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CRIME AND JUSTICE WITH ASHLEIGH BANFIELD

Exclusive New Murder Details; Dad Slaughters Family, Dumps Bodies; Evidence Was Retrieved From Apple Watch. Aired 6-8p ET

Aired October 1, 2018 - 18:00   ET

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


(JOINED IN PROGRESS)

[18:00:00] UNIDENTIFIED MALE: -- service to our country. Thanks for watching. Good night.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: He is a monster.

UNIDENTIFIED MALE: I can`t think of how much time and effort it would really take to do this.

UNIDENTIFIED FEMALE: Tonight, exclusive new details in the case against Chris Watts.

UNIDENTIFIED FEMALE: He never once cried.

UNIDENTIFIED FEMALE: Just what is it police have in their sights?

UNIDENTIFIED MALE: Seems like they`ve gathered a lot of evidence.

UNIDENTIFIED FEMALE: A source confirms they are drilling down on the data from the Apple watches they always wore. The electronic spy. That may

just know who killed who.

SHANANN WATTS, VICTIM, WIFE OF CHRIS WATTS: We`re not promised tomorrow.

UNIDENTIFIED FEMALE: All, as chilling details begin to sink in.

UNIDENTIFIED MALE: The oil probably wasn`t completely drained out by whoever puts the girls in this tanks.

UNIDENTIFIED FEMALE: About the eight-hour agony to retrieve those little girls and drain all that oil.

UNIDENTIFIED MALE: It`s somewhat shocking to think about.

UNIDENTIFIED FEMALE: And where those little girl`s toys and clothes will be moved to now.

UNIDENTIFIED FEMALE: It literally blocks a whole entire front of the house and the driveway.

UNIDENTIFIED FEMALE: And just who is signing in to see Chris Watts as he shapes and molds his defense?

UNIDENTIFIED MALE: It`s one of those visitors, he is someone that he had affair with.

UNIDENTIFIED FEMALE: Why the public and prosecutors are not allowed to know.

UNIDENTIFIED MALE: Not doing well at all. And depression is setting in.

(END VIDEO CLIP)

ASHLEIGH BANFIELD, HOST, HLN CRIME AND JUSTICE: Good evening, everyone. I`m Ashleigh Banfield. This is "Crime and Justice." And tonight, a big,

big possible breakthrough in the investigation into how the Watts girls died and it`s coming at good time, because today Marcs seven weeks since

they first went missing. And these seven weeks have shown that the Watts girls were never missing. That they were killed and dumped at daddy`s work

site. Tiny little Bella and Cece dropped in oil tanks that took a full eight hours to drain before police could actually fish those bodies out and

even though their father is in jail accused of wiping out his entire family, we still don`t know how those girls died.

Or even whatever evidence there may be that he killed them, because that information has been locked up for weeks, but something might have been

unlocked tonight. According to a source close to the investigation, it is something you actually might be wearing right now. And something Chris and

Shanann Watts certainly wore all the time. Who knows if she was wearing it the night she got home from the business trip. And then allegedly had that

emotional late night talk with her husband, he says, before police say he annihilated his entire family.

The Apple watches. We know they both had one. And now we know according to our source that the district attorney is doing a very deep dive into the

data to see what it can tell us about these murders. And who was doing what and when. Helping us to sort through this is technology expert, Marc

Saltzman. He joins me now. He is the author of Apple watches for dummies, which could not be more applicable at this point.

Listen, Marc, we talked either last week or the week before about what the Apple watch might do for us. And lo and behold, we now learn from a source

close to the case that in fact they are looking at these Apple watches. One or both. We don`t know, but what is so significant is that we can

prove through photographs that Shanann Watts posted, she had the Apple watch III and the Apple watch III can be determined by a little red dot.

Right there. On the side. That gives you cellular service.

And what`s so critical about that is it tracks a lot more moves than the average person might be aware. Can you give me the primer on the Apple

watch III and what will tell me about her movements that night?

MARC SALTZMAN, TECHNOLOGY EXPERT: Sure. So, the Apple watch series three that debuted last year, 2017 and then the new one that just debut Series IV

have the option to be connected to a cellular network. So, it`s not on by default. You pay an extra say $10 a month. That means you can leave your

iPhone at home, go out and get a phone call or a text on your wrist. As if you have your phone strap to your risk. It`s not on by default. Again,

you need to pay for that.

So this does say that the hardware that they are wearing supports it. So the authorities no doubt have been talking to their mobile phone provider

to see if in fact it had a plan, because what that can tell the authorities, the investigators, is you know, through cellular

triangulation, where they were and when by pinging the cell phone towers that we all see on the streets.

[18:05:13] BANFIELD: And I`m going to get to that in a moment, because you know according to police, Chris Watts told us his travels with you know,

her dead body in the back of that truck. I don`t know if her dead body was wearing that watch, but what I find even more intriguing and Marc, you`re

going to have to help me sort through whether this is possible.

She came home from the airport at about 2:00 in the morning. I`m always wearing my watch when I am coming home from the airport. I do take it off

to go to bed, but a lot of people don`t. So, if she walks in that front door and then climbs the set of stairs to the second floor, her movements

through the house will literally be tracked counting step by step. The ascension up the staircase. Everything she did from the moment she came

home will be recorded, will it?

SALTZMAN: Yes that is correct. So with the older Apple watches it had a built in pedometer which simply counts your steps. It will tell you you`re

estimated distance traveled, your estimated calories burned, but the newer Apple watches including the ones that they`re wearing have a built in

altimeter or barometer which can also detect height. So going up or downstairs. Again, the main application for that is to track your fitness

information. And all that is kept on the watch until the watch is synchronized with a nearby smart phone. It has to be an iPhone. Or with

Apple iClouds which is in air, a cloud service. So yes, her watch could theoretically show how many steps she took up or down and when. Even

though to find that, it`s really a lot of micromanagement to pinpoint when, but definitely those steps up and down would be calculated.

BANFIELD: Well, one of our staff members actually looked on his watch today and saw when he was ascending stairs in the city. Which you know, is

so pinpoint accuracy. And it just tells me that there is a digital electronic spy watching what happened in that house between 2:00 a.m. and

5:30 in the morning. So, let me walk through a couple of scenarios and you tell me whether this will show or won`t show.

Shanann presumably is wearing her watch. She is coming home from travel. She presumably got her phone with her as well. Because we know she used it

in Phoenix on her work trip and we know it was found wedged between the sofas when she was home. So she is walked in the door. Put her suitcase

down at the bottom of the stairs. It did not ascend the stairs. Her shoes stayed at the front door. If she ascended to the stairs to second floor,

that Apple watch will show that. If she went to bed and went to sleep as Chris Watts says happened, that Apple watch will show her heart doing this.

If there was an emotional conversation at 4:00 or 5:00 a.m., which ever version he settles on, that Apple watch will show that she is now awake and

speaking and if she flies into a rage and runs into a one child`s room and strangles one child and then walks the distance to another child`s room,

and strangled the other child, all of that will be recorded if she is still wearing that watch, correct?

SALTZMAN: Everything you said is correct. Except it would be hard to prove that she walked from one location of the house to another. You know,

the I guess the defending lawyer could say well, she could have walked anywhere because it doesn`t show you the location of where she was, but if

she activated and Alexa speaker in the child`s room and that is all log, then we would know it`s her voice in that room. But everything you said

was correct except to prove that when she walked from one part of the house to another would not be captured or shown on a map for example through the

watch or through the iPhone.

BANFIELD: So tell me this. If Chris Watts` story to the police is that he went downstairs after his emotional conversation for a moment, he says,

came back up and saw one child dead on the monitor and Shanann actively strangling the other, this would have had to happen in a very finite period

of time and there would have had top a set of steps walked between two rooms in order to get into two rooms to do that to two different children

and those steps would be recorded between those activities as well as heart rate. Correct?

SALTZMAN: Yes. Ok, in that case, correct. If the bedrooms were on different floors, then it will show you if you`ve ascended or descended.

When it`s synchronized with the iPhone, because that level of detail as I mentioned earlier, isn`t kept on the watch. It will show there were some

steps.

BANFIELD: They were on the second floor. So there won`t be inclination of stairs in Chris Watts` version of the night events. But they are on

different rooms, and we know that because the cameras toggle between two different rooms.

However, I do want to ask you this.

[18:10:00] If then, if Chris Watts` version of the events that night is true, he would have been flown into a rage and I haven`t even gotten to him

wearing his watch and what his Apple watch would be saying about going up and down stairs and flying into a rage, but Shanann would be strangled by

him. And walk me through what the Apple watch would tell us if that were happening.

