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Crime and Justice With Ashleigh Banfield
Teen To Use Acne Meds As Murder Defense?; Ten-Year-Old Girl Murdered; Highway Horror; Urgent Hunt; One More Thing; Cops Fear Missing Mom Was Abducted; Couple Smiles For Arrest Photo. Aired 6-8p ET
Aired July 18, 2018 - 18:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[18:00:00] UNIDENTIFIED FEMALE: Relax, Obama, relax. OK, "Crime and Justice with Ashleigh Banfield" is up right now.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: She says she forgot where she left her 4-month-old baby.
A mom vanishes.
Search crews looked for more than a day before finding the baby dead.
Tonight there is a recorded phone call reveals shocking new clues.
UNIDENTIFIED FEMALE: I will always keep a positive attitude and a smile on my face.
UNIDENTIFIED MALE: I saw a girl laying right here on the floor.
UNIDENTIFIED MALE: A beautiful college co-ed is stab to death at her own home.
UNIDENTIFIED MALE: I heard a thud -- thud --thud.
UNIDENTIFIED MALE: Now her accused killer. A baby-face 16 year-old maybe planning a bizarre defense. Did his acne medication lead him down a path
to murder?
UNIDENTIFIED FEMALE: The same rock that police say came flying off Joe Check`s dump truck --
UNIDENTIFIED MALE: Traumatic for the families and the officers as well.
UNIDENTIFIED FEMALE: 67-year-old Karen Christiansen, her 32-year-old daughter Jenna were headed north on the road.
UNIDENTIFIED MALE: We don`t see this type of accident every day.
UNIDENTIFIED FEMALE: The boulder came off, tumbled and struck the family`s car. The women died at the scene.
UNIDENTIFIED MALE: She has not been on social media for over three weeks now, it`s concerning to us.
UNIDENTIFIED MALE: Is this missing woman being held against her will? A desperate search heats up.
(END VIDEO CLIP)
JESSE WEBBER, GUEST HOST, HLN CRIME AND JUSTICE: Good evening, everybody. This is "Crime and Justice." I`m Jesse Webber in for Ashleigh Banfield.
Tonight in North Dakota, a young mom sits behind bars. A young mom who handled a tragedy the best way she knew how, or a cold, careless woman who
let her child die. The body of her 4-month-old son was found in the reeds by a swamp by locals who spent two days looking for him, but while her
community rallied together to find this missing baby, Justice Lang, wasn`t part of the search party, because police say she`d abandoned that baby in
the woods. And before she told police her whole story, saying she simply forgot the last four days, Justice talked to a friend on the phone, and
that story went a little different. Because she seemed to remember all the important parts, like taking baby Tear for a road trip, laying with him in
a field, giving him water when he cried. Realizing he`d become unresponsive, trying to give him CPR, and when she realized little Tear was
dead, she described saying her goodbyes, covering him with brush, and leaving him in the reeds. Justice had four months with her son, but she
could spend 15 years behind bars, because now she is charged with child neglect and manslaughter.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Manslaughter, code section .11602, by recklessly causing the death of another human being.
(END VIDEO CLIP)
WEBBER: Joining me now, Sheriff Chad Kaiser of Stutsman County, North Dakota. Dr. Tim Gallagher, a medical examiner and forensic pathologist,
and Kirby Clements, defense attorney. Thank you all for joining us. Sheriff, I want to start with you. I can only imagine how difficult this
is, but I want to take a step back and understand where we`re at. The story that she first told is radically different than the story we know
today. Can you explain to us, what was the first story she told and how is it different from now?
SHERIFF CHAD KAISER, STUTSMAN COUNTY SHERIFF`S OFFICE: Sure. Back in 6/28, she was reported missing. On 6/28, her boyfriend stated that she had
been missing for a while, we put out a bolo for her and her 4-month-old son, to be on the lookout for her, and she was driving a vehicle at the
time, and we also put out the bolo for that vehicle as well. The vehicle ended up being reported stolen out of another community north of us. And
also attempted to locate that vehicle.
Then, at that point, on 7/2 is when the bolo went out, when the boyfriend had called us. She had been missing since the 28th of June. Then on the
6th of July, the grandparents had called us, grandparents from Carrington, North Dakota, which is north of us, the community north of us. She -- they
reported that she showed up around 9:00 at that time. And once she was picked up from Carrington, she was taken to the Carrington hospital.
[18:05:10] WEBBER: Sorry to interrupt. Where was she picked up exactly? Wasn`t she picked up walking along the side of a road?
KAISER: Correct, yes. She was -- on the 6th of July, she was picked up in Honor County, it is called Woolworth area, in a rural area, picked up
walking on the road on the 6th.
WEBBER: And she didn`t have her baby with her, baby Tear, did she?
KAISER: She did not have her baby. She showed up in Carrington at her grandmother`s house without the baby.
WEBBER: Did she mention where the baby was? Did she mention where the baby was when she was picked up?
KAISER: She did not. Once our investigators went up and spoke to her, she stated that the baby was located near a bigger body of water, in that area,
was the last she had seen the baby.
WEBBER: So they pick her up. She says her baby is in the water, but she doesn`t say anything at first when she is picked up. What about what she
is wearing? What are the articles of clothing that she is wearing? Because what we read, it seemed that she had been living out in that area
for days. There was any explanation about how she was living out there?
KAISER: Yes. She had been out there for several days, and she didn`t have any shoes on. She had been bitten up by mosquitos and had a few ticks and
that kind of thing. She also had sunburn. So you could tell that she had been out in the elements for some time.
WEBBER: Sheriff, I got to ask you the million dollar question. Was she high on meth or some sort of other drug? Because that seems to be what the
reports are.
KAISER: Well, the day -- she did admit that, the day she went missing on the 28th, she did admit to using meth.
WEBBER: Ok. Well, here`s the interesting part about this story, from our CNN affiliate, KVLY, they have discussed -- they have reported that Lange
originally had a phone conversation with a close friend. And that close friend reported that she recorded this conversation without Lange knowing
about it. And that story that you just told, which is the latest update is different from what she originally said to the friend. Now, she said to
the friend that she had stopped at a bar in Jamestown. She said that her vehicle was having problems, she got the vehicle fixed. She ended up going
to a field nearby, her baby, baby Tear, she was crying. She tried to help the baby, gave him a little water. Ha a head band, tried to help in some
way when at some point, the baby became unresponsive, she tried to perform CPR and she just gave up. She gave up and she decided to leave the baby.
She said goodbye to the baby. She said her goodbyes. She covered him up as best as she could and she started walking. Now I know we`re still
trying to understand what that phone call is, but that is very different from what we`re understanding today.
KAISER: Yes, and some of that, bits and pieces of that story, there`s reports of, she went to a bar in that Woodworth area, there`s a little town
called Woodworth, that so -- on the 28th, she did go to a bar for assistance, need some oil or something of that sort for the vehicle. Other
than that, just the report of what I just said to you, is what we did receive from her.
Now, on the 7th, bypassing the 6th, when she was -- the mother was found, we did do a search of that body of water, extensive search, with several
people, didn`t come up with anything. We searched again on the 7th, the following day, started early in the morning due to the heat. We started
very early in the morning.
WEBBER: We`re showing pictures of this right now, the search for the baby. This is pretty incredible. And again, I am so sorry for what you and the
community are having to go through to search for such a baby. And I want to talk about baby Tear right now. So let me bring in Dr. Tim Gallagher
real quick. And Sheriff, I`m going to get back to you in a minute.
Doctor, do we know the cause of death? I know the autopsy report hasn`t been released yet, but I believe the first inclination was malnutrition.
What are your thoughts?
[18:10:06] TIM GALLAGHER, MEDICAL EXAMINER AND FORENSIC PATHOLOGIST: Well, thanks for having me on the show again. It would really depend on if the
baby was healthy beforehand. I believe that a child of that age can withstand not being fed for 36 to 48 hours. So, I would not hang my hat on
it being malnutrition right now. I would look for other causes of death before I settle on that. You know, she did say she was able to give the
baby water, because dehydration would be another thing that would be on my top priority when looking for the cause of death in someone of this age, in
this environment, but she did say the kid was able to drink water. And I don`t think that dehydration would play a lot into it. So as far as
dehydration or malnutrition goes, I would place that at this pint very low on my suspected diagnosis of his death.
WEBBER: Leaving a baby in the reeds. I can only imagine the horror of that. We are showing what a beautiful baby this was. It`s horrible to
think about it. We`ll learn more details as they come forth. Kirby Clements, I want to bring you in. So, she, the mother has been charged
with manslaughter and neglect of a child. How do you defend this? I mean, I was always taught, I am an attorney that if the child is in the care and
custody of the parent, she is automatically responsible if the child dies in that fashion? How does she mount the defense?
