the agency, the phone numbers. And to basically get him to be my taxi cab driver, buy him some coffee, every
day and kind a slowly poison him.
(END VIDEO CLIP)
BANFIELD: So Scott Mitchell, that is crazy. I mean, honest to god, of all the murder for hires that we`ve covered. And look, there have been lots
that have been caught on camera where you think that person was so dumb to do that, but this takes the cake. A total stranger shows up. Responding
to an acting gig, you know, ad. And you ask the stranger to become your hit man. How could she not have thought that the stranger wasn`t going to
maybe call the cops? Which is what she did, right?
MITCHELL: What`s criminal is what she was going to pay this person.
BANFIELD: You keep going back to that.
MITCHELL: And if you`re successful you`ll get $4,000. I hope that there was some -- there was an ironclad contract. It just sounds insane.
BANFIELD: I`m with you. I`m with you on that, but still, let`s get back to the -- I mean, the money`s crazy, but a lot of these people offer a
pittance to do the worst, you know, worst devil`s work, you know, known to man, but honest to god, she thought that she could hire a stranger, and the
stranger would keep it all quiet. It is like, let me read some of the mission details in the power point that she gave to this stranger who was
becoming not a stranger. Start with the beginning here.
The powder you are carrying P.S., it`s ricin, it is one of the most deadly toxins known to man. The powder you are carrying is not a drug. If
questioned about it at the airport, explain it is a religious relic that is supposed to ward off evil spirits, it is made of a plant common in Israel,
Castor, and it is highly toxic. The mission details go on to say prepare two cups of coffee, add powder to one of them.
As your mark, this is obviously the ex-husband, as your mark arrives at your hostel to pick you up in the morning, offer him a cup of coffee.
Repeat every morning and monitor the driver`s health. Report if he starts showing signs of illness, if he is vomiting, and if he fails to come pick
you up at the hostel.
[18:10:03] Should be known, Scott, that this poor, unsuspecting victim was a taxi driver. He was driving for a living. And this was how she was
going to actually execute the mission.
So, Joseph Scott Morgan, jump in with me and take me back to those cold war days where ricin was used on the tip of the umbrella, you know, by the
spies to kill other spies or other you know, official, you know, diplomatic officials. This is unbearably deadly. Tell me about it.
JOSEPH SCOTT MORGAN, PROFESSOR OF FORENSIC, JACKSONVILLE STATE UNIVERSITY: Yes. It`s highly toxic, Ash. And the interesting thing about it is that
it has to be rendered down from a bean, it`s called a castor bean, and people can actually render this down, don`t need a lot of training to do.
We`ve heard the name castor before and that comes from Castor oil. Our grandparents` generation is very familiar with it. But what they extract
this from is what`s referred to as the mash, that substances left behind after the oil has been actually extracted. Once it`s extracted, it can
either be aerosolized or it could be placed into a powder into a drink. The stuff is highly toxic. It can be transdermal, that means, it can
travel across the barrier of the skin, but the general way that this is administered is going to be through a cup of coffee or a cup of tea and
ingested.
The scary thing about this drug is that it masks itself as another -- the symptomology masks itself as another presentation. You know, you`ll have
shortness of breath, fib roll. The lungs actually get kind of heavy and consolidated, almost appears as if the individual has some kind of maybe
upper respiratory problem, maybe a cardiac problem. They might have developed pneumonia. So that is the reason, I think at least, that is why
she is saying check this guy daily to see what`s happened. It`s not like a blister agent that you see, say, in the terms of chemical warfare where it
touch it is skin and you know, cells explode and all those kinds of traumatic things. This is a slow death that requires, you know, two to
three days sometimes.
BANFIELD: Interesting. I remember hearing, especially with the one death in the Baltics where the umbrella, you know, stuck the poor, unsuspecting
victim and he was dead pretty quickly, because the ricin -- the amount of ricin that was used was significant enough. Maybe I`m not remembering it
right, but let me just --
MORGAN: No, you are absolutely -- that was in 1979, actually, Ash, and it`s also been put forth that this may have been used in Iraq by Sadaam
Hussein where it was aerosolized and dropped over the Kurdish population as well.
BANFIELD: Among many other things over those (inaudible) that he had dropped. So, and I believe that was -- I`m trying to remember, Habja.
God, I was there. Let me play for you, speaking of, you know, talking about that part of the world, this woman actually brought up that part of
the world in this whole scheme. In fact, what she told this Craig`s list responder was that she was going to be part of an assassination plot. And
she -- yup, she went there, she brought in ISIS. Have a listen.
(BEGIN VIDEO CLIP)
KEEFE: It was like an assassination, but it was of an ISIS member, supposedly, not her ex-husband.
JEAN CASAREZ, CNN PRIMETIME JUSTICE SHOW GUEST HOST: It was who, assassination of who?
KEEFE: Of an ISIS member that was trying to --
CASAREZ: A member of ISIS?
KEEFE: Right, yes, she said that she was with the Israeli Intelligence Agency also known as MASSAD and asked me if I had ever heard of that.
Which I never really haven`t, I was like no, she started to kind of fill me in.
(END VIDEO CLIP)
BANFIELD: So yes, that interview with Jean Casarez, just remarkable. You`re going to kill somebody from ISIS. How BOYCE: t that? OK. So --
Heather Hanson, how do we get from -- you`re charged with murder for hire, I mean, it is a longer charge than that, but that is what it is, you`re
charged for murder for hire. It`s ricin, which is extremely deadly. You`re preparing this in your kitchen. P.S., you have minor children on
premises. So that is very, very reckless and dangerous. And yet, she ultimately gets, what is it, 13 years, is that what it is? 13, am I wrong?
Somebody tell me, did I mix that up? No, sorry, three. Oh, heavens. I added a one. No, three, how do you get from the potential of serving more
than a decade to three?
HEATHER HANSEN, DEFENSE ATTORNEY: You know, that these things often take about a negotiations and things behind the scenes. But ultimately
Ashleigh, here is what I think, the problem is how many overt steps did she take? One of her defenses was going to be -- this was just all as a
fantasy. The power point. The phone calls. It was all just imaginary.
BANFIELD: She had ricin.
HANSEN: Right, but we`ve seen other cases, like the cannibal cop, if you remember that case, he was convicted and then that case was overturned,
because the judge found that maybe it was just a fantasy. And I think perhaps prosecutors here felt as though a guaranteed sentence by a deal
versus the time and money and cost and angst of trying this case --
BANFIELD: Wait a second, Heather, I`m with you up to the point where she brings in a total stranger into her fantasy and hands over a deadly
substance to stranger, never once saying, come on this is all play, this is all play, don`t really do it.
[18:15:10] HANSEN: Listen, I am 100 percent with you, but I`m thinking the prosecutors must have grabbing aside --
BANFIELD: This is Heather grabbing at defense straws.
HANSEN: But we know the prosecutors must have thought there was some weakness in their case. Because they don`t make deals for nothing and we
are going to see as we talk about other cases tonight and see this more and more often.
BANFIELD: OK. Stick around. I don`t want you to go anywhere. Joseph Scott Morgan, thank you so much, and Scott Mitchell, thank you for your
reporting as well. And I`m with you, Scott. I am with you, it was not enough money for a hit. I`m always amazed at these people and what they`ll
do for a couple bucks.
All right, so moving on, she was supposed to be visiting a friend at her home. Instead, she ended up locked in a wooden box in the basement of that
home. For what probably felt like an eternity. What happened in those harrowing moments and how it altered her life forever, and how in god`s
green earth she got out of that disastrous spot will alarm you? And that is next.