SALTZMAN: Sure. As you likely know, the Apple watch is has a built in heart rate monitor. And then the newer version that just debuted has an

ECG, and electro cardio gram, but let`s not go there because this all, that version of the watch came out after all of this. So presuming that they

were wearing their Apple watch series three throughout all of this, you will see elevated heart rate numbers or decrease if she went to sleep. For

example, as you said earlier. So that is all kept and stored on the watch and then synchronized back to the iPhone. So, kit could show whatever the

heartrate.

BANFIELD: Marc. What would happen if she were being strangled? What would the watch show us if what Chris Watts says is while she is strangling

one child, he discovers it and comes in and strangles her. What would the watch say to police who might be - who are, according to our source,

digging into this data.

SALTZMAN: Well, I`m not a medical expert, but I would assumed the heart rate would be extremely elevated during any kind of confrontation or

physical and if she set up the SOS feature on her Apple watch, when if there was some sort of trauma, then for example, a severe drop in heart

rate, then it could notify like a 911 call through the wrist by the way or through a list of people that you`ve predetermined, but I don`t think that

happened. And that would have been set up in advance, but that is a SOS feature.

BANFIELD: Yes. We just put that up on the screen. This is really fascinating. On the left hand side, you can see. It looks like you`ve

taken a hard fall. You can either hit SOS yes or I fell, but I`m OK.

What you are saying that also if your heart goes extremely high or extremely low or stops, you might also get that emergency services option

on your phone right away. And see the little 10:09 p.m. or a.m. at the top, it would record that moment that your heart stopped. Correct?

SALTZMAN: That is right. That is correct. So Apple just released series four which takes us to the next level with that built-in ECG monitor, but

even with the last year`s version, it will if you set it up in advance. That is the caveat. You got to set it up in advance.

BANFIELD: If a girl who I`ve come to know just by her extraordinary prolific Facebook posts to be someone who is extremely electronically

savvy, it`s Shanann Watts. This woman spent all her time Facebook live. She was posting constantly. She seemed to have it all figured out. Her

entire home was electronic. Her locks were electronic. Her key pads to get in the door were electronic. So, it would not surprise me at least if

she didn`t set that up to be monitoring her health at all times given the fact her business was losing weight and being healthy, wearing the patch

and figuring out how her health was being track. So that is just a fascinating, one other thing I want to go to, we know now that whatever

happened that night, let us just say for instance Chris is not telling the truth and Shanann came up the stairs and was strangled well before Chris

Watts says it happened at 4:00 or 5:00 in the morning. That would show as well. If she mounted stairs, and then her heart rate soared and then just

stopped, none of his story is true, correct?

SALTZMAN: Absolutely true. The watch would have all of that data captured. And even if it had not synchronized with the cloud or with the

nearby iPhone, it would still be kept op the watch for at least say 12 hours. So I`m hoping if that is the case or even as a preventive measure,

that the authorities have all that digital evidence and it seem they were a very tech savvy family.

BANFIELD: I saw something -- I saw that the watch will hold this data 30 days, but it syncs to your phone, which by the way, she had both of them,

she is coming in from the airport that would go to the cloud and would be there far longer than 30 days.

SALTZMAN: Yes.

BANFIELD: Who knows if the prosecutors are now learning to our source are digging into this data, got to it before the 30 days was up, but if they

didn`t, would it even matter and here`s the other issue, Marc. Let us just say she is now dead and she is being thrown in the back of the truck and

then she is being dumped into a shallow grave at the work site and she still has the watch on. It will tell us exactly if Chris Watts was telling

the truth when he allegedly said to the police I then drove to the site and got rid of the bodies. If he made some stops along the way or did anything

else, that watch would be pinging the whole way without that cell phone, wouldn`t it?

SALTZMAN: That is true. And then if they were able to retrieve the watch, even though series three is waterproof, the first two were not -- first one

rather was not waterproof. After being in oil for a minimum of eight hours, that could render it you know, useless to authorities.

[18:15:00] BANFIELD: She is fine. She was not submerged. She was in the shallow grave and the children were submerged.

SALTZMAN: Thank you for reminding me. You`re a lot more intimate with this case.

BANFIELD: You know who else is? Prosecutors. They know we and all of us combine, I will tell you, but let me ask you this. So we`ve actually gone

through the motions of what Shanann`s Apple watch might be telling us if she was wearing it. But now let us talk about Chris Watts` Apple watch,

because he tells quite a story. We can`t tell you if he has a series three, because it never shows that red dot. That is not to say he doesn`t

have one. There are non-cellular versions of the Apple watch series three and beyond. So it`s possible he says I went downstairs for a moment. Bop,

bop, bop, that is monitored. That is in the cloud. Chris Watts, if you didn`t walk down those stairs for a moment and then ascended, have your

heart rate go through the roof, because you told the police you witnessed something horrifying and flew into a rage and killed your wife, and then

you better have gone up and down those stairs a few more times bringing those bodies downstairs. There`s a lot that Chris Watts Apple watch could

tell us about whether he is telling the truth as his version in that house or whether he is telling bald face untimed, no timeline lies, right?

SALTZMAN: Absolutely. Even without that cellular connectivity, by default, the Apple watch works over Wi-Fi. Which they had Wi-Fi in the

home. We know that because they talked to Alexa, which requires Wi-Fi. So yes, even without that, there`s a lot of other data that is being captured,

including his activity, when that was captured and where. Up or down or just regular steps that is all captured.

BANFIELD: My god, I`ll bet you, I`ll bet you he doesn`t know who you are and he doesn`t know what his little spy is either and I`ll bet you that the

electronic data that comes from those two devices, let alone the phones, is going to be miraculous. I think it will be a star witness in this case.

Marc, I want to go to break, but not before I read this from Liz (inaudible).

She wrote to us on Facebook, the Apple watches don`t have a long battery life. Therefore, most people who have them don`t wear them at night.

Because they need to be charged, not sure if Chris would have had his on at that time. I can tell you this. It is possible that she wore it to bed.

Many of my staff has said that they wear theirs to bed. It`s possible she took it off. It`s possible she was killed before she ever had a chance to

see her bed. She came in from travel. And I will also say this, we did a little digging on the Apple watch battery and actually it got quite a

battery life. It can be upwards of 14 hours and even more if you`re not doing a lot on it and she spent a lot of time on her phone, so maybe she is

spending her time wearing down the phone battery and not the watch battery, but it`s very possible that that watch had full battery power even after a

long delayed travel day.

Chris Watts speaking of delay. Has now spent 47 nights in the Well County Jail. Can`t be comfortable. Tonight as we begins his 48th night, we are

wondering if he is still on that suicide watch called close watch protocol. What has become of Chris Watts psychologically? What are his thoughts?

How is he adjusting to life as an inmate, and by the way get a load his brand new booking photo.

[18:20:00] (COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: They had the hearts and souls of angels. I can`t believe they`re gone.

UNIDENTIFIED MALE: I always wondered why he was so quiet.

CHRISTIAN WATTS, HUSBAND OF SHANANN WATTS, SUSPECT: This house is not complete without anybody here.

UNIDENTIFIED FEMALE: He just didn`t seem like the type of guy to injure a fly.

UNIDENTIFIED FEMALE: Chris Watts is checked every few minutes to see if he is still alive and his cell has been stripped of anything dangerous.

UNIDENTIFIED FEMALE: We didn`t want to believe he was capable of anything, but he is a monster.

(END VIDEO CLIP)

BANFIELD: He was arrested the week they went missing when the police say he led them to their bodies. And since then, he is been behind bars

reportedly on what`s considered suicide watch. In their lingo, close watch protocol. Eventually, Chris Watts could get a little more freedom. Like

the chance to spend some money at the jail commissary. That is where inmates there can buy things like ponytail holders and cookies and candy.

Funny, because those are the kind of things his two little daughters would have loved. Look at those pony tails holders and those little kids.

Products like eye shadows, they may have used those things later in life. They are available at the commissary and artificial tears are have become.

Which Chris Watts couldn`t seem to even muster that when he told everyone his family was simply missing, not dead, floating in oil, rotting in a

shallow grave. They will be smiling. Maybe he`ll need the artificial tears. I want to bring radaronline.com senior reporter Alexis Tereszcuk.

She joins me live now.

Alexis, there`s this interesting report, a source close to the case has told us that the police have told -- have told Shanann Watts` mother

something that "People" magazine had also learned. That was that Chris Watts was stunned that this case is getting a lot of press coverage,

especially overseas. It`s a little shocking to think of that. Given how severe the fact pattern is in this case.