KIRBY CLEMENTS, DEFENSE ATTORNEY: Well, I think it`s going to have to go down to whether she was under the influence of drugs, and if she is
indicated that she went to a bar and took what she believe to be meth. So, that is problematic, but in one can suggest that it was introduced to her
in voluntarily or that she didn`t know that it was something else other than meth, she thought she was taking meth and someone gave her something
else and that accounts for her to missing the last four days and that when she came to, the child was pretty much about to pass away at that point in
time, that would probably the best defense, but at this point, given what she said to the police and that recorded phone conversation, she has made
her defense extremely difficult. Because it sounds like she was on a meth binge and the child died and then she just wandered off. That is what it
sounds like, but I would probably go for saying that someone gave her something other than meth at that bar.
WEBBER: Not going to lie to you, seems like a bit of a stretch, we have to see as more details go, but it is a defense to go with. Sheriff, I want to
bring you back in. Meth in the community, is this a big problem in the area? Do you see these kinds of situations happening? And I hate to say
it, with parents who are neglectful of children because of drugs?
KAISER: Yes, meth is prevalent in this area, like I`m sure it is everywhere. Meth and marijuana are both pretty prevalent in the area.
WEBBER: And what do we know about her fiance, her boyfriend Jason Wild? He -- as you said was the one who had a fear that she went missing with the
baby. Where is he? What`s his connection to this? Can you explain a little bit more to our viewers?
KAISER: Well, he also was arrested. He had -- as long as well as she did too, she had several warrants from different areas, and he also had several
warrants in different areas. And is right now in the Stutsman County Correctional Center.
WEBBER: Kirby, what is going to happen to this mother moving forward? I know there`s an issue with the bond. But real quickly, we have 30 seconds
or so. What`s going to happen to her moving forward?
CLEMENTS: What is going to happen right now, she is going to have to get a lawyer appointed to her if she can`t afford one. She is probably given the
financial situation probably not going to be able to make bail, so she is going to -- I would imagine stay in custody for the next -- well, until her
case was resolved, until she makes bail. But at this point, she has to get counsel appointed, maybe get an evaluation. But that is about all she can
do. It`s going to be the wait and see game. Maybe her lawyer will start talking to the prosecutor about some sort of deal early on.
WEBBER: And I am sure waiting for that autopsy report, exactly how the baby died will may be provide some more answers about a potential defense
at some kind, but it`s not looking so good for her. Sheriff, I want to thank you for coming on, I know how difficult this is. What a case must be
for you to cover. We wish you the best of luck as you continue to pursue this, thanks so much for coming on.
All right, next, he is staring squarely at a murder charge in the brutal stabbing death of a college co-ed, but this baby-face 16-year-old and his
attorney have hinted at a strange defense, that his acne medication may somehow be to blame.
[18:15:00] (COMMERCIAL BREAK)
WEBBER: You know, for most people, acne causes skin irritation or even unhappy year book photos, but in Colorado, acne may have led to the violent
death of a 20-year-old girl. Or at least that is what attorneys for her suspected killer have reportedly suggested in court. Acne medication, that
is. Aidan von Grabow was just 15, when police say he broke into Makayla Grote`s house and stabbed her to death. A girl with her whole life ahead
of her and big dreams of being a professional race car driver.
(BEGIN VIDEO CLIP)
[18:20:07] MAKAYLA GROTE, VICTIM: Hello, my name is Makayla Grote. I`m 19 and I drive modified out of Long Mont, Colorado. On the track, I race my
competitors clean and I always clear my head, before each race, removing everything that has happened prior and focusing on what`s right in front of
me. Off the track, I will always be the first to offer help to a fellow competitor and I will always keep a positive attitude and a smile on my
face, no matter what`s happened on the track.
(END VIDEO CLIP)
WEBBER: But Makayla will never race again. And police say Makayla may not even had been the target that night. In fact, they say Grabow, planned to
kill her sister, who is reportedly one name among many of his so-called death list. Fortunately, he was arrested before he could claim any more
victims. And he was charged with first-degree murder and three charges of attempted murder, but he just pled not guilty to those charges, and his
attorneys have hinted at a bizarre defense, that Aidan might have suffered from involuntary intoxication, caused in part by acne medication.
Joining me now, Jenna Ellis, attorney and host at KLZ radio, Dr. Tim Gallagher is back with us, a medical examiner and forensic pathologist, and
also back with us again, defense attorney Kirby Clements.
Jenna, I want to start with you. How did this all start? I understand it was over the span of a two day disturbing period. So take us back there
and try to understand what happened.
JENNA ELLIS, ATTORNEY AND HOST, KLZ RADIO: Yes, this actually even started a month prior with von Grabow actually contacting Nicole, who is the little
sister of the 20-year-old victim. And he had sent her very disturbing snapchat messages, according to police reports, and indicating that he
actually had this so-called death list.
WEBBER: You know what, Jenna, sorry to interrupt. We have those snapchat messages. I want to show those to our viewers if we can. I want to pull
those up, because it`s one thing to talk about them, but let`s read them out. So these is some of them. It is not pretty for people on this list.
The rules are one, pick a target, two, get info on the target, three, eliminate the target.
Also if you tell anyone, I`ll make sure you`re next on the list. She says, just tell me what could happen to and that part we can`t see, she hasn`t
done anything wrong. What does he say? A 13-inch steel hunting knife. That is just the start. Aidan says, what would you do to keep your friend
alive? I know that you know. She responds, anything. He says, really? Yes. I`m done playing this stupid game with you. And he says, sadly, it`s
not a game. Jenna, please, I am sorry to interrupt, but those we had to tell those snapchat messages. Please continue.
ELLIS: Absolutely. So this, of course then is reported to police and the police actually interviewed Von Grabow and he said that he didn`t really --
he wasn`t really serious with those messages and was just using that to relieve stress. The report also indicates that he had been diagnosed with
severe depression, and although it`s unclear how long he might have been taking the acne medication, along with his anti-depression medication, that
is now what defense attorneys are asserting may have been the cause of these particular messages as well as what led up to the incident in
November, which started, as you said, Jesse, as a two-day event. First, he had threatened his parents with felony menacing, which resulted in a phone
call to police. And then the next day --
WEBBER: Wait, Jenna, sorry to interrupt you again. Wasn`t there a package delivered at the house that had a whole bevy of things for him?
ELLIS: There was. And it was one of his grandparent who is actually received the package and looked through the contents and there were a lot
of knives as well as some other disturbing objects, that really concerned the grandparents and that is what also led to his parents ultimately
questioning him about this, according to police reports, and then led to Von Grabow apparently swinging a knife at his mother, who called the
police. And they responded to that potential felony menacing incident.
So that happened the day before, unfortunately, 20-year-old Makayla Grote of Long Mont, Colorado, was found stabbed in the head, as well as other
areas of her body, and she died a few hours later at the hospital. And then Von Grabow was arrested for that and even though he is just 15, at the
time of the alleged incident, he is being tried in Colorado as an adult.
WEBBER: OK. So let`s talk a little about the injuries that she sustained. Let us bring back in Dr. Tim Gallagher. You see that autopsy report there,
those are severe, deep wounds. From your perspective, what do you make about that?
GALLAGHER: Well, those wounds look like they would definitely be fatal, certainly instantly incapacitating.
[18:25:00] WEBBER: By the hairline, right by the hairline, look at that one.
GALLAGHER: Say it again.
WEBBER: The one right by the hairline, right into the forehead.
GALLAGHER: Right. That one, apparently, was just a three-eighths of an inch deep, not very deep, so that it reflected off the skull, did not
penetrate into the brain. The one into the chest is right over the area of the heart, and that looks like it may be the fatal wound. If that is the
fatal wound, it`s certainly is unrepairable and instantly fatal.
WEBBER: OK. So we know that Michael Brown, who is a neighbor, he reported what he heard during this attack. I think we have that sound bit. I want
to play that right now.
(BEGIN VIDEO CLIP)
MICHAEL BROWN, NEIGHBOR, WITNESS: I heard a thud, thud, thud. I opened up my living room door, and look out here and saw a girl laying right here on
the floor. She wasn`t responding. I yelled, are you OK? And I screamed for help. A man with a motorcycle jacket, motorcycle helmet, gloves, and a
knife in his hands, was coming down the stairs, and he saw me. I backed up from her. When he saw me backing up, I ran further, because he started
coming after me.