[18:20:00] (COMMERCIAL BREAK)
BANFIELD: If you have ever seen somebody bust out of a coffin, you are probably watching a magic show or maybe you are watching a movie, but
inside an unfinished house in wintery Wisconsin, a 20-year-old woman did exactly that. In order to escape a real-life nightmare. She had stopped
by the home of Allen Jamroz, thinking she is tracked down her friend who happens to be his granddaughter, but instead of finding her pal, Allen
Jamroz, asked her to come on in. And then asked for her help on a project he was working on. And wouldn`t you know it? The project was in the
basement. And that is where her friend`s grandfather became her captor. Shocking her with a homemade stun gun, duct taping her wrists, her knees,
and her ankles. Sexually assaulting her. And then locking her inside this. That is a wooden box that he built that a Judge would later call a
coffin.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: This photo speaks for itself. There`s a chain there. There are leather straps there, what appears to be a belt. You would not
be able to open the door. She had to actually, as she described, get a hammer and break her way out.
(END VIDEO CLIP)
BANFIELD: But miraculously she was able to do that. Escape the box and the house. And miraculously, she was able to do something maybe even
tougher. Face him in court. Where she described every detail of that real-life nightmare in that basement. Allen, for his part, pleaded no
contest to false imprisonment and second-degree sexual assault. And he was sentenced to 13 years behind bars. Trying to apologize for what he did,
but for the Judge it was way too little way too late.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: This was something that was planned over a long time. You planned on making this girl some sort of a slave or controlling her in
some way. Something about her you were obsessed with, something horrible. I`m sitting in my basement making a coffin and a stun gun and buying
condoms and a gag. I better get some help. You had a long time to do that. You did not.
(END VIDEO CLIP)
BANFIELD: Joining me now, Dan O`Donnell, host of the Dan O`Donnell Show on News Talk 1130. Dr. Daniel Bober, a forensic psychiatrist is also with me,
and defense attorney, Heather Hanson is still with me too. OK, Dan O`Donnell, what else did this young woman endure in that basement?
DAN O`DONNELL, HOST, DAN O`DONNELL SHOW, NEWS TALK 1130: Well, it was just a horrific situation. The suspect, the defendant, the man convicted of
this awful crime, attempted to have sexual intercourse with her. He couldn`t, he failed in that. Forced her to have oral sex. Told her, text
your mother, text anyone else and tell them you`ve run away with someone named Bob so nobody goes looking for you. And then he ordered her into
that box, but not before tying her at her knees, her ankles, her wrists and duct taping her mouth, putting a red blanket, a Teddy bear and a box of
condoms in that box with her.
BANFIELD: I mean, it is just so bizarre. How did she manage to get out of that coffin and ultimately get out of that basement?
O`DONNELL: Well, it`s a truly remarkable story of survival, quite frankly. While the two were struggling, as Jamroz went up behind her, put his hand
over her mouth, and before he used the stun gun on her, they knocked over a jar of nails that was on a table that they had bumped into. She managed to
grab a nail, hide it from Jamroz during the sexual assault and while she was in the box she was able to remove the tape from her mouth, use the nail
to cut her ankle and knee restraints. And she was actually able to chew through the twine that had bound her wrists to then kick out of the box.
[18:25:07] Found that hammer on the floor. Used that to get out of a locked basement. And then started walking down the street for help before
a neighbor found her and was able to take her to the hospital and take her to the police.
BANFIELD: Just it`s so unbelievable. Here she is at the sentencing, I mean, the fact that she could even face this monster who did this to her in
a courtroom, but she did and she had something to say about what her life has become. Have a listen.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: And because of this I am scared to have a relationship with anybody. I stay in my room a lot. I nap. And anybody
who`s a guy in my life --
(END VIDEO CLIP)
BANFIELD: So there he is listening and he got his chance as well to give his comment before sentencing, but not before his lawyer argued that he`d
been a very productive member of the community. That is outside the basement. Also he apologized, but while he was giving his statements, that
victim walked out, didn`t want to hear a word of it. Good for her. He also, of course, had blame for someone other than himself or something
other than himself, prescription drugs. Here`s how he put it.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: I am really sorry for what I have done to her. I never in a million years ever wanted to hurt her.
(END VIDEO CLIP)
BANFIELD: I`m sure you are sorry, but you didn`t want to hurt her, and yet you locked her in a coffin. Dr. Bober, one of these details, a million of
them made me sick, but the one detail that really stuck out was him putting her in that coffin with a red blanket and a Teddy bear? Does it say
anything to you?
DANIEL BOBER, FORENSIC PSYCHIATRIST: We see this behavior in other types of individuals, Ashleigh. This man to me seems like someone in his real
life is probably incompetent with women, may even be impotent, someone who himself may have been a victim of abuse and is acting out these sexual
deviant fantasies for his own gratification.
BANFIELD: I mean, honestly to say in court I never wanted to hurt her, do you believe that in his own mind he thinks that, or is he making an excuse,
because you can`t stun gun someone, rape them, have a ball gag handy and put them in a coffin duct taped if you never want to hurt them. So what do
you make of this garbage in court I never meant to hurt her?
BOBER: I think he is a psycho path. I think he is a liar. I don`t believe he has an ounce of remorse. And I think he`ll say anything he can
to lighten his sentence. That is what I think.
BANFIELD: Yes. So here`s what the assistant district attorney had to say about this poor woman in the future that she is got ahead of her. Have a
listen to this.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: The terror that this young woman had to go through when she is placed in that box, and the time before that, and I`m just amazed at
the strength that she showed. She did everything right that we would expect of anyone in this case. And thank god she did.
(END VIDEO CLIP)
BANFIELD: So I`m glad that Ralph Atki (ph) has those things to say, but Heather, I don`t understand why you have to have a plea bargain with a guy
like this. Usually the girl dies.
HANSEN: Right.
BANFIELD: And so you have to do all the forensic chain connection to try to get, you know, reasonable doubt if you`re the defense attorney, and no
reasonable doubt if you`re the prosecutor. In this case you`ve got the woman to say he did this. That man did this to me, and there`s the
evidence. Why a deal?
HANSEN: I have no idea. And I want to find a reason. Not just because I`m a defense attorney, but because I want to believe that the people who
should be locked up for a long time get locked up for a long time.
BANFIELD: 13 years he got, are you ready for this? He got 13 years for this. He is already been in the slammer for a year and a half pending
these trial. He gets credit for that. 11 1/2 years, friends, take a good look at that face, 11 1/2 years, Allen Jamroz, 56 years old will be walking
amongst us at age 67. And P.S., I`ve covered many cases of 67-year-olds doing this stuff.
HANSEN: That is the concern. It doesn`t make any sense to me the false imprisonment claim was dropped, it doesn`t make any sense to me that the
battery claim was dropped. So you have to try to imagine that there must be something that the prosecutor sees again as a weakness in the case.
Because that is why they do these deals. But this one just seems surreal and --
BANFIELD: Sorry to say nail in the coffin on this one. But Dr. Bober, 11 1/2 years from now, Allen Jamroz, let us say his name again, Allen Jamroz,
will be walking amongst us at age 67. You`re the doctor. Could he be cured of the sickness that he possesses in order to have committed the sick
crime that he did by the time he gets out?
BOBER: I am a forensic psychiatrist. I wouldn`t have any -- I would have a lot of difficulty foreseeing a day where I would feel like this guy would
be safe on the street. But there will be a time when that is exactly what they`ll be looking to do.
[18:30:00]
I think the real story in this case is this woman who is such a survivor, the tenacity, the ingenuity to come up with a way to escape that she did,
and she literally clawed her way out of there, I think that`s a testament to her character and her inner strength.
BANFIELD: The whole thing is just so appalling. My thanks to Dan O`Donnell (ph) for helping us navigate through the ugly details of the story. Dr.
Daniel Bober, thank you for your insight. Heather Hansen, can I ask you to stay, if you will.
Tonight in Texas, there`s an urgent search under way for three guys. They are suspects in a very brutal home invasion where a 7-year-old boy, a 7-
year-old boy was tortured in order to tell the attackers where his family`s valuables were. And police hope that their extremely distinctive clothing
might just help lead to their arrests.
So, take a really good look. Suspect number one had the gun and this is what he was wearing. He had black Nike sneakers. But this very interesting
vintage black Air Jordan sweatshirt with the name Jordan spelled out in white down the sleeves, very unique. Someone knows that shirt.