[18:25:22] ALEXIS TERESZCUK, SENIOR REPORTER, RADARONLINE.COM: Well, also he was courting the press when he had already killed his wife or allegedly,

when she was gone, when his children were missing, he gave multiple interviews standing on his front porch. So, I think he is kind of aware of

the press and surprise is maybe the surprise that he is going to be, his face is going to be flashed all over the world being called a murder. So,

I think that his time behind bars while he has still been under we`ve heard the suicide watch that is not exactly what they call it, I think that he

has access to other people who will be talking to him about it and as you know, he, we are not able to find out who`s been visiting him, or who has

been talking to him, so people could be telling him anything.

BANFIELD: So the source I spoke with at the jail who described what close watch protocol in detail to me, told me that in his particular case, it

means no commissary allowed at all. And yet we are now seeing the kind of things he could get. We`re learning he has not purchased these things,

which leads me to believe after seven weeks who wouldn`t want a little treat? Who would not want a cupcake after being locked up 23/7 with you

know, three squares of jail food per day, yet he hasn`t purchase, you got - - have you seen this things that he can buy?

TERESZCUK: It is all filled with junk food. There is a lot of candy, but there are a lot of things maybe that he wouldn`t buy. There is makeup,

hair bows, but there are snacks, there are cans of tuna. He can have cupcakes. There are potato chips and things like that, but he may not have

any money. When he was arrested, they could have put the money that was in his wallet into his account. Bu e may not have any money and I don`t know

that people are sending money from all over the world to give him money behind bars.

BANFIELD: I don`t know, you know what? I will only beg to differ because I know that his parents may be very supportive of him. His father flew in.

He was right there at the jail. His father spoke to him before he gave that alleged confession, so at least we know he is got a loving family that

will likely be there for him if he needs it or more than likely might put something in the commissary for him. Whatever cash he had on him when he

was booked into the jail, they put towards the commissary account as well and then we`ve learned also that inmates can order newspapers. And

magazine subscriptions. That will go to the commissary. What we also know that under close watch protocol, he is not allowed to have reading material

inside the cell. He is only allowed to read what the newspapers is out on that common table out in the hour out room. They call it the hour out

room, because you only get an hour a day out in that room by yourself.

I want to bring in David Beller, if I can, defense attorney. David, since you`re from Denver and you know sort of the system out there, we all found

it fascinating when we saw the witness list and saw that one of the people on the witness list is Shanann Watt. How does that work?

DAVID BELLER, DEFENSE ATTORNEY: So they`re going to endorse anyone and everyone that is going to be on the list and that may have some evidence to

be able to provide. So it could be that it is just a minor typo and frankly, it could be there`s a text message or that there is diary or some

other kind of written statement from Shanann and so in abundance of caution, the prosecution lists anyone and everyone.

BANFIELD: So let me ask you this. I can`t even are remember when, but several weeks ago, I noticed something in a Facebook post that Shanann did.

She was secretly videotaping Chris as he was doing something that any sort of delightful dad moment would be. In the kitchen, he is singing a

children`s song while he is preparing hot dogs for the little kids. And she posted this little song, but in her hash tag, it said he is going to

kill me.

And I know everybody in his right mind has probably said those words as a joke to someone at some point, but I also know that I covered a case back

around 2010 of a woman in Florida who was convicted on killing her daughter by drowning her in a pool and one of the pieces of evidence was that a co-

worker heard her say I could have just killed her, because she wrote in magic marker on the back of any new leather seats in the back of my new

car. That is the kind of thing they can take and use.

BELLER: It can. It really can, Ashleigh. And so basically, a statement that is made like that would generally be excluded from evidence under here

say rules, but the here say rules anticipated this type of thing. And so it says that an individual cannot kill somebody in order to prevent those

statements from coming in, and so when an individual is charged with murder, the victim statements here, Shanann`s statements are immiscible and

they are not excluded as here say.

BANFIELD: All right. I want to bring in Kyle Peltz, our producer who`s been working on this story. There`s been a lot of -- I don`t even know how

to describe it, but a lot of back and forth on the visitor`s log. He`s allowed how many visitor on his visitor`s log?

KYLE PELTZ, CRIME AND JUSTICE PRODUCER: Well, if he`s not in close watch protocol, according to the jail, six visitors, and those can be changed out

monthly, but you have to stick with those six visitors.

BANFIELD: So they are logged and if they come to the jail, we as the public have an access. We pay for this guy. OK? It`s our money that puts

him behind bars and gives him his food every day his guards every day. So by that notion, this is a public process and we`re usually allowed to see

who`s on an inmate visitor`s list. What`s happening with his?

PELTZ: Well, Chris Watts asked a judge to keep his visitors private. We don`t know who`s visiting him. It sounds like it`s probably defensive

expert, maybe people he`s trying to figure out what his defense is going to be by talking to.

He asked the judge to keep it private and the judge at least in part agreed with that and said, you know what, we`re not going to release this to

prosecutors. If they want to see it, they have to go to the courthouse. it`s going to go be redacted.

BANFIELD: Yeah. What`s interesting, the court said the prosecutors can`t have his experts and the defense can redact his experts off the witnesses,

but didn`t say that Ashleigh Banfield can`t get his visitor`s log. Still they won`t release it.

PELTZ: Right. The only people the judge specifically mention -- it`s prosecutors, that`s it.

BANFIELD: All right. There`s a couple of other things that "The Daily Beast" uncovered. Every reporter in his right mind scraping for as much

information as they can find on this case because the authorities are so tight lipped.

"The Daily Beast" broke a couple of things. Like the first thing that they talked about that stood out to me was the blankets in the children`s room.

PELTZ: Right. "The Daily Beast" spoke to a source who said that baby blankets were missing on the children`s beds. This is apparently when

police got to the house to do a welfare check. As you remember, there were blankets found near the oil sites and blankets in the kitchen trash cans.

BANFIELD: So what about this friend, some football player who played football with Chris. "The Daily Beast" had some reporting from someone who

knew Chris back when.

PELTZ: Right. It`s a man who played football with Chris growing up who says Chris is the kind of guy who wouldn`t hurt a fly. Says he never saw

Chris get angry with anybody. You have to think, this is the kind of witness Chris` defense team probably wants to put up in front of a jury.

BANFIELD: So interesting. We had a witness like that too. We have a friend of his. A roommate who said the same thing. Nice guy, wasn`t volatile,

wouldn`t hurt a fly essentially. Thank you, Kyle. Alexis (ph), I`m going to ask you to stand by, if you will, as well. David Beller, I like you to

stand by too. In a case filled with unanswered questions, there is one thing that we do know for sure.

Chris Watts` defense team is working overtime. They are working feverishly, trying to figure out ways to plant seed of reasonable doubt to whomever

ends up in his jury box if there is a jury box. So what about those people on his defense team? What kind of cases have they worked on before and have

they prevailed? You`re going to find out in a moment.

[18:35:00] (COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: We`re not promised tomorrow. We`re not promised anything.

UNIDENTIFIED MALE: I need to see everybody again. This house is not complete without anybody here.

UNIDENTIFIED FEMALE (voice over): Police arrested Chris on suspicion of killing his wife and children.

UNIDENTIFIED FEMALE: And then I`ve seen his interview and I was like, oh, my god.

UNIDENTIFIED FEMALE: Eight years later, we have two kids, we live in Colorado, and he`s the best thing that has ever happened to me.

(END VIDEOTAPE)

BANFIELD: Tonight, we may feel like we know a little bit about Chris Watts, but it`s only a matter of time until we start knowing a lot more

about the voices who will be speaking for him. The public defenders. The ones we`re going to get to know real well as soon as this case goes to

trial, because they have a story to tell and they have a hard job in front of them.

They have to convince everyone, well at least 12 people, that Chris Watts is no cold-blooded killer. And they have a lot on the line, too, because

they might not just face the task of keeping Chris Watts out of prison, they may just face the task of trying to keep Chris Watts alive.

With me now, Colorado defense attorney David Beller. David, I couldn`t help but notice, of the two public defenders who were assigned to this case,

Kathryn Herold and John Walsh, Kathryn Herold has some really high profile murder cases that she`s worked on. Do you know her background?

BELLER: I do. So, she is a younger attorney, but is clearly a very talented lawyer. Unfortunately, Colorado has seen some pretty horrific

homicides over the course of the last several years and Kate Herold -- Kathryn Herold really seems to be the attorney that the public defender`s

office has been going to. There was a terrible case where a woman cut out a fetus from another pregnant woman.