(END VIDEO CLIP)
WEBBER: Wow. Did you hear that? That is an eyewitness account of the actual killing. Now, this death list that they found, investigators,
wasn`t the only thing they found. We have a list of everything that was found in connection with this crime. I want to pull that up right now so
our viewers can see this. Because it is quite a list. Molotov cocktails, knives, dark clothing, boots, face mask, goggles, duct tape, love the way
he spelled it there, head lamp, flashlight. Now a hatchet. He wanted a hatchet, but I don`t think he found one. They didn`t find that on the
property. Bleach, gloves and a map. Jenna that is quite the laundry list of things. And top of the fact we know a little bit more about this man, I
don`t even want to say man, he was 15 years old at the time. The question is, what do we know a little bit more about his behavior and his demeanor,
especially in light of this list?
ELLIS: Yes, not only the list that is certainly disturbing as well as the snapchat messages, but also when he was being interviewed by police, his
dad was there and made a reference to two cats that had been killed on their property recently. And according to the police report, at that time,
Aidan just looked over at his dad and smirked. And so the attitude there according to police report was very non-challan and really showed no
evidence -- remorse or anything other than just a steely exterior. So police reports have also indicated that the erratic behavior began about
the time that he was diagnosed with severe mental health issues.
WEBBER: OK, Jenna, so glad you brought that up. I want to bring on Kirby right now. OK, Kirby, I`ve heard of involuntary intoxication, I heard it
with alcohol. I heard it with drugs. Acne medication? There`s no way that this can possible fly in a courtroom.
CLEMENTS: Actually, it will fly very well. Because we have a history here. I don`t think this is really involuntary intoxication, it is more of
a combination of his major depressive disorder, the antidepressants that he was on, coupled with the acne medication. All these things were going on,
but if you look at the history, he`d been expelled from school or suspended from school for threatening kids. His pattern leading up to this clearly
showed someone who was mentally unstable. And the thing with medication, you got to understand, it`s not like you take a pill and you`re OK. He`d
been on the meds for about four weeks --
WEBBER: But a person can create a death list that are on this medication. That means, oh, they`re on it, it might excuse an attack, but to create a
death list and have all this behavior beforehand, the snapchat threats, really?
CLEMENTS: That is all part --
WEBBER: When does it start? It excuses behavior for a long period of time?
CLEMENTS: No, I`m not saying that it excuses his behavior. And explains his behavior. That is the difference, we`re looking to figure out, how did
this happen. And we had someone with major mental illness, diagnosed recently, given medication that probably hadn`t been adjusted properly at
this point in time, coupled with the acne medication and you look at his aberrant behavior and when it started and it started around the same time.
So you have a direct link. This is not one of those case where we say, oh, it must be this. This is one where the history clearly shows it. And
quite honestly, the police probably should have done something when they found that first list, as opposed to accepting his excuse he gave. I`m not
blaming them, for what happen, but there was plenty of time to intervene given all the warning signs.
WEBBER: Dr. Gallagher, is it possible that acne medication, whether alone or combined with an antidepressant could be a way of involuntary
intoxication here? Could it contribute to what happened, or is this just a stretch by his defense attorneys?
GALLAGHER: Excellent question. You know, the acne medication has been known to create suicidal ideations and depression. There is no history of
the medication causing violent behavior that includes homicide. So I would certainly exploit that as prosecution.
WEBER: All right. Well, we`ll have to see. This is a case to follow on many different levels. Jenna Ellis (ph), thank you so much.
OK, Washington, D.C. police have released disturbing new surveillance video as they search for the killer of a 10-year-old girl. Four men jumped out of
a car and began firing shots in all directions, into a crowd of people, striking Makiyah Wilson in the chest.
Makiyah was rushed to the hospital where she was later pronounced dead. Four other people were shot and wounded. Makiyah loved art and she loved
puzzles. You know what, she was going to enter the fifth grade. But that`s not happening anymore. Tonight, police are asking for your help finding
these gunmen.
Up next, when over a half-ton boulder rolled out of the back of a truck, Karen and Jenna Christiansen found themselves right in its path. Now the
driver of the truck is behind bars. We`ll break it down, after this.
[18:35:00] (COMMERCIAL BREAK)
WEBER: You`ve probably been in their position before, driving on the highway with a giant truck that`s transporting heavy materials, and you`ve
probably imagined the scenario when those materials fall off the truck and you have to swerve to save your life.
But Karen Christiansen and her daughter, Jenna, didn`t survive. That`s when a boulder fell off the truck passing by. A three by three-foot boulder that
weighed about 1,100 pounds. It managed to bounce off the center line before it slammed into their car. And polie say it wasn`t a freak accident that
the boulder fell off that truck.
(BEGIN VIDEO CLIP)
MITCHELL SCOTT, CHIEF, ROSEMOUNT POLICE DEPARTMENT: It`s evident to us that it was not secured in the back of the vehicle. You know, it`s very
traumatic for the families and the officers as well. It`s not like something -- we don`t see this type of accident every day.
(END VIDEO CLIP)
WEBER: Thank goodness we don`t. Because this, it took four firefighters to get that boulder off the car. And it took three days to track down the
truck driver who allegedly kept on driving when his cargo took the Christiansens` lives, cargo that he`s required by law to secure. Now, he`s
charged with vehicular homicide, and he faces 40 years behind bars.
Joining me now, Andrew Lee, co-host of "Justice & Drew" on KTLK-AM 1130. Dr. Tim Gallagher is back with us, medical examiner and forensic
pathologist, as well as the great defense attorney, Kirby Clements. Welcome back, everybody.
Andrew, I want to start with you. What do we know about the suspect here, Joseph Paul Czeck? What do we know about him? Did he have any violation in
the past? What do we know about this man?
ANDREW LEE, CO-HOST, KTLK-AM 1130 (via telephone): Joseph Czeck, he actually owns the business that was hauling those boulders of Czeck
Services out of Inver Grove Heights.
He`s a 33-year-old Heights-Eagan (ph) man, as you mentioned, facing multiple felony charges. He did leave the scene after the unstrapped
boulder, the unsecured 1,100 pound boulder, fell out of his struck and killed those women.
Investigation revealed that the truck driver, he pulled over about a mile later, pulled into a driveway, and then after the accident, started
strapping down the remaining boulders in the back of the truck.
So it certainly appears as if he was aware that this happened, aware that he was transporting these boulders in an unsafe manner, and then stopped.
Police say they never got a report of the accident from the suspect in this case.
WEBER: So that photo that we`re showing of the truck was right after the boulder fell off. You can probably imagine, that`s an 1,100 pound boulder.
If it fell off the truck, you probably would know that that would happen. I think it slammed into the ground and left a mark at one point. It is such a
heavy object there.
Let`s talk to Dr. Tim Gallagher a little bit about it. Can you explain the awful series of events about how this actually happened in terms of the
death of these two women? It`s not like it killed one woman. It killed both of them. So, was it the perfect mix of events, the speed, the proximity of
the cars? How did this happen? How did it inflict these injuries?
GALLAGHER (via telephone): Well, it certainly is a traumatic sequence of events.
[18:39:55] You know, I could imagine the boulder falling off of the back of the truck and then striking the automobile, killing possibly both of
them at the same time, or it may have incapacitated the driver to where she may have crashed and killed the passenger.
You know, certainly tragic and certainly the Florida Highway Patrol or the investigating authority would have more information about that, but that
1,100-pound boulder can certainly inflict fatal injuries onto people with very little effort.
WEBER: Do you happen to know if it would cause immediate death, if it would be suffering, is there any way to be able to tell from that?
GALLAGHER (via telephone): It certainly would suggest that it would cause immediate death. It looks like. If it struck the chest or the head of one
or both of the victims, immediate death would certainly be one of my top concerns.
WEBER: Here`s what I want to do. I want to talk about what the law is here. So, Rosemount Police Chief Mitchell Scott has talked about what the
law is. Let`s play that for you right now.
(BEGIN VIDEO CLIP)
SCOTT: You`re required by law to have whatever you`re hauling secured in your vehicle. So if you have a pickup truck and you have a fifth wheel or
like a lawn mower or a TV, UTV inside, you`re responsible to make sure it`s secure. Things happen out of our control all the time. So take the extra
time to make sure things are secure.
(END VIDEO CLIP)
WEBER: Well, that`s the law. Kirby Clements, what`s his best defense here? Let`s start off with the vehicular homicide. What`s his best defense moving
forward here because it appears based upon the facts that he knew that this boulder fell off and that he should have attached it.
KIRBY CLEMENTS, DEFENSE ATTORNEY: Well, the main defense in this matter would be whether there was some sort of a strap failure, that is he secured
the boulder, he secured the load, and maybe the straps -- what he strapped down failed.
I used to load freight when I was in law school and college. And sometimes you can have a failure of the things that you use to strap freight down
with. So that boulder could have been strapped down, it broke free or the strapping gave way and it flipped off, and he didn`t know that there was an
accident.
