Return to Transcripts main page
Nancy Grace
Cop Spills Coffee, Sues Starbucks; Mayor`s Wife Shoots Him Dead?; Sex on the Beach. Aired 8-9p ET
Aired May 06, 2015 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
NANCY GRACE, HOST: Breaking news tonight, live, North Carolina. When a Raleigh police officer, 44-year-old Matthew Kohr, pulls into the local
Starbucks, he gets the usual free cup of coffee for cops. But when the lid pops off, he claims the coffee cup collapses, coffee splashing on the lap
and legs of his police-issue uniform.
Bombshell tonight. In the last hours, he insists his love life has been ruined by hot Starbucks coffee he claims penetrated the crotch of his cop
uniform and underwear.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: ... burned by a free cup of coffee, is suing Starbucks now.
UNIDENTIFIED FEMALE: Kohr received a free cup of coffee at the Starbucks on P (ph) Street. Kohr says the lid popped off and the cup folded in on
itself in his lap.
(END VIDEO CLIP)
GRACE: And live, California Suburbs. A local town mayor pronounced dead after being shot multiple times by his wife. That wife, Livette Cresko
(ph), walks free. As we go to air, we obtained the chilling 911 call, prosecutors claiming she shoots out of revenge after claims her hubby mayor
takes a string of women to his man cave for lunchtime sex.
(BEGIN VIDEO CLIP)
911 OPERATOR: So your mom shot your father? Is that what you`re saying?
UNIDENTIFIED FEMALE: Yes. It wasn`t my mom`s fault!
911 OPERATOR: OK.
UNIDENTIFIED FEMALE: She was defending herself.
UNIDENTIFIED FEMALE: But the mayor`s family believes Livette killed him out of jealousy, the argument sparked by a call from his mistress.
UNIDENTIFIED FEMALE: (EXPLETIVE DELETED) (INAUDIBLE) (EXPLETIVE DELETED)
(END VIDEO CLIP)
GRACE: And live, Florida, where a couple get carried away and have full-on sex right on the beach, in the middle of children playing on vacation. Not
only did they shock beach goers, they managed to catch felony charges of lewd and lascivious exhibition in front of a child. That`s a second degree
felony. Now each facing 15 years behind bars. Now, a lot of people think sex on the beach is just a drink, but it`s a felony!
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Sex on the beach caught on camera.
UNIDENTIFIED FEMALE: Yes, they think it`s a joke.
UNIDENTIFIED FEMALE: This video sealed the dirty deal. Now these two will have to register as sex offenders.
UNIDENTIFIED MALE: This isn`t, you know, an after-hours disco.
UNIDENTIFIED FEMALE: It`s very disgusting.
(END VIDEO CLIP)
GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us.
Bombshell tonight. Live to North Carolina. When a Raleigh police officer, 44-year-old Matthew Kohr, pulls into the local Starbucks, he gets the usual
free cup of coffee for cops. But when the lid pops off, he claims the coffee cup collapses, hot coffee splashing on the lap and legs of his
police uniform.
In the last hours, he insists his sex life has been ruined by hot Starbucks coffee that he claims penetrated the crotch of his cotton uniform and his
underwear, and he is suing for nearly $1 million! Yes, $1 million, about $750,000!
Straight out to Candace Trunzo, senior news editor with Dailymail.com. Candace, not only does he say that the hot coffee slashed on to his crotch
-- and I`m putting that euphemistically -- and the inside of his thighs, he went to a doc in the box, you know, a Medfirst (ph) type thing...
CANDACE TRUNZO, DAILYMAIL.COM (via telephone): Right. Right.
GRACE: ... you know, urgent care thing. But he also says it exacerbated his Crohn`s and that he had to have surgery because he got coffee on his
crotch? I mean, a million dollars, $750,000 lawsuit? Did he have to take off work? I mean, did he miss work, Candace?
TRUNZO: He did miss work. He did miss work. His private parts were affected. His sex life was affected. And he says that although he`s had a
disease called Crohn`s disease, which is a disease, an inflammation of the gastrointestinal tract, he says that the incident exacerbated the disease
and he had to have surgery and removal of part of his small intestine, a foot of...
GRACE: OK, now, wait, wait, wait, wait! Candace Trunzo, the way you rattled that off, it sounds like you personally know the hot coffee ruined
his sex life, so I`m going to have to cross-examine you, Ms. Trunzo.
[20:05:00]TRUNZO: All right. Do it. Do it.
GRACE: So let`s take this from the top. So he pulls into the local Starbucks.
TRUNZO: Yes.
GRACE: And he gets free cup of coffee. Restaurants, delis, donut shops, coffee shops love it because people see cops there, and it makes them a
little bit safer, so they`ll give free food, free coffee to cops.
TRUNZO: Absolutely.
GRACE: He comes in, he gets a cup of coffee. And it`s my understanding, what, he`s walking to the Splenda and the sugar. OK, what exactly
happened?
TRUNZO: So he -- he gets the coffee. He claims that they didn`t put a sleeve -- you know when you go into Starbucks or any coffee place, usually,
there`s a sleeve to protect you from the heat of the cup. He says they didn`t put a sleeve on the cup.
I got to tell you that when I go into my Starbucks, I have to put my own sleeve on the cup. They don`t do it for me.
GRACE: OK, well, you know, if you want to pay $5 for a cup of coffee, that`s your business, Candace. That`s for rich people. I`m going to stick
with McDonald`s. You know, you can get a huge one for a dollar. But that`s not part of this lawsuit.
So he goes in. He gets out of the car. This is not a drivethrough.
TRUNZO: Right.
GRACE: He is walking to the sugar and the cream and all that, and what happen?