[18:40:04] Kate was on that case. There was a second matter that Kate was on where a man is accused of killing his or convicted of killing his

girlfriend and dismembering her body. Another case with Kate. She`s a talented lawyer, a good lawyer, and seemingly a good fit for this matter.

BANFIELD: Yeah, those cases you mentioned were really high profile. If anybody remembers a woman who solicited or lured the pregnant woman with

offers baby clothes pulled on Craigslist. That was the Dynel Lane case you mentioned.

Let me ask you this. A great -- and then the other, the Michelle Wilkins case. I can`t think about Michelle Wilkins. No, I can`t think of what

Michelle Wilkins --

BELLER: Adam Densmore was his name.

BANFIELD: Oh, right, right, right. That -- no, no, Adam Densmore killed Ashley Mead. Let me move to an important issue that one of our Facebook

viewers brought up. I think this is very interesting. Leanne Boone (ph) asks, now I am just totally disgusted by Chris Watts. I`m wondering, is

there any way they will not seek the death penalty? Can you help us out with that?

BELLER: The death penalty in Colorado is very rare, Ashleigh. In my lifetime, since 1976, there has only been one person who has been put to

death. To my knowledge, no one in Weld County, in Greeley, this very small, very small rural jurisdiction, has ever been charged with the death

penalty, certainly not something that I can remember. Colorado, unlike other states, has life in prison without parole. It`s an option that juries

prefer.

BANFIELD: So let me read this. This is fascinating and you know what, if you`re watching this show on a regular basis, and you`re out there in your

living room right now, strap a seat belt on you because when I read this, it`s going to blow a lot of people away, but this is normal. This happens a

lot.

Not even going to say who the poster is on this on Facebook, but this person, a woman, says, waiting on Chris to be exonerated soon. I think she

means acquitted, but he is not guilty. Pray for Chris. I`m madly in love with him and the passion I feel towards him is immense. Team Chris. Hashtag

team Chris with hearts.

Not sure this person is thinking about what those daughters` bodies looked like when they were fished out of the oil that he allegedly admitted to

doing. But this is a thing with women and inmates and people who go on trial, the Menendez brothers had tens of thousands of love letters and

naked pictures sent to them when they were on trial.

How do you, if you are counsel in this trial, especially if you`re a prosecutor, how do you make sure there`s not a stealth juror like that girl

who gets on the panel?

BELLER: You know, jury selection is an art for the lawyers. And all we can do is ask the right questions, hope that we can expose any of those biases,

regardless of what the biases are. And really, Ashleigh, crazy shows themselves. It`s difficult to hide crazy --

BANFIELD: Yeah, I hope so.

BELLER: -- especially to talented lawyers on either side.

BANFIELD: I`ve never understood it, but this happens with every single inmate. They get love letters, et cetera. Sometimes, they get married in

prison to strangers. You know, I know I have to go to break right now, but I can`t before I ask you this. You have to make it a quick answer if you

can, please, David. Shanann`s family, as they wait for justice in this case, they could be putting together, knitting and sewing together the

wrongful death case against them. In case say he is acquitted, right?

BELLER: They could certainly be doing that, of course. He would have to have money in order to give them, really to make it worth their while.

BANFIELD: Or those wages could be garnished for the rest of his life. Ask O.J. I`ve always been fascinated by how that works. David, thank you for

that. There are still so many things that we really don`t know about Chris Watts` movements, let alone the personality, but what he did the night that

Shanann came home from Arizona.

For example, is it possible that he took his children to the work site before Shanann ever got back to Colorado? Your Facebook questions are next.

[18:45:00] (COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE (voice over): Hi. Oh, I love it. Good job.

UNIDENTIFIED FEMALE: High five.

UNIDENTIFIED FEMALE (voice over): High five, baby.

Do you like my hat?

UNIDENTIFIED MALE: I love the hat.

I might just have to comb over your hair like this and say, hey.

(END VIDEOTAPE)

BANFIELD: It`s probably because those kids are so damn cute. Just so innocent. And so undeserving.

[18:50:00] It`s probably because of that that this case has snowballed in public interest. There are roughly 40 different Facebook groups that are

talking about this case. And within those groups, somewhere around 86,000 members, and some of you have sent some remarkably astute questions.

I want to read one from Stephanie Davis (ph). She says this, has anyone else thought that maybe he disposed of the kids the night before the wife

came home? It just seems like a lot of work in that period of time. Actually sounds impossible."

Marc Harrold, as a former police officer and as an attorney, you have a unique perspective on that because you can see it from the prosecutor`s

perspective and you can see it from the cops who are doing the investigation as well. That`s a good question.

MARC HARROLD, FORMER POLICE OFFICER: It is an interesting question and something I had not thought of. One thing would be if you are looking at

the time and you are looking at the disposing of the bodies in the oil and whether it would cause you have to drain it and refill it, that would take

a lot of time.

So if the scenario would be that he would do that first, she would come home, then he would kill her, and then take her back to the same spot, it

would take multiple trips out there. But we do know that he took more steps to conceal the two bodies of the children than he did his late wife`s. So,

it`s an interesting scenario.

BANFIELD: Yeah.

HARROLD: It just would -- it would answer some time questions, but it will also somebody taking multiple trips out there, I think, probably would up

their chances of being discovered.

BANFIELD: Of being caught.

HARROLD: Right.

BANFIELD: I also think that the stomach contents will be very telling with these little girls. They went to a birthday party, which is apparently what

they did on Sunday, maybe afternoon or early evening. If they were killed that day, then there would be stomach contents that would show that. They

empty out in six hours. So if they were killed according to Chris Watt`s story, they would have emptied out more than likely.

I have this question from Stacey Olbert. One thing I can`t understand is why did he put the girls in two oil tanks instead of putting them in the

same one? I think that is a really fascinating question, Marc, because we went over this whole scenario last week, how difficult it would be to put

those children into the top 8-inch in diameter entry points into the tanks, and only way to put them in on almost full tanks, if the entry way was on

the bottom is to empty each one out.

It does seem like an enormous amount of work to put each child in a separate tank. What do you think of that?

HARROLD: It really does. It`s a lot of time. This is an area that he had some familiarity with and probably knew when people would be coming and

going.

Picking two different drums or containers definitely would up -- if we are understanding what would have to be done to get that oil out, the amount of

oil that can come out of the opening and how long that takes, and then they were found with oil back in the drums which means they were refilled, the

only thing I could think of off the top of my head and this is hard to fathom because we`re looking at the defendant here in such a negative

light, of course, he is presumed innocent until conviction, but that it was some sort of symbolic thing, that it was separate graves, that it was some

way of doing it separately.

I know that sounds odd, but we`ve seen people, deranged people, people who commit horrible crimes, do symbolic things with loved ones after death.

BANFIELD: Yeah.

HARROLD: And that`s the only thing I can think of, even though I don`t know that we really want to think about him doing something like that.

BANFIELD: You would think at least a father would at least let those children be together, even in death, if that is -- I mean, it`s just hard

to fathom what he was thinking.

HARROLD: All I could think of.

BANFIELD: I have more questions, so just hold on one second, because a lot of people have asked about FaceTime. Shanann was always on Facebook live

and she was likely probably doing some FaceTiming with her kids as well while she was traveling, right? So, can you trace her FaceTimes with her

children? Can that help the timeline? You`d be surprised at the answer, next.

[18:55:00] (COMMERCIAL BREAK)

BANFIELD: It`s just remarkable to me that 86,000 people on Facebook are talking about this case at any given time. That`s how many Facebook group

members there are.

One of them, Carrie Humphrey Carson (ph), has sent us a really interesting question. My question is, did Shanann not call home while she was gone and

talk to the kids or face time them? She seemed to love them so much and was with them so much, and when I traveled I miss my kids so much I had to call

home and hear their voice and see their face.

Marc Saltzman, it made us wonder if Shanann`s facetiming her children might help with the timeline. You can tell when someone facetimes, but can you

tell by the records who they facetime?

MARC SALTZMAN, TECHNOLOGY EXPERT: Yes. So on both devices, because there has to be two Apple devices that one makes the call, the other one receives

it, you could see a call log that will tell you whether it was a FaceTime video call, a FaceTime audio call, a regular phone call and when.

[19:02:00] The last 100 calls are logged. So, yes, you can do that --

BANFIELD: Yeah, but you don`t know if it`s Chris on the other end, and you don`t know if it`s the baby. Hey, thank you for that, Marc. Thank you as

well to all of my guests. The next hour of "Crime & Justice" starts right now.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: He`s a monster.