In fact, that`s really the only defense that he can go forward with, because he cannot knowledge knowing that it fell off and crashed into a car
and that he did nothing to help.
WEBER: It kind of ties into the other thing that he`s charged with, leaving the scene of a crime. Never a good thing. So, how is he going to
say, you know what, I didn`t know that the boulder fell off, this 1,100- pound boulder off the back of the truck? How is he going to say that he didn`t know that?
CLEMENTS: Because he drove over. From what I gathered from the evidence, it appears that he drove over some railroad tracks. So he can say all the
jostling that occurred or happened when he went over the railroad tracks.
He didn`t know that the boulder fell off at that point in time. It`s not like he would have felt the truck get lighter. He just didn`t know. I mean,
that`s really a strap failure and that he didn`t know.
WEBER: But he knew how many boulders were in the back of the truck. And he secured it. We saw the photo. There was one missing. That`s going to --
maybe an uphill argument.
CLEMENTS: That`s true.
WEBER: We`ll have to see. All right, anyway, a beautiful, young, Montana woman missing for more than a month. And now police say her sudden silence
on social media is a telling sign that she may be in danger. That story, when we return.
[18:45:00] (COMMERCIAL BREAK)
WEBER: We are tracking the urgent search for a missing young woman in Montana. The 23-year-old beauty, who police fear is being held against her
will. Jermain Charlo was last seen over a month ago walking in a residential neighborhood after going bar-hopping with friends.
It`s a typical night for a 23-year-old, with a 23-year-old`s online presence. Friends and family tell police that Jermain loved posting to
social media, but all of her accounts have gone dark, which has made investigators draw dark conclusions.
(BEGIN VIDEO CLIP)
GUY BAKER, DETECTIVE, MISSOULA POLICE DEPARTMENT: The fact that she has not been on social media for over three weeks now is concerning to us,
because her pattern of life prior to that was that she was on there frequently and daily, and she hasn`t been. So she`s somewhere where either
her ability to move about freely or have access to the internet is being restricted, but something is going on that concerns us because of her lack
of activity.
(END VIDEO CLIP)
WEBER: Joining me now, former NYPD sergeant and law enforcement trainer Joseph Giacalone. And back again, defense attorney Kirby Clements. OK, now,
I want to start with you, Joseph. First, can I say, thank you for your service? Is that the right way of saying it?
JOSEPH GIACALONE, FORMER NYPD SERGEANT, LAW ENFORCEMENT TRAINER: That`s great. Thanks.
WEBER: OK, how do they go about finding this woman? What is the steps, the coordination? I think it is between the police and the sheriff`s office.
How does this work?
GIACALONE: Well, they`re going to be looking at basically the three -- what I call forensic (INAUDIBLE): cell phone records, internet records, and
video surveillance.
WEBER: Of her?
GIACALONE: Of her, yeah. Her last whereabouts. I mean, this is where they will try to pin it down because the video surveillance could play a pivotal
role in this case. So, she was in a couple of these bars, she was at this store, this Farmers Market, so to speak. So there could be lots of videos,
a bank ATM, anything that could give them a clue of what happened.
Maybe she was abducted off the street or what have you.
[18:49:59] Remember, we have a story that said her friends dropped her off too. They can then verify that too.
WEBER: They say that they have tracking down persons of interest. What does that mean?
GIACALONE: Well, they have probably a few leads from just about what I was talking about before. So maybe she met somebody in the bar, maybe she was
walking with them, maybe she got into a car. So these are just some of the things that they have to look at. It`s going to be a puzzle.
WEBER: Correct me if I`m wrong, but timing is critical here. Right? It is the 48 hours, 72, the first -- what is the timing there that we need to see
some action?
GIACALONE: I will say the first 48 hours. We actually refer to it like the first hour of an investigation, how close that person was to where they
were looking is the most important part it. So they`re going to have to try to piece this together from that moment that she was last seen and see what
can develop.
WEBER: Listen, we are in 2018, I get social media, I do it myself. Is it fair to say that because she has been inactive on social media, there`s
something nefarious going on?
GIACALONE: It`s very bad. I mean, anybody with a 23-year-old daughter or around that, I mean, they`re glued to these phones and if they were doing
this before then all of sudden that stops, that`s not a very good sign.
WEBER: Isn`t it amazing, social media, we want them to be more on it right now. We`re encouraging it a little bit more.
GIACALONE: Yes. And the police when they are doing their press conference don`t sound so, you know, hopeful in this either.
WEBER: Kirby, I want to go to you now. If she is being taken under duress, if someone is holding her, what is the best legal option for that person?
What would you advise them to do? What is their best -- moving forward -- because they would be a defendant in an upcoming case. Kirby, I give it to
you. What would you say to them?
CLEMENTS: I would tell them that they need to limit their liability by letting this woman go. They can`t harm her because that will increase the
punishment. You`re not going to kill somebody because there is no statute to limitation.
So if you`ve broken the law already, let`s not make it worse. Let`s make it better. Get her somewhere safe. Let her go. Go get a lawyer and turn
yourself in. That`s the easiest way for this to end better for everyone.
WEBER: Because the charges and the outcome could be a whole lot worse. So Kirby, I hope everyone is listening. I hope everyone is listening out
there. But I want to talk a little bit more with you, Joseph, about this.
So, there`s a problem here, I know it. People come forward with fake tips. You see this. They see it on TV. How do you weed out fake information, fake
news? How do you weed it out from here?
GIACALONE: Sometimes it`s not so much fake to throw you off. In investigation, it is just that people are trying to help and they may
inundate you with all kinds of things like, I think I saw her at a car wash somewhere in Seattle. I mean, these are the things that can now eat up a
lot of the personnel and the time to do this.
So as a former law enforcement officer, you have to try to weed through some of those tips that you get because you never want to turn the public
off and say, all right, stop.
WEBER: Right.
GIACALONE: You want them to use the tip lines. So we want them to come forward with the information. And you as a police have to try to like
decipher about what is the good one like, what has said has meat on it, where you can actually go out and look for something.
WEBER: And real quick, we`re talking about social media. Can it be a really useful tool right now to track her and find her?
GIACALONE: Absolutely. Social media is the biggest investigative tool since DNA, as far as I`m concerned. It puts you at locations. It helps you
tie them down.
WEBER: So basically what you`re saying is, if anybody has information, come forward and use social media if possible as well?
GIACALONE: Absolutely. Especially with all the things like crime stoppers.
WEBER: Pretty amazing. I hope that they find her. I hope we get an answer to this because it`s a really sad situation. As soon as we have an update,
we will let you know.
Now, if you`ve been on the run from police for two months and finally they nab you after a car chase, would you be all smiles? We`ll tell you about
this cheesy pair, next.
[18:55:00] (COMMERCIAL BREAK)
WEBER: One more thing tonight. It`s not every day that a high-speed police chase ends with a group photo that looks more like a yearbook class
picture.
Suspects Matthew White and Amber Taynor were on the run in a stolen vehicle in Florida. When they were caught and handcuffed though, one of the
arresting officers had this photo taken with the couple. Isn`t that adorable? Look, they`re nodding in approval as they look at the snapshot of
an officer`s phone.
Unfortunately for them though, shortly after, those smiles were nowhere to be seen in their mugshots. I wonder why. Charges against White included
grand theft of a motor vehicle and evidence tampering. He and Taynor were charged with drug possession. Who said crime can`t be a little fun?
The next hour of "Crime & Justice" starts right now.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE (voice over): A landscaper turned serial killer?
UNIDENTIFIED MALE (voice over): Some blood inside the van.
UNIDENTIFIED MALE (voice over): Did this man dismember numerous bodies?
UNIDENTIFIED MALE (voice over): He`s just a regular guy out working in his yard.
UNIDENTIFIED MALE (voice over): And hide them in flower pots behind home in the area.
UNIDENTIFIED MALE (voice over): Oh, shoot. You know, it hit me hard.
UNIDENTIFIED FEMALE: I`ll always keep a positive attitude and a smile on my face.
UNIDENTIFIED MALE: I saw a girl lying right here on the floor.
UNIDENTIFIED MALE (voice over): A beautiful college co-ed is stabbed to death at her own home.
UNIDENTIFIED MALE (voice over): I head a thud, thud, thud.
UNIDENTIFIED MALE (voice over): Now, her accused killer, a baby-faced 16- year-old, may be planning a bizarre defense.
[19:00:01] Did his acne medication lead him down a path to murder?
UNIDENTIFIED FEMALE (voice over): The same rock that police say came flying off of Joe Czeck`s dump truck.
SCOTT: Traumatic for the families and the officers as well.
UNIDENTIFIED FEMALE: 67-year-old Karen Christiansen and her 32-year-old daughter Jenna were headed north on the road.
UNIDENTIFIED MALE: We don`t see this type of accident every day.