Police say the other two suspects refer to him as "D." And he was the one who tortured the child. So, look closely. Do you recognize that sweatshirt?
Look closely. A 7-year-old was tortured for information about valuables.
Suspect number two was wearing a white hoodie with the word "change" written across the front or at least something under it may have said
"change." And suspect number three had some unique red sneakers on. Look at those pants and look at those sneakers. Officials believe those are Jordan
basketball shoes.
He also had on a dark hoodie and black sweatpants with the white stripe down the side. It may be words, may be a stripe, hard to tell. But that`s a
unique look. Those are unique shoes. You may know those people, you may know those outfits, you may know just the way they stand.
Police say these intruders took cell phones and jewelry and the father`s wallet. And the boy and his father needed to be treated for their injuries.
There`s a $25,000 reward out there as well for any information that leads to their arrest and to the rest of us being a little safer once they are
off the streets.
Joseph Merlino is staring at a life sentence after the cyanide poisoning of his ex-girlfriend on Valentine`s Day. But now for some weird reason, he`s
decided he`s on a hunger strike, and he wants the sheriff to leave him alone and stop force feeding him. But the sheriff wants to know why he has
to keep sending doctors in at a price tag that will blow your mind. That`s next.
[18:35:00] (COMMERCIAL BREAK)
BANFIELD: Lots of people go on Etsy (ph) websiteto get a Valentine`s Day gift for their special someone. And lots of people do lots of research
finding that perfect present. Joseph Merlino is one of those people. According to prosecutors, his story though is just a little bit different.
They say Joseph was shopping for his ex-girlfriend and decided to buy her a syringe, which they say he filled with cyanide. And when Ellie Tran came
home on Valentine`s Day, he was caught on camera attacking her out of the blue, jabbing something into her leg. That something ended up killing her.
But not before her mom says she identified that ex-boyfriend Joseph, the father of their 2-year-old, their daughter.
Now Joseph Merlino is a convicted murderer. And here`s where things get weird. For some bizarre reason, Joseph has decided to go on a hunger strike
in jail, refusing to eat and refusing to admit that he`s the killer, though it doesn`t matter. He was convicted of first-degree, and he`s facing a
lifetime in prison when he`s sentenced. He is determined, somehow, to clear his name.
(BEGIN VIDEO CLIP)
RICHARD BOUMMAR, DEFENSE ATTORNEY: The defendant was two and a half to three hours away when this crime took place. We intend to provide evidence
to prove that at the appropriate time.
(END VIDEO CLIP)
BANFIELD: Joining me now, Jane Harper, reporter with the Virginian-Pilot. She covered the trial of Joseph Merlino. Also Mario Lorello, the assistant
commonwealth`s attorney who prosecuted Joseph Merlino, is with me. Chief Deputy Rocky Holcomb with the Virginia Beach Sheriff`s Office is live with
us tonight. And defense attorney Heather Hansen remains with me as well.
So first to you, Jane. This fellow, Joseph Merlino, is talking a lot from behind bars. Is he giving a reason for why he is hunger striking, a
legitimate reason, any reason?
JANE HARPER, REPORTER, VIRGINIAN PILOT (via telephone): Well, he did talk to a couple of local TV stations.
[18:40:01] He told them that he was protesting conditions at the jail. He said that he had been in isolation for 60 days, was being kept in a very
cold room and practically naked. But he was also sent to a state mental health hospital to check for his competency. And he told them that he
feared being poisoned.
BANFIELD: Because there were a few times when he was being asked exactly what`s your strike about and he talked about, you know, philosophies, that
he would at some point when his attorney was present enlighten us with. Has he ever told us what his philosophies are as part of his hunger strike?
HARPER (via telephone): No, I don`t know about that. I haven`t heard about that.
BANFIELD: And at some point, he also tried to delay his trial because of this hunger strike. Correct?
HARPER (via telephone): Correct. His lawyers filed a motion and they were asking to have it delayed, partly because of the hunger strike, saying they
questioned whether he would have the stamina and they had not had enough time to prepare for the trial.
BANFIELD: Well, it went ahead anyway. His hunger strike now used to involve Gatorade and water. Now, no Gatorade, no water, no nothing. And we
all know, I think it`s about seven days or so that the typical person can survive without anything at all, any water. So the timing is critical here.
Mario Lorello, as the assistant commonwealth attorney in the case, was this case difficult? I mean, was it kind of slam dunk? Because reading about it,
it sure seems like it was a slam dunk.
MARIO LORELLO, ASSISTANT COMMONWEALTH`S ATTORNEY: Ashleigh, thanks for having me. I think that when you just look at it in the newspapers and read
it, it does come across that way. But you have to remember that when that case first slid across my desk, all we really had was the video.
Since then, Mr. Merlino obviously did a number of things such as writing the encrypted letters from the jail which were deciphered by the FBI, and
then of course our forensic experts were able to download all the information off his computer which of course had some extraordinarily
incriminating information on it.
But from day one, no, it wasn`t a slam dunk. We had to really build this case from the ground up in order to get where we are today with the
conviction.
BANFIELD: So some of the things that you were able to dig out after finding the video, and by the way, we should mention, when you see Ellie
Tran jumping up and down on her porch after she`s attacked by Joseph, the cyanide hasn`t kicked in yet. It does once she gets into the house. It is
becoming deathly clear that she is not going to survive.
I want to just read some of the coded messages, Mr. Lorello, that you were able to find out about in this case because it turns out that Joseph
Merlino was sending coded messages trying to make sure he had an alibi.
The first one reads, another thing, I need you to forge some paperwork together, getting someone to say they saw me on February 14th, U.S. time.
This was what, in a letter to his girlfriend, apparently he had a girlfriend in China, and he was trying to coach her about not only that,
but how to testify. What else did you find him telling her?
LORELLO: That`s right. Ultimately, the FBI`s report about these encoded letters, and I think there were probably over 15 encoded letters, many of
them were five, six pages long, very tiny handwriting. But in the 40 pages of decryption, what you`ve just read is pretty consistent with everything
else he`s writing.
He`s taking great lengths, great efforts to try and concoct and create an alibi, going so far as to actually writing out a chat log, line for line,
that he wants his girlfriend in China to create for him. He`s also encouraging other people --
BANFIELD: It`s important to note, he was also found buying the antique syringe on Etsy and did searches for how many milligrams of cyanide will
kill you and what if cyanide gets injected.
I want you guys all to stay put, if you will, because when we come back, Chief Deputy Rocky Holcomb, I want to ask about this whole hunger strike
bit, because I think a lot of people watching would say, let him go. If he wants to go, he`s a murderer, let him go.
You on the on the other hand, you had a whole bunch of issues you need to wrestle. We are going to talk about that, next.
[18:45:00] (COMMERCIAL BREAK)
BANFIELD: We are still talking about the worst Valentine`s Day ever, the day cupid`s arrow was poisoned, and a beautiful 35-year-old mother was
attacked on her own front porch with cyanide. The jury just sentenced her ex-boyfriend to life in prison for it. But Joseph Merlino insists he didn`t
do it. And now, he`s on a hunger strike in jail.
(BEGIN VIDEO CLIP)
JOSEPH MERLINO, CONVICTED OF POISONING EX-GIRLFRIEND: There is a completely reasonable reason why I am not eating right now at this point.
I`d like to -- this is just a circus. I`m just talking about the conditions right now. And for any other issues, I`d like to have my attorney present.
This is in no way, shape or form about any publicity. This is getting a message across.
(END VIDEO CLIP)
BANFIELD: Getting a message across. Well, I know that prosecutors think the message was, I want to look a little different. You know, I want to
change my appearance by shedding, I don`t know, dozen pounds, maybe more. But Chief Deputy Rocky Holcomb, you have to deal with this.
[18:50:00] I mean, the guy has been on water and Gatorade, and now isn`t on Gatorade anymore. And as I understand it, correct me if I`m wrong, this
is costing the taxpayers $100,000 a week for the medical care that he requires. Is that right?