UNIDENTIFIED MALE: I can`t think of how much time and effort it takes to do this.

(END VIDEO CLIP)

BANFIELD: Tonight, exclusive new details in the case against Chris Watts.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: He never once cried.

(END VIDEO CLIP)

BANFIELD: Just what is it police have in their sights?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: It seems like a lot of evidence.

(END VIDEO CLIP)

BANFIELD: A source confirms they are drilling down on the data from the apple watches they always wore, the electronic spies.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Alexa, turn it down.

(END VIDEO CLIP)

BANFIELD: That just may know who killed who.

(BEGIN VIDEO CLIP)

SHANANN WATTS: We`re not promised tomorrow.

(END VIDEO CLIP)

BANFIELD: All as chilling details begin to sink in.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The oil probably was not completely drained out by whoever put the girls in these tanks.

(END VIDEO CLIP)

BANFIELD: about the eight hour agony to retrieve those little girls and drain all that oil.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: it`s somewhat shocking to think about.

(END VIDEO CLIP)

BANFIELD: And where those little girls` toys and clothes will be moved to now.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Yes, they did. They literally blocked the whole -- the entire front of the house and the driveway.

(END VIDEO CLIP)

BANFIELD: and just who is signing in to see Chris Watts as he shapes and molds his defense.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: If one of the visitors, someone he had an affair with?

(END VIDEO CLIP)

BANFIELD: Why don`t the public and prosecutors are not allowed to know.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Not doing well at all, and depression is setting in.

(END VIDEO CLIP)

BANFIELD: Good evening, everyone. I`m Ashleigh Banfield. This is Crime and Justice. And tonight, a big, big possible breakthrough in the

investigation into how the Watts` girls died. And it`s coming at a good time because today marks seven weeks since their first went missing, and

these seven weeks have shown the Watts` girls were never missing. That they were killed and dumped at daddy`s work site, tiny little Bella and

Cece dropped in oil tanks that took a full eight hours to drain before police could actually fish those bodies out. A

And even though their father is in jail accused of wiping out his entire family, we still don`t know how those girls died or even what evidence

there may be that he killed them because that information has been locked up for weeks. But something might have been unlocked tonight. According

to a source close to the investigation, it is something you actually might be wearing right now. And something Chris and Shanann Watts certainly wore

all the time. Who knows if she was wearing it the night she was home from the business trip, and then allegedly had that emotional late night talk

with her husband, he says, before police say he annihilated his entire family.

The apple watches. We know they both had one. And now we know, according to our source, that the District Attorney is doing a very deep dive into

the data to see what it can tell us about these murders, and who was doing what and when. Helping us to sort through this is our technology expert,

Mark Saltzman. He joins me now.

He`s the author of Apple Watches for Dummies which could not be more applicable at this point. Listen Mark, we talked either last week or the

week before about what the Apple Watch might do for us and low and behold, we learn from a source close to the case that in fact, they are looking at

the Apple watches, one or both, we don`t know. But what is so significant is that we can prove through photographs that Shanann Watts posted she had

the Apple Watch 3.

And the Apple Watch 3 can be determined by a little red dot right there on the side. That gives you cellular service. And what`s critical about that

is it tracks more moves than the average person might be aware. Can you give me the primer on the Apple Watch 3 and what it tells about her

movements that night?

MARK SALTZMAN, AUTHOR, APPLE WATCHES FOR DUMMIES: Sure. So the Apple Watch series 3 that debuted last year 2017 and then the new one that just debuted

series 4 have the option to be connected to a cellular network. So it`s not on by default. You pay an extra say $10 a month and that means to leave

your iPhone at home, go out, and get a phone call or text on your wrist as if you had your phone strapped to your wrist. It`s not on by default.

Again, you need to pay for that.

So this does say that the hardware that they are wearing supports it. So the authorities have been talking to their mobile phone provider to see if

they in fact, if they had a plan because what that tells the authorities, the investigators, is, you know, through cell triangulation where they were

and when by pinging the cell phone towers we see on the streets.

BANFIELD: And I`m going to get to that in a moment because you know according to Police Chris Watts told us travels with you know her dead body

in the back of the trick. I don`t know if her dead body was wearing the watch. But what I find even more intriguing and Mark you`re going to help

-- you`re going to have to help me sort through whether this is possible. She came home from the airport at about 2:00 in the morning.

I`m always wearing my watch coming home from the airport. I do take it off to go to bed, but a lot of people don`t. So if she walks in that front

door and then climbs the set of stairs to the second floor, her movements through the house will literally be tracked counting step by step. The

ascension up the staircase, everything she did from the moment she came home will be recorded, won`t it?

SALTZMAN: Yes, that`s correct. So with the older apple watches, it had a built in Pedometer which simply counts your steps forward or back. You

know it`ll tell your estimated distance traveled. Your estimated calories burnt but the newer Apple Watches including the ones that they`re wearing

have a built in altimeter or barometer which can also detect height.

So going up or downstairs, again, the main application for that is to track your fitness information, and all that is kept on the watch until the watch

is synchronized with a nearby smart phone. It has to be an iPhone or with Apple iCloud which in the air if you will, a cloud service. So, yes, her

watch could theoretically show how many steps were taken up or down and when even though to find that is really a lot of micromanagement to

pinpoint when, but definitely those steps up and down would be calculated.

BANFIELD: Well, one of our staff members actually looked on his watch today and saw when he was ascending stairs in the city, which, you know

pinpoint accuracy, and it just tells me that there is a digital electronic spy watching what happened in that house between 2:00 a.m. and 5:30 in the

morning. So let me walk through a couple scenarios. And you tell me whether this will show or won`t show.

Shanann presumably is wearing her watch. She`s coming home from travel. She`s presumably got her phone with her as well because we know she used it

in Phoenix on the work trip and we know it was founds wedged between sofa when she was home. So she`s walked in the door, put her suitcase down at

the bottom of the stairs. It did not ascend.

Her shoes stayed at the front door. If she`s ascended the stairs to the second floor, that apple watch will show that. If she then went to bed and

went to sleep as Chris Watts says happened, that Apple watch will show her heart rate doing this. If there was an emotional conversation at 4:00 a.m.

or 5:00 a.m., whatever version he settles on, that apple watch will show that she`s now awake and speaking and if she flies into a rage and runs

into one child`s room and strangles one child and then walks the distance to the other child`s room and strangles the other child, all of that will

be recorded if she`s still wearing that watch, correct?

SALTZMAN: Everything you said is correct, except it would be hard to prove that he walked from one location to the house to another. You know the --

I guess the defending lawyer could say well she could have walked anywhere because it does show you the location of where she was, but if she

activated an Alexa speaker in the child`s room, and that is all logged then they know it`s her voice in that room. But everything you said was

correct except to prove that she walked from one part of the house to the other would knot been captured or shown or a map, for example, through the

watch or through the iPhone.

BANFIELD: So tell me this, if Chris Watts` story to the police is that he went downstairs after his emotional conversation, for a moment, he says,

came back up to see one child dead on the monitor and Shanann actively strangling the other, this would have had to happen in a very finite period

of time, and there would have had to be a set of steps walked between two rooms in order to get into two rooms to do that, to two different children,

and those steps would be recorded between those activities as well as heart rate, correct?

SALTZMAN: Yes. OK. In that case, correct. If the bedrooms were on different floors, then it will show you if you`ve ascended or descended.

When it is synced with the Applie -- sorry, with iPhone because that level of detail as I mentioned earlier isn`t kept on the watch. It will show

there`s were some steps elevated. But --

BANFIELD: Well the bedrooms are all on the second floor.

SALTZMAN: Yes. Yes. OK.

BANFIELD: So there won`t be any accession of starts in Chris Watts` version of the story that nights events.

SALTZMAN: Right.

BANFIELD: But they are in different rooms. And we know that because the cameras toggled between two different rooms.

SALTZMAN: Right. Yes.

BANFIELD: However I do want to ask you this. If then if Chris Watt`s version of the events that night is true, he would have then flown into a

rage. And I have not even gotten to him wearing a watch and what his Apple Watch would be saying about going up and downstairs and flying into a rage.

But Shanann would then be strangled by him, and walk me through what the Apple Watch would tell us if that were happening.