UNIDENTIFIED FEMALE: The boulder came off, tumbled, and struck the family`s car. The women died at the scene.
UNIDENTIFIED MALE: That she`s not been on social media for over three weeks is concerning to us.
UNIDENTIFIED MALE: Is this missing woman being held against her will? A desperate search heats up.
(END VIDEOTAPE)
JESSE WEBER, HLN HOST: Good evening, everybody. This is CRIME & JUSTICE.
I`m Jesse Weber in for Ashleigh Banfield.
Tonight, more dark discoveries in the dirt. The possible remains of even more victims of the suspected serial killer. Police say they found
something new every day they spent digging at a property where Bruce McArthur once worked. The 66-year-old former landscaper, you see him right
there, whose resume includes him being a Santa, is now behind bars for allegedly killing several local gay men.
(BEGIN VIDEO CLIP)
SGT. HANK IDSHINGA, TORONTO POLICE SERVICE: Bruce McArthur is charged with and alleged to have committed eight murders.
(END VIDEO CLIP)
WEBER: Wow. And police say that number will just keep on going up as they keep linking McArthur to buried body parts. They found mostly these
recently in flower pots and the ravine behind an old client`s house. They are following the lead of cadaver dogs, whose noses reported likely picked
up even fragments of human remains. And they just spent the last nine days sifting through the soil there, but it`s not the only place they`ve been
looking.
(BEGIN VIDEO CLIP)
IDSHINGA: We are investigating some 30 properties. We believe we have recovered more remains. We believe there are more remains at some of these
properties that we are working to recover.
(END VIDEO CLIP)
WEBER: Wow. Incredible.
Joining me now, Wendy Gillis, prime reporter with the Toronto Star. Joseph Giacalone, former NYPD sergeant and law enforcement trainer, and defense
attorney Kirby Clements.
OK, Wendy, want to start with you. Guess, the first question is, who is Bruce McArthur? Can you describe who this guy really is? What do we know
about his background?
WENDY GILLIS, PRIME REPORTER, TORONTO STAR: Well, I mean, as you said, he`s currently a 66-year-old man. He has worked in all kinds of different
capacities throughout his lifetime. He was a Santa, as you mentioned. He worked as a traveling salesman all across Ontario, the province, here, and
then most recently he worked as a landscaper. He worked at properties sort of all across the city, some pretty tony properties as well. And we also
know that he was formerly married -- he was married to a woman and has two children, and later came out sort of in midlife as gay.
WEBER: OK. So we know that, but he`s had brushes with the law before, correct? And it involved the gay community.
GILLIS: So he has, for sure, one documented interaction with police on Halloween 2001. He, actually, he beat another man with a pipe, quite
badly. And later on, ended up going to the police himself and turning himself in and saying, listen, I did this. It was thought at the time to
have been a bit of an aberration. He didn`t have a criminal record before that. He was trying to say maybe it was some kind of epileptic episode
because it was so out of character. And so that was the previous incident that police know about.
WEBER: OK. So we know that there are about eight victims, for what we know right now. Because number could keep go up, 2010 to 2018. We will
get into why it`s taken so long for this to happen. Those are the eight victims right there.
But y question to you is what`s he been up to the last eight years, and how did they finally catch him now? Because that`s the question. Was he a
suspect at any point? Why did they catch him now, and how did they do it?
GILLIS: Yes, that`s a question that many of us are still sort of waiting to find the answer to. We know that Bruce McArthur came onto the radar
most recently with police in the death of one man. That man is Andrew kinsman.
And so, he became a suspect or a person of interest in Andrew`s disappearance sometime in the fall of last year. And through that
connection, they were able to, I suppose, make connections to all kinds of other disappearances and ultimately charge him in eight men`s death.
We know that there was some sort of event that happened in January of this year, that they were able to arrest him in the death of Andrew Kinsman and
one other man. And then subsequent to that, they have continued to lay more and more charges, and now they are, as you said, up to eight.
[19:05:27] WEBER: Wendy, correct me if I`m wrong and I hope I`m wrong here, but did they not knock down his apartment, that he had a man tied up
to his bed? Please tell me I`m wrong.
GILLIS: Well, that is not information that has officially come from police. That is information that is coming from police sources and
multiple media outlets have reported that. But you won`t get the police officially confirming that.
WEBER: OK, well, I hope I`m not accurate about that, I don`t want to be. But let`s talk about what`s happening now. So he is now been charged with
cutting up bodies and locating them throughout all different kinds of properties. In fact, the police gave a presser where they talked to
different property owners. They believe these remains were scattered over 30 different properties. Let`s learn a little bit more about McArthur`s
past from the police.
(BEGIN VIDEO CLIP)
IDSHINGA: If anyone who has employed Mr. McArthur as a landscaper at their residence in the past is not contacted by investigators, I would ask that
you contact us as soon as possible, so that we can make arrangements to search your yards and gardens.
UNIDENTIFIED MALE: Decomposing bodies.
(END VIDEO CLIP)
WEBER: OK, that`s not the only thing the police said. Let`s talk a little bit more about the decomposing bodies.
(BEGIN VIDEO CLIP)
IDSHINGA: These remains are of individuals who have been dismembered. They are in various stages of decomposition.
DR. MICHAEL POLLANEN, CHIEF FORENSIC PATHOLOGIST FOR ONTARIO: We need to utilize many different scientific disciplines. Pathology, anthropology,
dentistry, fingerprints, all these modalities are integrated together to understand what`s happened.
(END VIDEO CLIP)
WEBER: Wow. Wow.
Joseph, got to talk to you about this, OK. How do you go about searching these properties, finding the different body parts, finding evidence? What
kind of thorough search is this? Explain it to us.
JOSEPH GIACALONE, FORMER NYPD SERGEANT AND LAW ENFORCEMENT TRAINER: OK. One of the first things you have to do is make a grid search because
they`re so big. Think of it as a football field, cut it up into quadrants and search each quadrant to find evidence, or in this case, body parts.
You have to identify every place that this guy has ever lived in or been to. Because at 66, I doubt this was his first rodeo. I mean, this start
very young, generally, when they are into serial killing.
WEBER: Are the police telling property owners, hey listen, you got to check your property if this guy ever came near it, you got to let us know?
Are they going to be looking for body parts in their flower pots and ravines?
GIACALONE: Well, one of the things you have is the cadaver dogs are going a big help. I have worked with them near New York City on some cold cases
that I had. The issue that it comes down to, there`s two words that scare the police, serial and decomp, right. Basically, that is when you have a
serial killer case, this is the kind of thing that puts a lot of pressure on the police department itself because the media wants answers. The
people wants answers.
These are the things that really frighten the general public. So they have a lot of work to do in finding out every step this guy has been. Because
there is likelihood that is there`s other body parts where he used to live.
WEBER: But I imagine there is immense challenge there particularly from the decomposed nature of the body parts. How do they identify that to a
victim or -- a victim that we done even know about?
GIACALONE: Well, that`s modern DNA, especially mitochondrial DNA. So that is derived from your mother. And these are the kind of things that we used
unfortunately after 9/11 to identify human remains from the world trade center. So it`s very effective tool in identifying people and remains.
The issue that comes down to, is that they have to get DNA from the families of these missing men. You, as the police, you have to now go
through every missing person`s case that could be tied to this guy and contact the families and get DNA samples.
WEBER: It sounds like a nightmare.
GIACALONE: It`s going to be a nightmare because like I said he is 66 and this is only going back to 2010. So you could be looking at decades worth
of information and reports that you have to go through. And remember, not everything is computerized back then either.
WEBER: OK. Well, let`s talk about the legal case with Kirby.
So Kirby, I`m no stranger to this. I understand how this works in the sense that, the judicial system, we got expense here. Do you think if they
say, hey, we can tie this man to four bodies, five bodies, let`s just give up about the rest? You know, we can charge him with enough. We will
charge him with multiple life sentences. Does it matter finding the victims in trying him for every single person he may have killed?
KIRBY CLEMENTS, DEFENSE ATTORNEY: Well, to that questions is to know, does it matter? Yes, it does matter up. But as a practical matter, would the
prosecution in this case say that we are going to determine who all the victims are, but we`re going to pick the ones that we know we can prove
that he was the cause of death. We have a clear case. Get multiple life sentences and that`s going to be it.
Yes, I mean, that`s happened plenty of time before so that is a reasonable thing. But to make sure that every victim is recognized, they are going to
do that. You don`t just say, we don`t want to know who these people are. They are going to find out, given their due, but as a practical matter,
they may not want to try every one of these cases.