ROCKY HOLCOMB, CHIEF DEPUTY, VIRGINIA BEACH SHERIFF`S OFFICE: Yes. Thank you, Ashleigh. First let me say thank you to the Commonwealth Attorney`s
Office and the Virginia Beach Police Department for bringing this case to justice. And yes, we estimate that that has been the cost to the taxpayers,
approximately $100,000 in 24-hour care for this individual.
BANFIELD: So, I guess the question would be, let him die. I hate to say that. But if that`s his choice, if he chooses to stop eating, he is a
convicted first-degree murderer, why not just let him have his wish? I know you went to the court in order to request force feeding him. Why would you
want to do that?
HOLCOMB: Well, here`s the thing, Ashleigh. We have a legal and ethical obligation to keep people from dying. And we`re not concerned about the
charges or a jury of his peers have found him guilty. He has a sentence of life. And we`re going to make sure that he stays alive and is able to carry
out that sentence here in our jail.
BANFIELD: So the weird part is, the judge said no, you cannot force feed him. But that`s not the end of it, right? You have another option in terms
of fighting for that?
HOLCOMB: Well, we are exploring other options. Listen, we respect the -- we respect the judge`s decision, but we`re certainly exploring other
options. The fact that the constitution of Virginia allows us to take someone`s life, but not save someone`s life is a bit alarming. So the
sheriff and I here in Virginia Beach have both served in the Virginia General Assembly and we may look to some legislation in the general
assembly moving forward to change this.
BANFIELD: It`s also weird that you can take a life, if that`s what the sentence is. But if he wants to take his own, he can`t. It`s all very
complicated. Real quickly, Heather Hansen, the law here, the sheriff says he might have to go get the law changed. Do the taxpayers have any rights
here, $100,000 a week for this jack ass?
HEATHER HANSEN, DEFENSE ATTORNEY: Unfortunately, no. I mean, the reality of the situation is, the courts are going to have to (INAUDIBLE) out his
constitutional rights.
BANFIELD: Listen. Thank you all. I think it`s a super interesting story. Very complicated. But in the end, there`s a woman who`s dead, there`s a man
who did it, and I think a lot of people would kind of hope that, you know, he would be dead at some point too if that were his wish. But it is what it
is.
Jane Harper, thank you. I appreciate that. Mario Lorello, thank you as well. Chief Deputy Rocky Holcomb, thank you. And Heather Hansen, you don`t
get to leave just yet.
In HLN`s original series, "Inside Evil with Chris Cuomo," Chris takes viewers inside the country`s most dangerous minds. This week, Debra thought
that she had found her perfect match on a dating site. But the man behind the screen was not what he seemed. Chris Cuomo unravels the twisted tale of
what happened to a woman and her family when her promising love story went horribly wrong and someone ended up dead.
(BEGIN VIDEOTAPE)
UNIDENTIFIED FEMALE: I think John lied about almost everything. I find that he was definitely in prison, not just once but twice.
UNIDENTIFIED MALE: He had been sent to prison in Michigan in 2002 for drug theft. Since then, most of his crimes centered around women.
UNIDENTIFIED FEMALE: There was a site called "Woman Savers." And they talked about him on this site, that he had literally taken fur coats from
women, money from women, stalking women, so on and so forth.
UNIDENTIFIED MALE (voice over): Several women had taken out restraining orders against him. What he did to one of them even sent him to prison a
second time, after he sent nude pictures of her to friends, family and colleagues, all because she refused to give him money.
UNIDENTIFIED FEMALE: He would convince you to take nude photos. And then he does that very early in the relationship. And then if anything happens
after that, he`s got you. And he would use those photos as a weapon against you to get you to do things, give him money, continue to have sexual
relationships with him.
(END VIDEOTAPE)
BANFIELD: You don`t want to miss this week`s "Inside Evil with Chris Cuomo." It airs Sunday at 8:00 p.m. Eastern and Pacific on HLN. The music
gives me the willies.
I have to do this. I have to get the cop and donut jokes out of the way. But you are never going to believe who tried to rip off the anchorage
police in broad daylight amidst dozen of cruisers and beautiful mountainscape no less. The video and one more thing, straight ahead.
[18:55:00] (COMMERCIAL BREAK)
BANFIELD: Got one more thing for you tonight. If you remember pizza rat, then you`ll be sure to enjoy donut squirrel. This little squirrel didn`t
just swipe that donut from anywhere.
[19:00:02] It was spotted in the Anchorage police department`s parking lot amid all the cruisers, which prompted one of the officers up there to post
quote "he stole a perfectly good donut, from a cop. That`s a straight up felony. Also, it`s rude," end quote. Legit. I`m not kidding. That`s
really what the cop wrote. Awesome.
Next hour of CRIME & JUSTICE starts right now.
(BEGIN VIDEOTAPE)
BANFIELD (voice-over): Shot in the head in a tent while camping with his little girls.
UNIDENTIFIED MALE: Who knows how long they were in the tent.
BANFIELD: Tonight how many shots were fired?
UNIDENTIFIED MALE: The campground was nearly full. It`s summer vacation.
BANFIELD: In a state park that`s racking up mystery shootings.
UNIDENTIFIED FEMALE: At first I thought it was a joke. Then my boyfriend walked around and said that`s a bullet hole. OK, it is, right, so we need
to do something.
BANFIELD: Plus, who else was at the camp site that night?
UNIDENTIFIED MALE: It could be a murder. Could be an accidental death. It kind of just awakens the feeling of vulnerability of everybody.
UNIDENTIFIED FEMALE: I`m like, God, that could have been my daughter.
BANFIELD: He said he needed help in the basement.
UNIDENTIFIED MALE: Something about her you were --
BANFIELD: But that`s where he tased his granddaughter`s friend, sexually assaulted her and locked her inside a homemade coffin.
UNIDENTIFIED MALE: This photo speaks for itself. There`s a chain there. There are leather straps there what appear to be a belt.
BANFIELD: She miraculously escaped.
UNIDENTIFIED MALE: And I`m just amazed at the strength that she showed.
BANFIELD: And put her creepy captor behind bars.
UNIDENTIFIED MALE: Because of this, I am scared to have a relationship with anybody.
BANFIELD: So tonight will anyone believe his sniveling apology?
UNIDENTIFIED MALE: Never in a million years ever wanted to hurt her.
BANFIELD: And will it even put a dent in his sentence?
UNIDENTIFIED MALE: You planned on making this girl some sort of a slave.
BANFIELD: Plus, the Valentine`s Day gift that literally stopped her heart.
UNIDENTIFIED FEMALE: It`s extremely heartbreaking watching a surveillance video.
BANFIELD: In a sneak attack, he poisoned his ex. Though he insists it was somebody else. And now he is refusing to eat behind bars. So what can his
jailers do with a starving and stubborn murder?
(END VIDEOTAPE)
BANFIELD: Good evening, everyone. I`m Ashleigh Banfield.
And welcome to the second hour of CRIME & JUSTICE.
We begin with breaking news out of southern California where a man was shot dead in his tent while he was camping with his two little girls. Tonight
we know 35-year-old Tristan Bodette was killed by a shot to the head. Though how many shots were fired or who fired those shots, that is still a
major mystery.
(BEGIN VIDEO CLIP)
DET. RODNEY MOORE, LOS ANGELES COUNTY SHERIFF`S DEPARTMENT: At this time we don`t have any suspect information or how or why this crime occurred.
He was camping here in the state park. He was in a tent at the time of the crime with his two children.
(END VIDEO CLIP)
BANFIELD: That campground has now shut down just as the season is getting going. Local police are concerned now about the public safety. Because
the Bodettes aren`t the only victims of recent mystery shootings at Malibu Creek state park. One camper found a bullet hole in the bumper of her car.
(BEGIN VIDEO CLIP)
MELISS TATANGELO, WAS SHOT AT WHILE CAMPING IN THE SAME AREA: I walked around the back and at first I thought it was a joke. At first I thought
someone put a sticker on my car. Then I thought maybe I had backed into something. I didn`t know. Then my boyfriend walked around and he was like
that`s a bullet hole and I was like OK, it is right, so we need to do something.