SALTZMAN: Sure. So as you likely know, the Apple watch is -- And it has a built-in heart rate monitor, and then the newer version that just debuted

has an ECG, an electro cardiogram but let`s not go there because this all - - that version of the watch came out after al of this. So presuming that they were wearing their Apple Watch series 3 throughout all of this, you

will see elevated heart -- heart rate numbers or a decrease if she went to sleep, for example, as you said earlier. So that is all kept and stored on

the watch and then synchronized back to the iPhone. It could show --

BANFIELD: Mark, what would happen if she were being strangled? What would the watch show us if what Chris Watts` says is while strangling one child,

he discovers it and comes in to strangle her. What would the watch say to police who might be -- who are according to our source digging into this

data?

SALTZMAN: Yes, well I`m not a medical expert. But I would assume the heart rate would be elevated in any confrontation, physical or verbal, and

if she set up the S.O.S. feature on the Apple watch when -- if there was some sort of trauma, then, for example, a severe drop in heart rate, it

could notify like 911 call through the wrist, by the way or a list of people that you predetermined. But I don`t think that happened, and that

would have been setup in advance, but that`s an S.O.S. feature. It could have happened --

BANFIELD: So what do you -- I thought that, yes. We just put that up on the screen and this is really fascinating. On the left hand side, you can

see, it looks like you`ve taken a hard fall.

SALTZMAN: Right.

BANFIELD: You can either Hit S.O.S. Yes or, I fell, but I`m OK. But you`re saying that also if your heart goes extremely high or extremely low

or stops, you might also get that emergency services option on the phone right away and you see the little 10:09 p.m. or a.m. up on the top. It

would records that moment that your heart stopped, correct?

SALTZMAN: That`s right. That`s correct. So Apple just released series 4 which takes us to the next level with the built in ECG monitor. But even

with the last year`s version, it would have been set up in advance. That`s the caveat. You got to set it up in advance.

BANFIELD: Well let me tell you if there`s a girl who I`ve come to know via her extraordinary prolific Facebook posts to be someone who is

extremely electronically savvy, it`s Shanann Watts. This woman spent all her time Facebook live. She was posting constantly. She seemed to have it

figured out.

Her entire home was electronic. Her locks were electronic. Her key pads to get in the door were electronic. So it would not surprise me in the

least if she did not set that up to be monitoring her health at all times, given the fact her business was losing weight, being healthy, wearing a

patch, and figuring out how her health was being tracked, so that is just a fascinating -- one other thing I want to go to.

We now know that whatever happened that night, let`s just say, for instance, Chris is not telling the truth and Shanann came up the stairs and

was strangled well before Chris Watts says it happened, before 4:00 or 5:00 in the morning, that shows as well, if she mounted the stairs and heart

rate soared and then just stopped, none of his story is true, correct?

SALTZMAN: Absolutely true. The Watch would have all of that data captured, and even if it had not synced with the cloud or nearby iPhone, it would be

kept on the watch for at least say 12 hours. So I`m hoping if that`s the case, or even as preventative measure that the authorities had all the

digital evidence and seems they were a tech-savvy family.

BANFIELD: I saw something that`s 30 days.

SALTZMAN: A tech savvy couple.

BANFIELD: I saw the watch will hold this data 30 days, but if it syncs to your phone which by the way she had both of them. She`s coming in from the

airport, that that goes to the cloud and it`s would be there far longer than 30 days.

BANFIELD: Yes

SALTZMAN: Who knows if the prosecutors who now were learning through our source are digging into this data, got to it before the 30 days was up, but

if they didn`t, would it even matter? And here`s the other issue, Mark. Let`s just say she`s now dead and she`s being thrown in the back of the

truck and being dumped into a shallow grave at the work site, and she`s still got the watch on.

That tells us exactly if Chris Watts was telling the truth when he allegedly said to the police, I then drove to the site and got rid of the

bodies. If he made stops along the way or did anything else, that watch would be pinging the whole way without that cell phone, wouldn`t it?

SALTZMAN: That is true. Even if they retrieved the watch, even though series 3 is water proof, the first two are not, or first one, rather, was

not water proof, after being in oil for a minimum of eight hours, that could render it, you know, useless.

BANFIELD: Nope, she`s fine. She was not submerged, but she was in the shallow grave and children were emerged in the oil. So that won`t even be

an issue.

SALTZMAN: thank you. Thank you for reminding me. I know you`re a lot more -- you`re a lot more intimate with this case than I am but yes, so --

BANFIELD: Well you know who else is, is the prosecutor. They know way more than any of us combined I`ll tell you. But let me ask you this. So

we`ve actually gone through the motions of what Shanann`s Apple Watch might be telling us if she was wearing it. But now let`s talks about Chris Watt

Apple Watch because he tells quite the story. We can`t tell you if he has a series 3 because it never shows that red dot, and that`s not to say he

doesn`t have one.

There`re no non-cellular versions of the Apple watch series 3 and beyond. So it`s possible he says i went downstairs for a moment, that`s monitored.

That`s in the cloud. Chris Watts, if you did not walk down the stairs for a moment and ascend and have the heart rate go through the roof because you

told the police you saw something horrifying, flew into a rage to kill your wife and you better use the stairs a few more times bringing those bodies

downstairs; There`s a lot that Chris Watts Apple Watch could tell us about whether he`s telling the truth as his version, in that house, or whether

he`s telling boldfaced un-timed, no timeline lies, right?

SALTZMAN: Absolutely. Even without that cellular connectivity, by default the Apple watch works over WIFI, which they had WIFI in the home.

We know that because they talked to Alexa that requires WIFI, so, yes, even without that, there`s a lot of other data captured, including his activity,

when that was captured, and where. Up or down or is it just regular steps. That is all captured.

BANFIELD: My God, I`ll bet you -- I`ll bet you he doesn`t know who you are and he doesn`t know what his spy is either and I`ll bet you the electronic

data that comes from those two devices, let alone the phones, is going to be miraculous. I think it`ll be a star witness in this case. Mark, I`m

going to go to break, but not before reading this from Liz Feral.

She wrote to us on Facebook. The apple watches don`t have a long battery life, therefore, most people who have them don`t wear them at night because

they need to be charged, not sure if Chris would have had his on at that time. I can tell you this, it is possible that she wore it to bed. Many of

my staff have said they wear theirs to bed. It is possible she took it off.

It`s possible she was killed before she had a chance to see her bed. She came in from travel. And I will also say this, we did a little digging on

the Apple watch battery, and, actually, it`s got quite a battery life. It can be upwards of 14 hours, and even more, if you are not doing a lot on

it, and she spent her time on her phone. So maybe she`s spending her time wearing down the phone battery, not so much the watch battery. But it`s

possible that watch had full battery power even after a long delayed travel day.

Chris Watts, speaking of delay, has not spent 47 nights in the Well County Jail. It can`t be comfortable. Tonight, as he begins his 48th night, we are

wondering if he is still on that suicide watch called close watch protocol. What`s become of Chris Watts psychologically? What are his thoughts now?

How is he adjusting to life as an inmate, and, by the way, get a load of his brand new booking photo.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: They had the hearts and souls of angels. I can`t believe they are gone.

UNIDENTIFIED MALE: I always wondered why he was so quiet

CHRIS WATTS, SUSPECTED MURDERER: This house is not complete without anybody here.

UNIDENTIFIED FEMALE: He just didn`t seem like the type of guy to injury a fly.

BANFIELD: Chris Watts is checked every few minutes to see if he`s still alive and his cell has been stripped of anything dangerous.

UNIDENTIFIED FEMALE: We didn`t want to believe he was capable of anything but he`s a monster.

(END VIDEO CLIP)

BANFIELD: He was arrested the week they went missing, when the police say he led them to their bodies. And since then, he`s been behind bars

reportedly on what`s considered suicide watch, in their language, close watch protocol. Eventually, Chris Watts could get more freedom, though,

like the chance to spend some money at the jail commissary that`s where inmates there could buy ponytail holders and cookies and candy.

Funny, because those are the kind of things his two little daughters would have loved. Look at those ponytail holders on those little kids. Skin care

products and you shadows, may have used those later in life, they are available at the commissary. And artificial tears are at the com, which

Chris Watts couldn`t seem to muster back when he told everyone his family was simply missing, not dead, floating in oil, rotting in a shallow grave,

no, he was smiling.

Maybe he`ll need the artificial tears. I want to bring in r in radaronline.com journalist senior Reporter Alexis Tereszcuk. She joins me

live now. Alexis this is interesting report, the source close to the case has told us that police have told -- have told Shanann Watts` mother

something People Magazine learned and that was that Chris Watts was stunned that this case is getting a lot of press coverage, especially overseas.