[19:10:22] WEBER: And it`s just an unfortunate reality, Kirby. The other unfortunate reality is trying to understand the pattern here. You know,
some -- most of these men are gay individuals, but then there is -- the profile seems to be changing. In fact, the police did a presser where they
talked about the changing profile. I want to play that for our viewers right now.
(BEGIN VIDEO CLIP)
IDSHINGA: The profile actually has changed over the recent years, not just the decades. So we have got to be very cognizant of that as we go through
some old cases.
UNIDENTIFIED FEMALE: What do you look for then?
IDSHINGA: Missing persons that haven`t been located, unsolved, cold murder cases.
(END VIDEO CLIP)
WEBER: OK, Joseph, I want to talk to you about this. The changing profile, it is hard to identify what he was looking for here or if it was
only a sub set of the community, Muslim, gay men, we might have had something. But it seems to be the profile is expanding. What are the
challenges there in the investigation?
GIACALONE: Well, this -- it leads to arguments, is it more than one killer involved? Because there`s different MOs on this. But as people get older,
we change. So this is something else. Plus the technology has changed. Many of the people he picked up on the street, and then he was using apps
and other internet records. So you can see that`s full part of the MO change and that is something that investigators now can sink their teeth
in, because there`s an electronic trail that he leaves behind. So they can go by everybody he has contacted and via these, you know, apps or internet
records and then, you know, piece together this, and you know, kind of like backward engineering and see who was involved with him.
WEBER: It seems, again, like a nightmare.
Wendy, I want to you real quick. You know, one of the craziest things about this case is, these body parts weren`t found necessarily in his
apartment. They were found in his clients` backyard, almost, right. But let`s talk a little bit more about that, where they were found and what the
neighbors had to say. But what did they find in his apartment? Because I heard that`s a story as well.
GILLIS: Well, I mean, we know they found volumes of things. There was something like 18,000 photos that they took, and I think over a thousand
exhibits that were taken from that apartment. Now, this has been Toronto`s largest forensic investigation in the history of city. And it is in large
part because of the work that was done in that apartment.
If you want to talk a little bit about what sources are saying about what has been found, I mean, multiple media outlets have reported that Bruce
McArthur kept some images of his victims on his computer.
WEBER: And do we know anything more about that, about how the evidence from his apartment might link him to the victims, or even crimes that we
didn`t even think about?
GILLIS: Well, I mean, we should stress that while they are looking at cold cases, there is still no evidence to actually link him to a single cold
case yet, that the police have confirmed anyway. And that`s as of very recently. So I think they are being quite cautious about, you know, they
are definitely going to go through outstanding missing persons cases to make sure they can rule out any connection to him. But as of right now,
you know, they have not made a definitive link.
WEBER: OK, Joseph, my final question. He is arrested. What`s the next step going forward in this investigation? Where do you think we are going
to be?
GIACALONE: Well, I mean, the investigators now have to do all this work and link him to all these other cases and then see if there`s any other
trophies. Beside, we heard that there was photos found, but did he keep driver`s licenses and things like that where we have seen serial killers in
the past so that could tie him to cases that they don`t even know about.
WEBER: And you have seen cases like this where it is a guy who was a mall Santa, a mall Santa and now this? You have seen this living a completely
secret life?
GIACALONE: Most certainly. I mean, everybody always says, he was such a quiet guy. Listen. Bad guys don`t want to draw attention to themselves.
They are always doing things that a fly under the radar. That`s why they get away with what they do for so long.
WEBER: MY God. Well, hopefully, we will have a little bit more information.
Thank you, everybody.
Next, he is staring squarely at a murder charge in the brutal stabbing death of a college co-ed, but this baby-faced 16-year-old and his attorneys
have hinted at a strange defense, that his acne medication may somehow be to blame.
(COMMERCIAL BREAK)
[19:19:32] WEBER: You know, for most people, acne causes skin irritation or even unhappy yearbook photos. But in Colorado, acne may have led to the
violent death of a 20-year-old girl. Or at least that`s what attorneys for her suspected killer have reportedly suggested in court. Acne medication,
that is.
Aiden Von Grabow was just 15 when police say he broke into Makayla Grote`s house and stabbed her to death. A girl with her whole life ahead of her
and big dreams of being a professional race car driver.
(BEGIN VIDEO CLIP)
[19:20:04] MAKAYLA GROTE, VICTIM: Hello, my name is Makayla Grote. I`m 19 and I drive modified out of Longmont, Colorado. On the track, I race my
competitors clean and I always clear my head before each race, removing everything that has happened prior, and focusing on what`s right in front
of me. Off the track, I will always be the first to offer help to a fellow competitor and will always keep a positive attitude and a smile on my face
no matter what`s happened on the track.
(END VIDEO CLIP)
WEBER: But Makayla won`t ever race again. And police say Makayla may not even have been the target that night. In fact, they say Grabow planned to
kill her sister, who is reportedly one name among many on his so-called death list. Fortunately, he was arrested before he could claim any more
victims. And he was charged with first-degree murder and three charges of attempted murder.
But he just pled not guilty to those charges, and his attorneys have hinted at a bizarre defense that Aiden might have suffered from involuntary
intoxication, caused in part by acne medication.
Joining me now, Jenna Ellis, attorney and host at KLZ radio, Dr. Tim Gallagher is back with us, medical examiner and forensic pathologist, and
back with us again, defense attorney Kirby Clements.
Jenna, want to start with you. How did this all start? I understand it was over the span of a two-day disturbing period. So take us back there
and try to help us understand what happened.
JENNA ELLIS, ATTORNEY AND HOST, KLZ RADIO: yes. So this actually even started a month prior with Von Grabow actually contacting Nicole, who is
the little sister of the 20-year-old victim. And he had sent her very disturbing Snapchat messages, according to police reports, and indicating
that he actually had this so-called death list. And then --
WEBER: You know what, Jenna, sorry to interrupt. We have those Snapchat messages. I want to show those who our viewers if we can. Want to pull
those up because it`s one thing to talk about them, but let`s read them out.
So this is some of them. It`s not pretty for people on this list. The rules are one, pick a target. Two, get info on the target. Three,
eliminate the target. Also if you tell anyone, I`ll make sure you`re next on the list.
She says, just tell me what could happen to -- and that part we can`t see -- she hasn`t done anything wrong.
And what does he say? A 13-inch steel hunting knife, that`s just the start.
Aiden says, what would you do to keep your friend alive? I know that you know.
She responds, anything.
He says, really?
Yes, I`m done playing this stupid game with you.
And he says, sadly, it`s not a game.
Jenna, please. I`m sorry to interrupt, but those we had to tell those Snapchat messages. Please continue.
ELLIS: Absolutely. And so, this of course then is reported to police. And the police actually interviewed Von Grabow. And he said that he wasn`t
really serious with those messages and was just using that to relieve stress. And where the report also indicates that he had been diagnosed
with severe depression. And although it`s unclear how long he might have been taking the acne medication along with his antidepressant medication,
that is now what defense attorneys are asserting may have been the cause of these particular messages, as well as what led up to the incident in
November, which started as you said, just as a two-day event. First, he had threatened his parents with felony menacing, which resulted in a phone
call to police. And then the next day --
WEBER: Wait, Jenna. Sorry to interrupt you again. Wasn`t there a package delivered at the house that had a whole bevy of things for him?
ELLIS: There was. And it was one of his grandparents who actually received the package and looked through the contents, and there were a lot
of knives, as well as some other disturbing objects, that really concerned the grandparents and that`s what also led to his parents ultimately
questioning him about this, according to police reports, and then led to Von Grabow apparently swinging a knife at his mother, who called the
police. And they responded to that potential felony menacing incident.
So that happened the day before, unfortunately, 20-year-old Makayla Grote of Longmont, Colorado, was found stabbed in the head and other areas of her
body, and she died a few hours later at the hospital. And then Von Grabow was arrested for that. And even though he was 15 at the time of the
alleged incident, he is being tried in Boulder County, Colorado, as an adult.
WEBER: OK. Let`s talk a little about the injuries that she sustained.
Let`s bring back in Dr. Tim Gallagher. You see that autopsy report there, those are severe, deep wounds. From your perspective, what do you make
about that?
DR. TIM GALLAGHER, MEDICAL EXAMINER AND FORENSIC PATHOLOGIST (on the phone): Well, those wounds look like they would definitely be fatal,
certainly instantly incapacitating. But these look like --
WEBER: By the hairline, right by the hairline, look at that one.
[19:25:04] GALLAGHER: Say it again.
WEBER: The one right by the hairline, right into the forehead.
GALLAGHER: Right. That one, apparently, was just a three-eighths of an inch deep, not very deep, so that reflected off the skull. It did not
penetrate into the brain. The one into the chest is right over the area of the heart, and that looks like it may be the fatal wound. And if that is
the fatal wound, it`s certainly is unrepairable and instantly fatal.