(END VIDEO CLIP)
BANFIELD: Well, now the hunt is on for a killer. And the authorities are asking for the public`s help. As we find out who else Tristan was camping
with, and who he has left behind.
(BEGIN VIDEO CLIP)
RABBI ARNOLD RACHILIS, UNIVERSITY SYNAGOGUE: Whether it was intentional or random, it`s still a horrible tragedy and represents the -- you know, the
loss of a husband, the loss of a father. Who knows how long they were in the tent? Who knows what they felt?
(END VIDEO CLIP)
BANFIELD: Joining me now, CNN correspondent Paul Vercammen who is covering this story. Josh Campbell is a CNN law enforcement analyst and defense
attorney Heather Henson is with me.
Paul, first to you. What is the latest in the effort to find out who did this and then find out where that person is?
PAUL VERCAMMEN, CNN CORRESPONDENT: Well, let`s start with the coroner`s office because today, Ashleigh, they did drop a bombshell. They
emphatically said that this is a homicide, a single shot to the head by the hand of another person stressing again and again that this is not a
suicide. So they are now looking for someone who is responsible for this fatal shooting. And they are not tipping their hand. It`s clear that they
must have an idea about the bullet angle, ballistics, was this close range? They are not revealing right now, Ashleigh, if this was an execution or
just a random shot fired by someone in this area.
[19:05:20] BANFIELD: So the interesting part of this, Paul, is that Tristan Bodette`s brother, although police won`t confirm this, his brother
has said that there are two gunshot holes in the tent. Is that correct?
VERCAMMEN: Yes. He has said that. And don`t forget, this could mean there was an entry and exit hole in the tent. Although there`s no
confirmation of that by authorities at this time. And I know you also alluded to this. Tristan Bodette`s brother-in-law was camping at that site
right next to him in this, you know, idyllic and beautiful sprawling state park. And he was with his two little boys.
BANFIELD: All right. I`m going to ask you a little bit more about that brother-in-law in a moment. But not before I expand on what you just said,
this beautiful park. If that shot that we just ran looks familiar to you, there`s a good reason. You have actually seen this park. Thousands of
times. If you watch the show "M.A.S.H." That image right there should look very familiar because this was actually a property of 20th century
FOX. And in 1935, they began filming all sorts of television and movies there. They actually -- they shot Tarzan. They shot planet of the Apes
there. They shot Butch Cassidy and the Sun Dance Kid. And then possibly the most famous scene is that one. I want to play it up full so you can
watch that helicopter shot. It`s supposed to look like South Korea and the scene from "M.A.S.H.," but it`s the opening title sequence and it was shot
at Malibu Park. Have a look.
(VIDEO CLIP PLAYING)
BANFIELD: So, Paul, it looks as though it is extremely rugged, and that there will would be no one for miles. But the truth is, this is a
campground. It was packed with people. I want to show our viewers a map of the camp sites so that they get a better idea of how many people would
have been within earshot.
Take a look at that. And then take a look way up on the top there, there`s a circle around camp site number 51. That was the camp site where Tristan
Bodette, 35 years old and his two small daughters, aged two and four were camping. You can also see, if you look to the right, there`s a locked gate
area that`s circled with a yellow ink because the campground is locked, to be safe, for the campers inside.
So Paul Vercammen, I know you have been there. I think you shot some video at camp site 51 since they cleared the crime scene. How close is it to the
camp sites beside it?
VERCAMMEN: They are right next to each other. This is the video that you were a alluding to that was actually shot by Stick Demus (ph). What`s
eerie about looking at this, they`re very close to each other. There are 63 camp grounds or spaces if you will in this particular area and you are
looking at these dry sort of grass and whatnot. This should be filled with tents right now, happy people circling them, you know, putting together
campfires. There`s one of shots you can see in the distance in the Santa Monica Mountains.
And so this summer, sort of vacation paradise has been reduced to this empty situation. I should note really quick that the state park service
tells me they are refunding all the money for people who had reservations, and they are actively trying to find these people other state campgrounds
to go to.
BANFIELD: Sure.
VERCAMMEN: It has really caused a bone chilling feeling in California because that place is so popular.
BANFIELD: If I had my kids planned for a vacation, and some camping in that park, I would be very thankful that they cancelled and closed that
down because something might be very dangerous there. It`s not the first shooting, as you mentioned before, there have been other shootings. I`m
going to ask you about that in a minute. But not before I get to the reason I wanted to know how close the camp sites are.
Because you mentioned that his brother-in-law, Tristan`s brother-in-law was also camping with them. Do we have any idea, it`s a two-part question.
Did Tristan hear what went on? Did he respond? Was he close by? And how about all the other people in that packed campground, ear witnesses,
eyewitnesses, are the police saying anything about them?
VERCAMMEN: No. They are being, and I though this is almost a cliche, but they are being so tight-lipped about this. All they are saying is they are
actively pursuing anybody, as you alluded to, who might have heard something, maybe saw something. And they are also looking at, you alluded
to these previous shootings, in the area, they are trying to find out if there`s any dots that can be connected.
And right now they`re emphatic about saying that they have not found a link between this shooting, which of course is a homicide, and any of the
others, which include someone shot in the arm with bird shot. So they have almost a level of urgency in saying we don`t know what happened here. And
any theory right now is on the table.
[19:10:27] BANFIELD: Sure. And you know, I`m going to ask Josh Campbell about that. Because I feel as though when you don`t want the public to
help, and you are stumped and mystified and the public is in danger, and you have to close down the campground because of that, and there have been
prior incidents and you have ballistics, I would think that the police would share a lot more information than they are.
But it is tight-lipped. We know very little. In fact, the only thing we`ve been able to find out, and I think Paul, you were able to get this,
was something from a local volunteer in the area named Jane. And even that is somewhat couched and certainly not super informative about forensics or
facts or details to this case. Have a listen to what Jane said.
(BEGIN VIDEO CLIP)
JANE, LOCAL VOLUNTEER: Personally, I feel that stuff happens all over. And there is that element of concern sometimes when you hear that there`s
been an event or that there`s been a few events. I don`t personally feel afraid, and I think that unfortunately a lot of people are spreading a lot
of, you know, theories about it that it`s not helpful because an investigation is ongoing. We would all like to know, you know, what
happened and have some respect for the people who have been hurt or the gentleman who died.
(END VIDEO CLIP)
BANFIELD: And when Jane says that, she probably is referring to the at least five incidents that we know of right now, just quickly tell you, June
and July of 2017 there were shootings on those dates. And then June 18th and June 22nd, the fatal shooting of Tristan Bodette. But there was also
one January 7th of 2017, a young woman named Meliss found the gunshot bullet hole in the bumper of her car. She`d been sleeping in that car.
My question for you, Josh Campbell, is, they are not even looking at Meliss. She says they haven`t even called her. She has the ballistics
herself. She recovered the bullet. This sounds crazy to me. Is it?
JOSH CAMPBELL, CNN LAW ENFORCEMENT ANALYST: Well, it`s hard to say. I mean, I tend to separate her specific issue maybe from the larger picture
because in any type of incidents like this, it`s a balancing act. And law enforcement has to conduct cost-benefit analysis to determine how much are
they willing to share with the public and how much do they need to protect in order to ensure that the integrity of that investigation continues?
BANFIELD: Josh, my God, they are asking us for help. And a young woman named Meliss Tatangelo is telling the media that her car was shot up while
she was in it in this park and they haven`t called her and they haven`t talked to her. To me it`s crazy.
CAMPBELL: Yes, absolutely. I mean, that appears to be an oversight on their part, in my judgment, when you have someone who may have forensic
evidence that may assist your case. And I can guarantee you that after, you know, shows like this and others spotlighting that, there`s no doubt
that the L.A. county sheriff`s department is going to be all over that.