It`s shocking to think of that given how severe the pattern is in this case.

ALEXIS TERESZCUK, RADARONLINE.COM JOURNALIST: Well also, he was courting the press when he already killed his wife or allegedly killed his wife,

when she was gone, children missing, he gave multiple interviews standing on his porch. So I think he`s kind of aware of the press, and the prize is

maybe the surprise that he`s going to be -- his face is flashed all over the world being called a murderer.

BANFIELD: Yes.

TERESZCUK: So I think that his time behind bars, while he has still been under, we heard, suicide watch, not exactly what they call it, but I think

he has access to other people who would be talking to him about it, and as you know, he -- we are not able to find out who is visiting him or talking

to him, so people could be telling him anything.

BANFIELD: So the source I spoke with at the jail, who described what close watch protocol is in detail to me told me in his particular case, it means

no commissary allowed at all, and yet we`re seeing what he could get. We`re learning he`s not purchased these things, leads me to believe after seven

weeks, who doesn`t want a treat after being locked up 23/7 with three squares of jail food a day, yet he`s not purchased anything. Have you got

the list? Did you see the things he can buy?

TERESZCUK: All junk food, a lot of candy, but there`s a lot of things maybe that he would not buy like makeup, hair bows, but there`s snacks,

there are cans of tuna, and he can have cup cakes, there are potato chips and things like that but he may not have any money. When he was arrested,

they could have put the money that was in his wallet into the account, but he may not have any money, and I don`t know that people are spending money

from all over the world to give him money behind bars.

BANFIELD: I don`t know. you know, I`ll only beg to differ because I know his parents may be very supportive of him, his father flew in, was there at

the jail, his father spoke with him before giving the alleged confession so we know there`s a loving family that will likely be there for him if he

needs it or more than likely might put something in the commissary for him, whatever cash he had on him, when booked into the jail, they put towards

the commissary account as well. And then we learned, also, that inmates can order newspapers and magazine subscriptions. That won`t go through the

commissary, but we know under close watch protocol, he`s not allowed reading material inside the cell.

He`s only allowed to read what the newspaper is out on that common table out in the hour out room, and they call it hour out room and they call it

out the hour out room because you only get an hour a day out in that room by yourself. I want to bring in. I want to David Beller if I can, defense

Attorney. David, since you`re from Denver and know the system out there, we all found it fascinating when we saw the witness list, and we saw one of

the people on the witness list is Shanann Watts. How does that work?

DAVID BELLER, DEFENSE ATTORNEY: So they are going to endorse anyone and everyone that is going to be on the list, and/or has evidence to provide.

So what could be that it is just a minor typo, and frankly, it could be there`s a text message or diary or some other kind of written statement

from Shanann. And so in an abundance caution, the prosecution lists anyone and everyone.

BANFIELD: So let me ask you this. I can`t even remember when, but several weeks ago I noticed something in a Facebook post that Shanann did. She was

secretly videotaping Chris as he was doing something that any sort of delightful dad moment would be in the kitchen. He`s singing a children`s

song while he`s preparing hot dogs for the little kids, and she posted this little song. But in her hashtag it said, he`s going to kill me, and I know

that everybody in his right mind has probably said those words as a joke to someone in some point. But I also know that I covered a case back around

2010 of a woman in Florida who was convicted of killing her daughter by drowning her in the pool, and one of the pieces of evidence was that a co-

worker heard her say, I could have just killed her because she wrote with marker on the new leather seats in new car," that`s something they can take

and use.

BELLER: It can. It really can, Ashleigh, and so basically a statement made like that would generally be excluded from evidence under hearsay

rules. But the hearsay rules anticipated this type of thing, and so it says that an individual cannot kill somebody in order to prevent those

statements from coming in, and so when an individual is charged with murder, the victims statements here, Shanann`s statements are admissible

and they`re not excluded as hearsay.

ASHLEIGH BANFIELD, HLN HOST: All right. I want to bring in Kyle Peltz, our producer, he`s been working on this story. There`s been a lot of -- I

don`t even know how to describe it, but a lot of back and forth on the visitor`s log. He`s allowed -- how many visitors on his visitor`s log?

KYLE PELTZ, HLN CRIME & JUSTICE PRODUCER: Well, if he`s not in close-watch protocol, according to the jail, six visitors, and those can be changed out

monthly, but you have to stick with those six visitors.

BANFIELD: So they are logged, and if they come to the jail, we, as the public, have an access that -- we pay for this guy, OK? It`s our money

that puts him behind bars and gives him his food every day and his guards every day. So, by that notion, this is a public process, and we`re usually

allowed to see who`s on an inmate`s visitors` list. What`s happening with his?

PELTZ: Well, Chris Watts asked a judge to keep his visitors, his jailhouse visitors private. We don`t know who is visiting him. It sounds like it`s

probably defense experts, maybe people he`s trying to figure out what his defense is going to be by talking to. He asked the judge to keep that

private, and the judge, in part, agreed with that, and said, you know what, we`re not going to release this to prosecutors. If they want to see it,

they have to go to the courthouse, and it`s going to be redacted.

BANFIELD: Yes. So, what`s interesting, I mean, I -- it`s -- the court said, you -- the prosecutors can`t have his experts and the defense can

redact his experts off the witness list, but they didn`t say that Ashleigh Banfield can`t get his visitors` log and still, they won`t release it.

PELTZ: Right. The only people the judge specifically mentions cannot (INAUDIBLE) its prosecutors, and that`s it.

BANFIELD: It`s weird. All right. There`s a couple of other things that The Daily Beast uncovered. I mean, every reporter in his right mind is

scraping for as much information as they can find on this case because the authorities are so tight-lipped, and The Daily Beast broke a couple of

things. Like, the first thing that they talked about that stood out to me was the blankets in the children`s room.

PELTZ: Right. The Daily Beast spoke to a source who said that baby blankets were missing on the children`s beds. This is apparently when

police got to the house to do a welfare check. And as you remember, there were blankets found near the oil sites, and blankets in the kitchen

trashcans.

BANFIELD: So, what about this friend, some football player, who played football with Chris, The Daily Beast had some reporting from someone who

knew Chris back when?

PELTZ: Right. It`s a man who played football with Chris growing up who says Chris is the kind of guy who wouldn`t hurt a fly, says he never saw

Chris get angry with anybody, and you have to think this is the kind of witness Chris`s defense team probably wants to put up in front of a jury.

BANFIELD: So interesting. And we had a witness like that, too, I mean, we had a -- we had a friend of his roommate who said same thing, nice guy,

wasn`t volatile, wouldn`t hurt a fly essentially. Thank you, Kyle. Alexis, I`m going to ask you to stand by, if you will, as well. David

Beller, I`d like you to stand by too.

In a case filled with unanswered questions, there is one thing that we do know for sure. Chris Watts` defense team is working overtime, they are

working feverishly, trying to figure out ways to plant seeds of reasonable doubt into whomever ends up in his jury box, if there is a jury box. So,

what about those people on his defense team? What kind of cases have they worked on before? And have they prevailed? You`re going to find out in a

moment.

[19:35:00] (COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

SHANANN WATTS, MURDER VICTIM: We`re not promised tomorrow. We`re not promised anything.

CHRIS WATTS, MURDER SUSPECT: I need to see everybody again. This house is not complete without anybody here.

UNIDENTIFIED FEMALE: Police arrested Chris on suspicion of killing his wife and children.

UNIDENTIFIED FEMALE: And then, I seen his interview, and I was, like, oh, my god.

S. WATTS: Eight years later, we have two kids, we live in Colorado, and he`s the best thing that has ever happened to me.

(END VIDEO CLIP)

BANFIELD: Tonight, we may feel like we know a little bit about Chris Watts, but it`s only a matter of time until we start knowing a lot more

about the voices who will be speaking for him, the public defenders, the ones we`re going to get to know real well as soon as this case goes to

trial because they have a story to tell, and they have a hard job in front of them. They have to convince everyone, well, at least 12 people, that

Chris Watts is no cold-blooded killer, and they have a lot on the line, too, because they might not just face the task of keeping Chris Watts out

of prison, they may just face the task of trying to keep Chris Watts alive.

With me now, Colorado defense attorney, David Beller. David, I couldn`t help but notice of the two public defenders who were assigned to this case,

Kathryn Herold and John Walsh. Kathryn Herold has some really high-profile murder cases that she`s worked on. Do you know her background?