WEBER: OK. So we know that Michael Brown, who is a neighbor, he reported what he heard during this attack. I think we have that sound bit. I want
to play that right now.
(BEGIN VIDEO CLIP)
MICHAEL BROWN, NEIGHBOR: I heard a thud, thud, thud. I opened up my living room door, I looked out here, and I saw a girl laying right here on
the floor. She wasn`t responding. I yelled, are you OK? And I screamed for help.
A man with a motorcycle jacket, motorcycle helmet, gloves, and a knife in his hands, was coming down the stairs, and he saw me. I backed up from
her. When he saw me backing up, I ran further, because he started coming after me.
(END VIDEO CLIP)
WEBER: Wow. Did you hear that? That`s an eyewitness account of the actual killing.
Now, this death list that they found, investigators, wasn`t the only thing they found. We have a list of everything that was found in connection with
this crime. I want to pull that up right now so our viewers can see this because it is quite a list.
Molotov cocktails, knives, dark clothing, boots, face mask, goggles, duct tape, love the way he spelled it there, head lamp, flashlight. Now a
hatchet, he wanted a hatchet, but I don`t think he found one. They didn`t find it on the property. Bleach, gloves and a map.
Jenna, that`s quite the laundry list of things. And top of the fact we know a little bit more about this man, I don`t even want to say man, he was
15 years old at the time. The question is, what do we know a little bit more about his behavior and his demeanor, especially in light of this list?
ELLIS: Yes, not only the list that is certainly disturbing as well as the Snapchat messages, but also when he was being interviewed by police, his
dad was there and made a reference to two cats that had been killed on their property recently. And according to the police report, at that time,
Aiden just looked over at his dad and smirked. And so the attitude there, according to police reports, was very no nonchalant and really showed no
evidence of remorse or anything other than just a steely exterior. And so, police reports have also indicated that the erratic behavior began about
the time that he was diagnosed with severe mental health issues.
WEBER: OK, Jenna. I`m so glad you brought that up. I want to bring on Kirby right now.
OK, Kirby, I have heard of involuntary intoxication. I have heard it with alcohol. I have heard it with drugs. Acne medication? There`s no way
this can possibly fly in a courtroom.
CLEMENTS: Actually, it will fly very well because we have a history here. And I don`t think it`s really involuntary intoxication. It`s more the
combination of his major depressive disorder, the antidepressants he was on, coupled with the acne medication.
All these things were going on, but if you look at the history, he had been expelled from school or suspended from school for threatening kids. His
pattern leading up to this clearly showed someone who was mentally unstable. And the thing with medication, you got to understand, it`s not
like you take a pill and you are OK. He had been on the meds for about four weeks --
WEBER: But creates -- a person can create a death list, that are on this medication. That means they`re on it, it might excuse an attack, but to
create a death list and have all this behavior beforehand, the Snapchat threats, really?
CLEMENTS: That is all part --
WEBER: When does it start? It excuses behavior for a long period of time?
CLEMENTS: Well, no. I`m not saying that it excuses his behavior. It explains his behavior. And that`s the difference is that we are looking to
figure out, how did this happen. And we have someone with major mental illness, diagnosed recently, given medication that probably hadn`t been
adjusted properly at this point in time, coupled with the acne medication, and you look at his abhorrent behavior, and when it started, and it started
around the same time. So you have a direct link.
This is not a case where we just kind of say, oh, it must be this. This is one where the history clearly shows it. And quite honestly, the police
should probably have done something when they found that first list, as opposed to accepting his -- the excuse he gave. I`m not blaming them for
what happened, but there was plenty of time to intervene given all the warning signs.
WEBER: Dr. Gallagher, is it possible that acne medication, whether alone or combined with an antidepressant could be a way of involuntary
intoxication here? Could it contribute to what happened, or is this just a stretch by his defense attorneys?
[19:30:00] GALLAGHER: Excellent question. You know, the acne medication has been known to create suicidal ideations and depression. There`s no
history of the medication causing violent behavior that includes homicide. So, I would certainly exploit that as prosecution.
WEBER: All right. Well, we`ll have to see. This is a case to follow on many different levels. Jenna Ellis, thank you so much.
OK, Washington, D.C. Police have released disturbing new surveillance video as they search for the killer of a 10-year-old girl. Four men jumped out
of a car and began firing shots in all directions, into a crowd of people, striking Makiyah Wilson in the chest. Makiyah was rushed to the hospital
where she was later pronounced dead. Four other people were shot and wounded. Makiyah loved art and she loves puzzles. And you know what, she
was going to enter the fifth grade, but that`s not happening anymore. Tonight, police are asking for your help finding these gunmen.
Up next, when over a half-ton boulder rolled out of the back of a truck, Karen and Jena Christiansen found themselves right in its path. Now, the
driver of the truck is behind bars. We`ll break it down after this.
(COMMERCIAL BREAK)
[19:36:26] WEBER: You`ve probably been in their position before, driving on the highway with a giant truck that`s transporting heavy materials, and
you`ve probably imagined the scenario when those materials fall off the truck and you have to swerve to save your life. But Karen Christiansen and
her daughter Jena didn`t survive. That`s when a boulder fell off the truck passing by. A three by three foot boulder that weighed about 1100 pounds.
It managed to bounce off the center line before it slammed into their car. And police say it wasn`t a freak accident that the boulder fell off that
truck.
(BEGIN VIDEO CLIP)
MITCHELL SCOTT, ROSEMOUNT POLICE CHIEF: It`s evident to us that it was not secured in the back of the vehicle. You know, it`s very traumatic for the
families and the officers as well. You know, it`s not like something -- we don`t see this type of accident every day.
(END VIDEO CLIP)
WEBER: Thank goodness we don`t because this, it took four firefighters to get that boulder off the car. And it took three days to track down the
truck driver who allegedly kept on driving when his cargo took the Christiansens` lives, cargo that he`s required by law to secure. Now, he`s
charged with vehicular homicide, and he faces 40 years behind bars. Joining me now, Andrew Lee, co-host of "Justice & Drew," on KTLK AM 11:30;
Dr. Tim Gallagher is back with us, medical examiner and forensic pathologist, as well as the great defense attorney Kirby Clements. Welcome
back, everybody. Andrew, I want to start with you. What do we know about the suspect here, Joseph Paul Czeck. What do we know about him, done any
violations in the past, what do we know about this man?
LEE: Joseph Czeck, he actually owns the business that was -- that was hauling those boulders of Czeck Services out of Inver Grove Heights. He`s
a -- he`s a 33-year-old Hastings man, as you mentioned, facing multiple felony charges. He did leave the scene and he -- after the unstrapped
boulder, the unsecured 1100-pound boulder fell out of his truck and killed those women.
Investigation revealed that the truck driver, he pulled over about a mile later, pulled into a driveway and then, after the accident, started
strapping down the remaining boulders in the back of the truck. So, it certainly appears as if he was aware that this happened, aware that he was
transporting these boulders in an unsafe manner, and then stopped. Police say they never got a report of the accident from the suspect in this case.
WEBER: So, that photo that we`re showing of the truck was right after the boulder fell off. You could probably imagine, that`s an 1100-pound
boulder. If it fell off the truck, you probably would know that that would happen. I think it slammed into the ground and left a mark at one point.
It`s such a heavy object there. Let`s talk to Dr. Tim Gallagher a little bit about it. Can you explain the awful series of events, about how this
actually happened, in terms of the death of these two women? It`s not like it killed one woman. It killed both of them. So, was it the perfect mix
of events, the speed, the proximity of the cars? How did this happen? How did it inflict these injuries?
GALLAGHER: Well, it certainly is a traumatic sequence of events. Yes, I could imagine the boulder falling off of the back of the truck and then
striking the automobile, killing possibly both of them at the same time, or it may have incapacitated the driver to where she may have crashed and
killed the passenger.
[19:40:08] You know, certainly tragic and certainly the Florida Highway Patrol or the investigating authority would have more information about
that, but that 1100-pound boulder can certainly inflict fatal injuries onto people with very little effort.
WEBER: Do you happen to know if it would cause immediate death, if it would be suffering? Is there any way to be able to tell from that?
GALLAGHER: It certainly would suggest that it would cause immediate death. I mean, it looks like, if it struck the chest or the head of one or both of
the victims, immediate death would certainly be one of my top concerns.
WEBER: Well, here`s what I want to do. I want to talk about what the law is here. So, Rosemount Police Chief Michael Scott has talked about what
the law is. Let`s play that for you right now.
(BEGIN VIDEO CLIP)
SCOTT: You`re required by law to have whatever you`re hauling secured in your vehicle. So, if you have a -- if you have a pickup truck and you have
a fifth wheel, or like a lawn mower, or a ATV, UTV inside, you`re responsible to make sure it`s secure. Things happen out of our control all
of the time. So, take the extra time to make sure things are secure.