I think the larger picture again is, you know, you have to weigh the two options here. We want to appeal to the public and gather information that
we may have. But you also want to protect that information. Because before you can, you know, draw a line through these individual cases you
have to ensure that they are compared, that forensic analysis, whether it comes from the firearm, or comes from other type of --
BANFIELD: Sure, I get it, yes. But you know what, to draw out the information from the public, you have got to tell the public in person,
here`s what`s happening and here`s what we need from you. We can`t get a sheriff`s deputy or anybody on television to even talk to us about this
case. We can`t even find out if there are witnesses in the case. It seems a little -- look, it seemed stupid to me, if you want our help, you`ve got
to come out and work with us as well.
Heather Hansen, jump in real quickly, here. You know, he was off with his daughters. The story is that the happily married wife had an exam and he
wanted to give her time to study. But you can`t ignore, Paul Vercammen is found the reporting, the brother in-law is at the camp site somewhere, the
wife is not present, they would have to be looking at family. They always do.
HEATHER HANSEN, DEFENSE ATTORNEY: They always do. The reason they do, Ashleigh, is because most often that is the person who has actually done
the crime. Here they are looking at family. But also because these other incidents they have to look more broadly as well. And that`s where you
would really think they would be looking into the ballistics from that other car. So maybe they have more clues that they are not telling us
about. But it does seems a little --.
BANFIELD: Yes. If they`re seeking the public`s help. This drives me crazy.
HANSEN: It`s frustrating.
BANFIELD: And quite frankly, the thing that drives me the most crazy is this young woman who was sleeping in her car. I don`t know if you agree,
Paul Vercammen, but the woman who was sleeping in her car, Meliss Tatangelo, and gets a bullet hole in the middle of the night in the bumper
of that car, and here we have a tent with bullet holes, and a dead man, and they haven`t talked to her. They haven`t called her. She has not had a
conversation. And that`s as of earlier today. So I mean, I find this astounding.
Paul, you are going to have to stay on this story for us, if you will. My great thanks as well to Josh Campbell. And Heather Hansen, I`m going to
ask you to stick around if you will as well.
It was supposed to be a routine visit to a friend`s house, just any average day. But instead a Wisconsin woman was locked in this, a wooden coffin-
like box for what must have seemed like an eternity. What happened in that box and in those harrowing moments next.
(COMMERCIAL BREAK)
[19:20:34] BANFIELD: If you have ever seen somebody bust out of a coffin, you are probably watching a magic show or maybe you are watching a movie.
But inside an unfinished house in wintery Wisconsin, a 20-year-old woman did exactly that in order to escape a real-life nightmare. She had stopped
by the home of Allen Jamrose thinking she`s tracked down her friend who happens to be his granddaughter. But instead of finding her pal, Allen
Jamrose asked her to come on in. And then asked for her help on a project he was working on. And wouldn`t you know it? The project was in the
basement. And that is where her friend`s grandfather became her captor. Shocking her with a homemade stun gun, duct taping her wrists, her knees,
and her ankles. Sexually assaulting her. And then locking her inside this. That is a wooden box that he built that a judge would later call a
coffin.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: This photo speaks for itself. There`s a chain there. There are leather straps there, what appears to be a belt. You would not
be able to open the door. She had to actually, as she described, get a hammer and break her way out.
(END VIDEO CLIP)
BANFIELD: But miraculously she was able to do that, escape the box and the house. And miraculously, she was able to do something maybe even tougher,
face him in court, where she described every detail of that real-life nightmare in that basement. Allen, for his part, pleaded no contest to
false imprisonment and second-degree sexual assault. And he was sentenced to 13 years behind bars. Trying to apologize for what he did. But for the
judge it was way too little way too late.
(BEGIN VIDEO CLIP)
JUDGE GREGORY STRASSER, MARATHON COUNTY CIRCUIT COURT: This was something that was planned over a long time. You planned on making this girl some
sort of a slave or controlling her in some way. Something about her you were obsessed with, something horrible. I`m sitting in my basement making
a coffin and a stun gun and buying condoms and a gag. I better get some help. You had a long time to do that. You did not.
(END VIDEO CLIP)
BANFIELD: Joining me now, Dan O`Donnell, host of the Dan O`Donnell Show on News Talk 1130. Dr. Daniel Bober, a forensic psychiatrist is also with me,
and defense attorney Heather Hanson is still with me too.
OK, Dan O`Donnell, what else did this young woman endure in that basement?
DANA O`DONNELL, HOST THE DAN O`DONNELL SHOW: Well, it was just a horrific situation. The suspect, the defendant, the man convicted of this awful
crime, attempted to have sexual intercourse with her. He couldn`t, he failed in that. Forced her to have oral sex. Told her, text your mother,
text anyone else and tell them you have run away with someone named Bob so nobody goes looking for you. And then he ordered her into that box, but
not before tying her at her knees, her ankles, her wrists and duct taping her mouth, putting a red blanket, a teddy bear and a box of condoms in that
box with her.
BANFIELD: It is so bizarre. How did she manage to get out of that coffin and ultimately out of the basement?
O`DONNELL: Well, it`s a truly remarkable story of survival, quite frankly. While the two were struggling, as Jamrose went up behind her, put his hand
over her mouth, and before he used the stun gun on her, they knocked over a jar of nails that was on a table that they had bumped into. She managed to
grab a nail, hide it from Jamrose during the sexual assault and while she was in the box she was able to remove the tape from her mouth, use the nail
to cut her ankle and knee restraints. And she was actually able to chew through the twine that had bound her wrists to then kick out of the box.
Found a hammer on the floor. Used that to get out of a locked basement. And then started walking down the street for help before a neighbor found
her and was able to take her to the hospital and take her to the police.
BANFIELD: Just it`s so unbelievable. Here she is at the sentencing, I mean, the fact that she could face this monster who did this to her in a
courtroom, but she did and she had something to say about what her life has become. Have a listen.
(BEGIN VIDEO CLIP)
[19:25:11] UNIDENTIFIED FEMALE: And because of this I am scared to have a relationship with anybody. I stay in my room a lot. I nap. And anybody
who`s a guy in my life --
(END VIDEO CLIP)
BANFIELD: So there he is listening. And he got his chance as well to give his comment before sentencing. But not before his lawyer argued that he
had been a very productive member of the community. That`s outside the basement. Also he apologized. But while he was giving his statements,
that victim walked out, didn`t want to hear a word of it. Good for her. He also, of course, had blame for someone other than himself or something
other than himself, prescription drugs. Here`s how he put it.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: I am really sorry for what I have done to her. I never in a million years ever wanted to hurt her.
(END VIDEO CLIP)
BANFIELD: I`m sure you are sorry. But you didn`t want to hurt her, and yet you locked her in a coffin.
Dr. Bober, one of these details, I mean, a million of them made me sick, but the one detail that really stuck out was him putting her in that coffin
with a red blanket and a teddy bear? Does it say anything to you?
DR. DANIEL BOBER, FORENSIC PSYCHIATRIST: We see this behavior in other types of individuals, Ashleigh. This man to me seems like someone in his
real life is probably incompetent with women, may even be impotent. He is someone who himself may have been a victim of abuse and is acting out these
sexually deviant fantasies for his own gratification.
BANFIELD: I mean, honestly, to say in court I never wanted to hurt her, do you believe that in his own mind he thinks that, or is he making an excuse
because you can`t stun gun someone, rape them, have a ball gag handy and put them in a coffin duct taped if you never want to hurt them. So what do
you make of this garbage in court, I never meant to hurt her?
BOBER: I think he is a psychopath. I think he`s a liar. I don`t believe he has an ounce of remorse. And I think he will say anything he can to
lighten his sentence. That`s what I think.
BANFIELD: Yes. So here`s what the assistant district attorney had to say about this poor woman in the future that she`s got ahead of her. Have a
listen to this.
(BEGIN VIDEO CLIP)
RALPH UTTKE, MARATHON COUNTY, ASSISTANT DISTRICT ATTORNEY: The terror that this young woman had to go through when she is placed in that box, and the
time before that, and I`m just amazed at the strength that she showed. She did everything right that we would expect of anyone in this case. And
thank god she did.