BELLER: I do. So, she`s a younger attorney, but is clearly, a very talented lawyer. Unfortunately, Colorado has seen some pretty horrific

homicides over the course of the last several years, and Kate Herold, Kathryn Herold really seems to be the attorney that the Public Defender`s

Office has been going to. There was a terrible case where a woman cut out a fetus from another pregnant woman. Kate was on that case.

[19:40:14] There was a second matter that Kate was on where a man is accused of killing his or convicted of killing his girlfriend and

dismembering her body. Another case with Kate, she`s a talented lawyer, a good lawyer, and seemingly a good fit for this matter.

BANFIELD: Yes, those cases you mentioned were really high profile. If anybody remembers the woman who solicited or lured the pregnant woman with

offers of baby clothes sold on Craigslist, that was the Dynel Lane case you mentioned. Let me ask you this, the great -- and then, the others, you

know, the Michelle Wilkins case -- I think about Michelle Wilkins -- you know, I can`t think of what Michelle Wilkins --

BELLER: Adam Densmore was his name.

BANFIELD: Oh, right, right, right. That, no, no, Adam Densmore killed Ashley Mead. Let me move to an important issue, one of our Facebook

viewers brought up because I think this is very interesting. Leighanne Boone asked, "Now, I am just totally disgusted by Chris Watts. I`m

wondering, is there any way they will not seek the death penalty?" Can you help us with that?

BELLER: The death penalty in Colorado is very rare, Ashleigh. In my lifetime, since 1976, there`s only been one person who has been put to

death. To my knowledge, no one in Weld County and Greeley, this very, very small rural jurisdiction has ever been charged with the death penalty.

Certainly, not some things that I can remember. Colorado, unlike other states, has life in prison without patrol. It`s an option that juries

prefer.

BANFIELD: So, let me read this -- this is fascinating, and, you know what, if you`re watching this show on a regular basis and you`re out there in

your living room right now, strap a seat belt on you. Because when I read this, it`s going to blow a lot of people away, but this is normal, this

happens a lot. I`m not even going to say who the poster is on this on Facebook, but this person, a woman, says, "Waiting on Chris to be

exonerated soon." I think she means acquitted, but "he is not guilty, pray for Chris. I`m madly in love with him and the passion I feel towards him

is immense. Team Chris. #TeamChris with hearts."

I`m not sure this person is thinking about what those daughters` bodies looked when -- looked like when they were fished out of the oil that he

allegedly admitted to doing, but this is -- this is a thing with women and inmates and people who go on trial, the Menendez Brothers had tens of

thousands of love letters and naked pictures sent to them when they were on trial. How do you, if you are counsel in the trial, especially if you`re a

prosecutor, how do you make sure there`s not a stealth juror like that girl who gets on the panel?

BELLER: You know, jury selection is an art for the lawyers, and all we can do is ask the right questions, hope that we can expose any of those biases,

regardless of what the biases are. And, really, Ashleigh, crazy shows themselves, it`s difficult to hide crazy.

BANFIELD: Yes, I hope so.

BELLER: Especially to talented lawyers on either side.

BANFIELD: I`ve never understood it, but this happens with every single inmate, they get love letters, et cetera, sometimes they get married in

prison to strangers. You know, I have to go to break right now, but I can`t, before I ask you this, you have to make it a quick answer, if you

can, please, David. Shanann`s family as they await for justice in this case, they could be putting together, knitting and sewing together the

wrongful death case against them. In case, say, he is acquitted, right?

BELLER: They could certainly be doing that, of course, he would have to have money in order to give them, really, to make it worth their while.

BANFIELD: Or, those wages could be garnished for the rest of his life, ask O.J. I`ve always been fascinated by how that works. David, thank you for

that. And there are still so many things that we really don`t know about Chris Watts` movements, let alone the personality, but what he did the

night that Shanann came home from Arizona. For example, is it possible that he took his children to the work site before Shanann ever got back to

Colorado? Your Facebook questions are next.

[19:45:00] (COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

S. WATTS: Say hi. Oh, I love it, good job.

BELLA WATTS, MURDER VICTIM: High five.

S. WATTS: High five, baby. Do you guys like my hat?

C. WATTS: I love the hat.

(LAUGHTER)

C. WATTS: I might just have to comb over your hair like this and say, hey.

(END VIDEO CLIP)

[19:50:00] BANFIELD: It`s probably because those kids are so damn cute, just so innocent, and so undeserving. It`s probably because of that that

this case has snowballed in public interest. There are roughly 40 different Facebook groups that are talking about this case, and within

those groups, somewhere around 86,000 members, and some of you have sent some remarkably astute questions. I want to read one from Stephanie

Davies, and she says this, "Has anyone else thought that maybe he disposed of the kids the night before the wife came home? It just seems like a lot

of work in that period of time, actually sounds impossible."

Marc Harrold, as a police officer and as an attorney, you have a unique perspective on that because you can see it from the prosecutor`s

perspective and you can see it from the cops who are doing the investigation as well. That`s a good question.

MARC HARROLD, ATTORNEY AND FORMER POLICE OFFICER: That is an interesting question. It`s something I have not thought of. The one thing would be,

if you`re looking at the time and you`re looking at the disposing the bodies in the oil and whether it would cause, you to drain it and refill

it, that would take a lot of time. So, if the scenario would be that he would do that first, she would come home then he would kill her, and then

take her to the same spot. It would take multiple trips out there, but we do know that he took more steps to conceal the two bodies of the children

than he did his late wife. So, it`s an interesting scenario. It just would -- it would -- it would answer some time questions, but it would also

somebody taking multiple trips out there, I think, probably would up their chances of being discovered.

BANFIELD: Of being caught. I also think that the stomach contents will be very telling with these little girls. If they went to a birthday party,

which is apparently what they did on Sunday, may be afternoon or early evening. If they were killed that day, then there would be stomach

contents that would show that. They empty out in six hours. So, if they were killed according to Chris Watts` story, they would have emptied out

more than likely. I have this question from Stacey Olbert, "One thing I can`t understand is why did he put the girls in two oil tanks instead of

putting them in the same one?"

I think that is a really fascinating question, Marc, because we went over this whole scenario last week, how difficult it would be to put those

children into the top eight-inch in diameter entry points into those tanks and the only way to put them in to semi -- or almost full tanks if the

entry way was on the bottom is to empty each one out. It does seem like an enormous amount of work to put each child in a separate tank. What do you

make of that?

HARROLD: Well, it really does. It`s a -- it`s a lot of time. Now, this is an area that he had some familiarity with and probably knew when people

would be coming and going. Picking two different drums or containers definitely would up -- if we`re understand what would have to be done to

get the oil out, the amount of oil that can come out of the opening and how long that takes and then they were found with oil back in the drums, which

means they were refilled.

The only thing I can think of off the top of my head, and this is hard to fathom because we`re looking at the defendant here in such a negative

light. Of course, he is presumed innocent until conviction, but that it was some sort of symbolic thing, that it was separate graves. That it was

some way of doing it separately. I know that sounds odd but we`ve seen people, deranged people, people who commit horrible crimes, do symbolic

things with loved ones after death, and that`s the only thing I can think of even though I don`t know that we really want to think about him doing

something like that.

BANFIELD: No, but you would think -- you would think at least a father would at least let those children be together even in death, if that`s -- I

mean, it`s just hard to fathom what he was thinking.

HARROLD: Yes, that`s all I can think of.

BANFIELD: I have more questions, so just hold on one second.

HARROLD: OK.

BANFIELD: Because a lot of people have asked about FaceTime. Shanann was always on Facebook live and she was likely probably doing some FaceTiming

with her kids as well, while she was traveling, right? So, can you trace her FaceTimes with her children, and can that help the timeline? You`d be

surprised at the answer, next.

[19:55:00] (COMMERCIAL BREAK)

BANFIELD: So, it`s just remarkable to me that 86,000 people on Facebook are talking about this case at any given time, that`s how many Facebook

group members there are, and one of them, Carry Humphry Carson has sent us a really interesting question. "My question is, did Shanann not call home

while she was gone and talk to the kids or FaceTime them? She seemed to love them so much and was with them so much, and when I traveled, I missed

my kids so much I had to call home and hear their voice and see their face. Marc Saltzman, it made us wonder if Shanann FaceTiming her children might

help with the timeline. You can tell when someone FaceTimes but can you tell by the records who they FaceTime?

MARC SALTZMAN, TECHNOLOGY EXPERT: Yes, on both devices because there has to be two Apple devices that one take -- makes the call, the other one

receives it. You could see a call log that will tell you whether it was a FaceTime video call, a Face Time audio call, a regular phone call and when.

The last 100 calls are logged.

END