(END VIDEO CLIP)
WEBER: Well, that`s the law. Kirby Clements, what`s his best defense here? Let`s start off with the vehicular homicide. What`s his best
defense moving forward here, because it appears, based upon the facts that he knew that this boulder fell off and that he should have attached it.
CLEMENTS: Well, the main defense in this matter would be whether there was some sort of strap failure, that is, he secured the boulder, he secured the
load, and maybe the straps or the securing -- the -- what he strapped down failed. And I used to load freight when I was in law school -- I mean, law
school actually and college. And sometimes you can have a failure of the things that you (INAUDIBLE) you use to strap freight down with. So, that
boulder could`ve been strapped down, it broke free, or the strapping gave way, and it flipped off, and he just didn`t know there was an accident. In
fact, that`s really the only defense that he can go forward with, because he can acknowledge -- he cannot acknowledge knowing that it fell off and
crashed into a car and that he did nothing to help.
WEBER: It kind of ties into the other thing that he`s charged with, leaving the scene of the crime, never a good thing. So, how is he going to
say, you know what, I didn`t know that the boulder fell off, this 1100- pound boulder off the back of the truck, how is he going to say he didn`t know that?
CLEMENTS: Because he drove over -- from what I`m gathering from the evidence, it appears that he drove over some railroad tracks. So, he can
say all the jostling that occurred happened when he went over the railroad tracks. He didn`t know that the boulder fell off at that point in time.
It`s not like he would have felt the car get -- the truck get lighter, he just didn`t know. I mean, that`s really it. Strap failure and he didn`t
know.
WEBER: But he knew how many boulders were in the back of that truck, and he secured it, we saw that photo, there was one missing. That`s going to
maybe be an uphill argument.
CLEMENTS: That`s true.
WEBER: But we`ll have to see. All right. Anyway, a beautiful, young, Montana woman missing for more than a month. And now, police say her
sudden silence on social media is a telling sign that she may be in danger. That story when we return.
[19:45:00] (COMMERCIAL BREAK)
WEBER: We are tracking the urgent search for a missing young woman in Montana. The 23-year-old beauty who police fear is being held against her
will. Jermain Charlo was last seen over a month ago walking in a residential neighborhood after going bar-hopping with friends. It`s a
typical night for a 23-year-old, with a 23-year-old`s online presence. Friends and family tell police that Jermain loved posting to social media,
but all of her accounts have gone dark, which has made investigators draw dark conclusions.
(BEGIN VIDEO CLIP)
GUY BAKER, DETECTIVE, MISSOULA POLICE DEPARTMENT: The fact that she has not been on social media for over three weeks now is concerning to us,
because her pattern of life prior to that was that she was on there, frequently and daily, and she hasn`t been. So, she`s somewhere where
either her ability to move about freely or have access to the internet is being restricted, but something`s going on that concerns us, because of her
lack of activity.
(END VIDEO CLIP)
WEBER: Joining me now, former NYPD Sergeant and law enforcement trainer Joseph Giacalone; and back again, defense attorney Kirby Clements. OK.
Now, I want to start with you, Joseph, and first, can I say, thank you for your service. Is that a right way of saying it?
GIACALONE: That`s great. Thanks.
WEBER: OK. How do they go about finding this woman? What is the steps, the coordination? I think it`s between the police and the sheriff`s
office, how does it work?
GIACALONE: Well, they`re going to be looking at basically the three -- what I call "forensic horsemen," cell phone records, internet records, and
video surveillance.
WEBER: Of her?
[19:50:03] GIACALONE: Of her, yes, her last whereabouts. I mean, this is where they`re going to try to pin it down because that video surveillance
could play a pivotal role in this case. So, she was in -- you know, she was at a couple of these bars, she was at this store, this, you know,
Farmers` Market, so to speak, so there could be lots of videos, a bank, ATM, anything that could give them a clue into what happened, maybe she was
abducted off the street or what have you, or we got to remember, we have a story that this set of friends dropped her off, too. They can then verify
that, too.
WEBER: They say that they have tracking down persons of interests. What does that mean?
GIACALONE: Well, they have probably a few leads from just about what I was talking about before. So, maybe she met somebody in the bar, maybe she was
walking with them, maybe she got into a car. So, these are just some of the things that they got -- they have to look at. It`s going to be a
puzzle.
WEBER: Correct me if I`m wrong, but timing is critical here, right? Is it the first 48 hours, is it the first 72? The first -- what is the timing
there that we need to see some action?
GIACALONE: They always say the first 48 hours or so but we actually refer to like the first hour of an investigation, how close that person was to
where they were looking, is the most important part of it, so they`re going to have to try to piece this together from that moment as she was last seen
and see what can they -- it can develop.
WEBER: Listen, we`re in 2018. I get social media, I do it myself. Is it fair to say that because she has been inactive on social media, there`s
something nefarious going on?
GIACALONE: It`s very bad. You know, I mean, anybody with a 22-year-old daughter or around that, I mean, they`re on their -- they`re glued to these
phones, and if they were doing this before and then all of sudden that stops, that`s not a very good sign.
WEBER: Isn`t it amazing, social media, we want to be more on it right now. And we`re encouraging it a little bit more.
GIACALONE: Yes, and the police when they`re doing their press conference doesn`t -- don`t sound so hopeful in this, either.
WEBER: Kirby, I want to go to you now. If she is being taken under duress, if she`s -- someone is holding her, what is the best legal option
for that person? What would you advise them to do? What is their best moving forward -- because they would be a defendant in an upcoming case?
Kirby, I give it to you, what would you say to them?
CLEMENTS: I would tell them that they need to limit their liability by letting this woman go. They can`t harm her because that`s going to
increase the punishment. You`re not going to kill somebody because there`s no statute of limitations. So, if you -- you`ve broken the law already,
let`s not make it worse, let`s make it better, get her somewhere else, let her go, go get a lawyer and turn yourself in. That`s the easiest way for
this to end. Better for everyone.
WEBER: Because the charges and the outcome could be a whole lot worse, so Kirby, I hope everyone is listening. I hope everyone is listening out
there. But I want to talk a little bit more with you, Joseph, about this. So, there`s a problem here. I know it. People come forward with fake
tips. You see this, you see it on T.V. How do you weed out fake information, fake news, how do you weed it out from here?
GIACALONE: Well, you know, it`s sometimes not so much fake to throw you off an investigation. People are trying to help and then they inundate you
with all kinds of things, like, I think I saw her in a -- you know, in a car wash somewhere in Seattle. I mean, these are the things that can now
eat up a lot of the personnel and the time to do this. So, we have to -- as a former law enforcement officer, you have to try to weed through some
of those tips that you get because you never want to turn the public off and say, you know, stop. You want them to use these tip lines. So, we
want them to come forward with this information. And you as the police you have to try to like decipher about what`s a good one? Like, oh, he say --
what has meat on it where you can actually go out and look for something.
WEBER: And real quick, we`re talking about social media, can it be a really useful tool right now to track her and find her?
GIACALONE: Absolutely. Social media is the biggest investigative tool since, you know, DNA, as far as I`m concerned. So, it`s -- it puts you at
locations and can help you, you know, tie them down.
WEBER: So, basically, what you`re saying is, if anybody has information, come forward and use social media if possible, as well.
GIACALONE: Absolutely, especially with all of the things like crime stoppers.
WEBER: Pretty amazing. Well, I hope that they find her, I hope we get an answer to this because it`s a really sad situation. So, as soon as we have
an update, we`ll let you know.
Now, if you`ve been on the run from police for two months and finally they nab you after a car chase, would you be all smiles? We`ll tell you about
this cheesy pair, next.
[19:55:00] (COMMERCIAL BREAK)
WEBER: "ONE MORE THING" tonight, a police chase ends with an unusual photo op that`s gone viral. Suspects Matthew White and Amber Taynor were on the
run in a stolen vehicle in Florida when they were caught and handcuffed. One of the arresting officers had this photo taken with the couple. A nice
one. They`re nodding in approval as they look at the snapshot of an officer`s phone but shortly after that, those smiles were nowhere to be
seen in their mug shots. Charges against White included grand theft of a motor vehicle and evidence tampering. He and Taynor were charged with drug
possession. And who says that crime can`t be a little fun? We`ll see you back here tomorrow night at 6:00 Eastern. You can listen to the show any
time. Download the podcast on Apple Podcast, iHeart Radio, Stitcher, TuneIn, or wherever you get your podcast for your CRIME & JUSTICE fix.
I`m Jesse Weber, thanks for watching. "SOMETHING`S KILLING ME" begins right now.
END