(END VIDEO CLIP)
BANFIELD: So I`m glad that Ralph Uttke has those things to say.
But Heather, I don`t understand why you have to have a plea bargain with a guy like this. Usually the girl dies.
HANSEN: Right.
BANFIELD: And so you have to do all the forensic chain connection to try to get reasonable doubt if you`re the defense attorney, and no reasonable
doubt if you`re the prosecutor. In this case you have got the woman to say he did this. That man did this to me, and there`s the evidence. Why a
deal?
HANSEN: I have no idea. And I want to find a reason. Not just because I`m a defense attorney, but because I want to believe that the people who
should be locked up for a long time get locked up for a long time.
BANFIELD: Thirteen years he got, are you ready for this? He got 13 years for this. He has already been in the slammer for a year-and-a-half pending
this trial. So he gets credit for that. Eleven-and-a-half years, friends, take a good look at that face, eleven-and-a-half-years. Allen Jamrose, 56
years old will be walking amongst us at age 67. And P.S., I have covered many cases of 67-year-olds doing this stuff.
HANSEN: And well, that`s the concern. It doesn`t make any sense to me the false imprisonment claim was dropped. It doesn`t make any sense to me that
the battery claim was dropped. So you have to try to imagine that there must be something that the prosecutor sees, again, as a weakness in the
case. Because that`s why they do these deals. But this one just seems surreal --
BANFIELD: Sorry to say nail in the coffin on this one.
But Dr. Bober, eleven-and-a-half years from now Allen Jamrose, let`s say his name again, Allen Jamrose will be walking amongst us at age 67. You
are the doctor. Could he be cured of the sickness he possesses in order to have committed the sick crime he did by the time he gets out?
BOBER: I as a forensic psychiatrist wouldn`t have any, you know, I would have a lot of difficulty foreseeing a day where I would feel like this guy
would be safe on the street. But there will be a time when that`s exactly what they will be looking to do. I think the real story in this case is
this woman who is such a survivor, the tenacity, the ingenuity to come up with a way to escape that she did and she literally, you know, clawed her
way out of there, and that`s a testament to her character and her inner strength.
BANFIELD: The whole thing is so appalling.
My thanks to Dan O`Donnell helping us navigate through the ugly details. Dr. Daniel Bober, thank you for your insight. Heather Hansen, I`m going to
ask you to stay, if you will.
[19:30:04] Tonight in Texas, there`s an urgent search underway for three guys, they are suspects in a very brutal home invasion where a 7-year-old
boy, a 7-year-old boy was tortured in order to tell the attackers where his family`s valuables were. And police hoped that their extremely distinctive
clothing might just help lead to their arrests. So, take a really good look. Suspect number one had the gun, and this is what he was wearing. He
had black Nike sneakers, but this very interesting vintage black Air Jordan sweatshirt with the name Jordan spelled out in white, down the sleeves,
very unique. Someone knows that shirt. Police say the other two suspects refer to him as "D." And he was the one who tortured the child. So, look
closely. Do you recognize that sweatshirt? Look closely. A 7-year-old was tortured for information about valuables.
Suspect number two was wearing a white hoodie with the word "change" written across the front, or at least something under it may have said
"change." And suspect number three had some unique red sneakers on. So, look at those pants and look at those sneakers. Officials believe those
are Jordan basketball shoes. He also had on a dark hoodie and black sweat pants with the white stripe down the side. It may be words, may be a
stripe, hard to tell. But that`s a unique look, those are unique shoes. You may know those people, you may know those outfits, you may know just
the way they stand. Police say these intruders took cell phones and jewelry and the father`s wallet and the boy and his father needed to be
treated for their injuries. There`s a $25,000 reward out there as well for any information that leads to their arrest and to the rest of us being a
little safer once they are off the streets.
Joseph Merlino is staring at a life sentence after the cyanide poisoning of his ex-girlfriend on Valentine`s Day. But now for some weird reason, he`s
decided he`s on a hunger strike, and he wants the sheriff to leave him alone and stop force feeding him. But the sheriff wants to know why he has
to keep sending doctors in at a price tag that will blow your mind. That`s next.
[19:35:00] (COMMERCIAL BREAK)
BANFIELD: Lots of people go on Etsy, the Web site to get a Valentine`s Day gift for their special someone. And lots of people do lots of research
finding that perfect present. Joseph Merlino is one of those people. According to prosecutors, his story, though, is just a little bit
different. They say joseph was shopping for his ex-girlfriend and decided to buy her a syringe, which they say he filled with cyanide. And when
Ellie Tran came home on Valentine`s Day, he was caught on camera attacking her out of the blue, jabbing something into her leg. That something ended
up killing her. But not before her mom says she identified that ex- boyfriend, Joseph, the father of their 2-year-old, their daughter. Now, Joseph Merlino is a convicted murder.
And here`s where things get weird. For some bizarre reason, Joseph has decided to go on a hunger strike in jail, refusing to eat, and refusing to
admit that he`s the killer, though it doesn`t matter; he was convicted of first-degree, and he`s facing a lifetime in prison when he`s sentenced.
But he is determined, somehow, to clear his name.
(BEGIN VIDEO CLIP)
RICHARD DOUMMAR, DEFENSE ATTORNEY: The defendant was 2-1/2 to three hours away when this crime took place. We intend to provide evidence to prove
that at the appropriate time.
(END VIDEO CLIP)
BANFIELD: Joining me now, Jane Harper, reporter with the Virginian-Pilot. She covered the trial of Joseph Merlino. Also, Mario Lorello, the
Assistant Commonwealth`s Attorney who prosecuted Joseph Merlino is with me. Chief Deputy Rocky Holcomb with the Virginia Beach Sheriff`s Office is live
with us tonight. And defense attorney Heather Hansen remains with me as well. So, first to you, Jane, this fellow, Joseph Merlino is talking a lot
from behind bars. Is he giving a reason for why he is hunger striking, a legitimate reason, any reason?
JANE HARPER, REPORTER, THE VIRGINIAN-PILOT (via telephone): Well, he did talk to a couple of local T.V. stations. And he told them that he was
protesting conditions at the jail. He said that he had been in isolation for 60 days, was being kept in a very cold room and practically naked. But
he was also sent to a state mental health hospital to check for his competency. And he told them that he feared being poisoned.
[19:40:00] BANFIELD: Because there were a few times when he was being asked exactly what`s your strike about, and he talked about, you know,
philosophies, that he would at some point, when his attorney was present enlighten us with. Has he ever told us what his philosophies are as part
of his hunger strike?
HARPER: No, I don`t know what is about that. I haven`t heard about that.
BANFIELD: And at some point, he also tried to delay his trial because of this hunger strike, correct?
HARPER: Correct. His lawyers filed a motion and they were asking to have it delayed, partly because of the hunger strike, saying that they
questioned whether he would have the stamina and they had not had enough time to prepare for the trial.
BANFIELD: Well, it went ahead anyway. And his hunger strike now used to involve Gatorade and water, now no Gatorade, no water, no nothing. Now, we
all know, I think, it`s about seven days or so that the typical person can survive without anything at all, any water. So, the timing is critical
here. Mario Lorello, as the assistant commonwealth attorney in the case, was this case difficult? I mean, was it kind of slam dunk? Because
reading about it, it sure seems like it was a slam dunk.
MARIO LORELLO, ASSISTANT COMMONWEALTH ATTORNEY (via Skype): Well, Ashleigh, thanks for having me in. And I think that when you just look at
it in the newspapers and read it, it does come across that way. But you have to remember that when this case first slid across my desk, all we
really had was the video. Since then, Mr. Merlino, obviously, did a number of things, such as writing the encrypted letters from the jail, which were
deciphered by the FBI, and then of course, our forensic experts were able to download all the information off this computer which, of course, had
some extraordinarily incriminating information on it. But from day one, no, it wasn`t a slam dunk and we had to really build this case from the
ground up in order to get where we are today with the conviction.
BANFIELD: So, some of the things that you were able to dig out after finding the video, and by the way, we should mention, when you see Ellie
Tran jumping up and down on her porch after she`s attacked by Joseph, the cyanide hasn`t kicked in yet. It does once she gets into the house. It is
becoming deathly clear that she is not going to survive. I want to just read some of the coded messages, Mr. Lorello, that you were able to find
out about in this case because it turns out that Joseph Merlino was sending coded messages trying to make sure he had an alibi. The first one reads,
another thing, I need you to forge some paperwork together, getting someone to say they saw me on February 14th, U.S. time. This was, what, in a
letter to his girlfriend, apparently he had a girlfriend in China. And he was trying to coach her about not only that, but how to testify. What else
did you find him telling her?
LORELLO: That`s right. Ultimately, the FBI`s report about these encoded letters, and I think there were probably over 15 encoded letters, many of
these were five, six pages long, very tiny handwriting. But in the 40 pages of decryption, what you`ve just read is pretty consistent with
everything else he`s writing. He`s taking great lengths, great efforts to try and concoct and create an alibi, going so far as to actually writing
out a chat log, line for line, that he wants his girlfriend in China to create for him. He`s also encouraging other people --
BANFIELD: Yes, he also -- it`s important to note, he was also found buying the antique syringe on Etsy and did searches for how many milligrams of
cyanide will kill you and what if cyanide gets injected. I want you guys all to stay put, if you will, because when we come back, Chief Deputy Rocky
Holcomb, I want to ask you about this whole hunger strike bit because I think a lot of people watching would say, let him go. If he wants to go,
he`s a murder, let him go. You on the on the other hand, you`ve got a whole bunch of issues you need to wrestle. We`re going to talk about that,
next.
[19:45:00] (COMMERCIAL BREAK)
BANFIELD: We`re still talking about the worst Valentine`s Day, ever, the day Cupid`s arrow was poisoned, and a beautiful 35-year-old mother was
attacked on her own front porch with cyanide. The jury just sentenced her ex-boyfriend to life in prison for it. But Joseph Merlino insists he
didn`t do it. And now, he`s on a hunger strike in jail.
(BEGIN VIDEO CLIP)
JOSEPH MERLINO III, CONVICTED OF POISONING EX-GIRLFRIEND: There is a completely reasonable reason why I`m not eating right now at this point.
I`d like to -- this is just -- this is just the therapist I`m just talking about, you know, the conditions right now. And for any other issues, I`d
like to have my attorney present. This is in no way, shape, or form about any publicity. This is getting a message across.
(END VIDEO CLIP)
BANFIELD: Getting a message across. Well, I know that prosecutors think the message was I want to look a little different. You know, I want to
change my appearance by shedding, I don`t know, a dozen pounds, maybe more. But Chief Deputy Rocky Holcomb, you have to deal with this. I mean, the
guy has been on water and Gatorade, and now isn`t on Gatorade anymore. And as I understand it, correct me if I`m wrong, this is costing the taxpayers
$100,000 a week for the medical care that he requires, is that right?
CHIEF DEPUTY ROCKY HOLCOMB, VIRGINIA BEACH SHERIFF`S OFFICE: Yes. Thank you, Ashleigh. And first, let me say, thank you to the Commonwealth
Attorney`s Office and the Virginia Beach Police Department for bringing this case to justice. And yes, we estimate that that has been the cost to
the taxpayers, approximately $100,000 in 24-hour care for this individual.
[19:50:06] BANFIELD: So, I guess the question would be, let him die. I hate to say that. But if that`s his choice, if he chooses to stop eating,
he is a convicted first-degree murderer, why not just let him have his wish? I know you went to the court in order to request forced feeding him.
Why would you want to do that?
HOLCOMB: Well, here`s the thing, Ashleigh. We have a legal and ethical obligation to keep people from dying. And we`re not concerned about the
charges or a jury of his peers have found him guilty. And he has a sentence of life. And we`re going to make sure that he stays alive. And
is able to carry out that sentence here in our jail.
BANFIELD: So, the weird part is, the judge said no, you cannot force feed him, but that`s not the end of it, right, you have another option in terms
of fighting for that?
HOLCOMB: Well, we`re exploring other options. Listen, we respect the -- we respect the judge`s decision, but we`re certainly exploring other
options. The fact that the constitution of Virginia allows us to take someone`s life but not save someone`s life is a -- is a bit alarming, so
the sheriff and I here in Virginia Beach have both served in the Virginia General Assembly. And we may look to some legislation in the general
assembly moving forward to change this.
BANFIELD: It`s also weird that you can take a life if that`s what the sentence is but if he wants to take his own, he can. It`s all very
complicated. Real quickly, Heather Hansen, the law here, the sheriff says he might have to go, you know, get the law changed. Do the taxpayers have
any rights here, $100,000 a week for this jackass?
HANSEN: Unfortunately, no. I mean, the reality of the situation is the courts are going to have to battle out his constitutional rights.
BANFIELD: All right. Well, listen, thank you, all. I think it`s a super interesting story. Very complicated. But in the end, there`s a woman
who`s dead, there`s a man who did it, and I think a lot of people would kind of hope that, you know, he would be dead at some point, too, if that
were his wish. But it is what it is. Jane Harper, thank you, I appreciate that. Mario Lorello, thank you as well. Chief Deputy Rocky Holcomb, thank
you. And Heather Hansen, you don`t get to leave just yet.
In HLN`s Original Series "INSIDE EVIL WITH CHRIS CUOMO," Chris takes viewers inside the country`s most dangerous minds. And this week, Debra
(ph) thought that she found her perfect match on the dating site but the man behind the screen was not what he seemed. Chris Cuomo unravels the
twisted tale of what happened to a woman and her family when her promising love story went horribly wrong and someone ended up dead.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: I think John lied about almost everything. I find that he was definitely in prison, not just once but twice.
CHRIS CUOMO, HLN HOST: He had been sent to prison in Michigan in 2002 for drug theft. Since then, most of his crimes centered around women.
UNIDENTIFIED FEMALE: There was a site called womansavers and they talked about him on this site that he had literally taken fur coats from women,
money from women, stalking women, so on and so forth.
CUOMO: Several women had taken out restraining orders against him. What he did to one of them even sent him to prison a second time, after he sent
nude pictures of her to friends, family and colleagues all because she refused to give him money.
UNIDENTIFIED FEMALE: He would convince you to take nude photos and then he does that very early in the relationship and then if anything happens after
that, he`s got you. And he would use those photos as a weapon against you to get you to do things: give him money, continue to have sexual
relationships with him.
(END VIDEO CLIP)
BANFIELD: You don`t want to miss this week`s "INSIDE EVIL WITH CHRIS CUOMO." It airs Sunday 8:00 p.m. Eastern and Pacific on HLN. The music
gives me the willies. OK. I have to do this. I got to get the cop and donut jokes out of the way. But you are never going to believe who tried
to rip off the Anchorage Police in broad daylight amidst dozens of cruisers and beautiful mountain scrapes no less. The video and "ONE MORE THING"
straight ahead.
[19:55:00] (COMMERCIAL BREAK)
BANFIELD: "ONE MORE THING" for you tonight, move over pizza rat, I`d like you to meet donut squirrel. And to add insult to injury, this fluffy
little squirrel was spotted with the goods in the Anchorage Police Department`s parking lot, prompting one of the officers to post this, "He
stole a perfectly good donut from a cop. That`s a straight up felony. Also, it`s rude." But it is adorable and it`s why it`s "ONE MORE THING"
tonight. I could watch it over and over again. See you back here tomorrow night at 6:00 eastern. You can also listen to our show any time. Download
our podcast on Apple Podcast, iHeart Radio, Stitcher, TuneIn, or wherever you get your podcasts for your CRIME & JUSTICE fix. Thanks for watching,
everybody. "FORENSIC FILES" begins right now.
END