TRUNZO: And then he goes and sits down at the table. And in order to put (INAUDIBLE) in, he has to pop the lid. He puts the cup in his right hand.
He says he tried to get the lid off in his left, but the lid popped off without him doing anything. He says that the cup caved into itself, and
the coffee spilled all over him. And that`s what he claims happened.
GRACE: Now, Candace, you claim that he missed work. How much work did he miss?
TRUNZO: He missed several weeks of work, actually. He -- and then, of course, he had to have surgery, so he missed more. So probably a couple of
months all told.
GRACE: A couple of months? But wait! Wa-wa-wa-wait! The Crohn`s surgery was, what, about two months after this?
TRUNZO: Something like that. Yes, Nancy. I believe so.
GRACE: OK, to Dr. Bill Lloyd, surgeon and pathologist joining me out of Sacramento. Now, Dr. Lloyd, you and I typically disagree, all right?
Let`s just put it out there. So let me guess. You`re going to say that hot coffee spilled on your crotch can absolutely exacerbate Crohn`s
disease?
DR. BILL LLOYD, SURGEON AND PATHOLOGIST: Crohn`s disease is a serious medical condition, Nancy...
GRACE: Yes, it is.
LLOYD: ... and this gentleman had been diagnosed with it nearly 20 years ago. The answer is, absolutely.
GRACE: I knew it!
LLOYD: People with Crohn`s disease can have a flare-up, whether it`s from emotional trauma, physical trauma like a burn. Lots of adverse events can
cause your Crohn`s, that might be in remission, to flare up. And when you do, you get very sick.
GRACE: OK, now, hold on. Dr. Lloyd, people that I know with Crohn`s -- it`s extremely painful. But I`m not seeing how you spilling coffee on
yourself -- it`s your intestines, correct? People with a bad case of Crohn`s have to have some of their intestines removed. Luckily, you have
feet and feet and feet of intestines.
So how does spilling coffee on your skin affect your intestines inside your body?
LLOYD: I`ll walk you through it.
GRACE: OK.
LLOYD: The hot coffee lands in the lap, and the individual gets a burn. Now, I`m going to argue with the lawyers because I read the claim, every
page of it, and they describe a third degree burn.
Nancy, the only way you`re going to get a third degree burn at Starbucks is if the building`s on fire and it lands on top of you. I`ll give him the
second degree burn with blisters and a little scalding. Oh, by the way, if you had a third burn, you`re not going to Mediquick (ph).
But back to the story about the coffee. After recovering from the burn and all the trauma and the emotional stress, there was a flare-up of his
autoimmune Crohn`s disease, which gave him severe abdominal plain, relentless diarrhea, not in the mood for sex under any condition.
And as it continues, you can have problems with fistulas, with hemorrhages and an increased risk for infection, a very bad scenario. And when it`s
localized to one area of the bowel, they often remove it.
GRACE: OK, I`m still have a problem connecting spilling coffee on yourself and getting a Crohn`s flare-up.
But another disconnect I have is, is it Starbucks`s fault that he spilled the coffee on himself? Now, of course, this is not the first time this has
happened.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: An 81-year-old woman has been awarded $2.9 million after she sued McDonald`s...
UNIDENTIFIED MALE: It wasn`t like the McDonald`s employee took the coffee, threw it on her.
UNIDENTIFIED FEMALE: Who brings these frivolous lawsuits?
UNIDENTIFIED MALE: All kinds of people, people that are jackpot justice- oriented.
UNIDENTIFIED MALE: The media and corporate America did a masterful job. Mrs. Liebeck (ph) became a joke.
UNIDENTIFIED MALE: Businesses use a number of devices to keep the public out of the courts.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: In my line of work, you`ve got to keep repeating things over and over and over again for the truth to
sink in, to kind of catapult the propaganda.
UNIDENTIFIED FEMALE: I was burned so severely that they didn`t think I would live.
[20:10:00]UNIDENTIFIED FEMALE: Are you going to show me the burns?
UNIDENTIFIED MALE: What?
UNIDENTIFIED MALE: Yes, if I saw injuries like that...
(END VIDEO CLIP)
GRACE: That`s from HBO.
Unleash the lawyers. Joining me, Areva Martin, defense attorney out of LA, and Randy Zelin, defense attorney out of New York.
Let`s see the lawyers. First to you, Randy Zelin. Ever since that woman sued and got, like, $3 million -- it was reduced on appeal to $600,000,
they settled out of court because she spilled McDonald`s coffee in her lap -- there have been -- there`s a spate of hot coffee lawsuits.
Is it Starbucks`s fault? Did they give him a free cup of coffee -- which in my mind is irrelevant, whether he paid for it or it was free. But he`s
got a free cup of coffee, and he, fumbling around, spills it on himself? I don`t see how that`s Starbucks`s fault.
RANDY ZELIN, DEFENSE ATTORNEY: Well, it may not be. What it`s going to boil down to, based upon the facts that we`ve heard, if, in fact, the cup
kind of collapsed on itself, if there was a defect in the cup -- a customer certainly has a right to know that when they get a cup, that cup is going
to do what it`s supposed to do. And if it doesn`t, that`s why God made judges and God made courtrooms!
GRACE: OK, Areva Martin, explain to me why Starbucks should have to pay. And I`m usually on the cops` side, but you spill coffee on yourself as
you`re walking with the coffee -- he didn`t choose to put one of those sleeve things around it. He says he was trying to pop the top. And I
guarantee you, the pop (INAUDIBLE) the top popped off and he squeezed, and the coffee fell all over him.
Why is that Starbucks`s fault?
AREVA MARTIN, DEFENSE ATTORNEY: You just made a lot of assumptions, Nancy, that don`t appear to be the facts in this case. This is torts 101 -- a
duty on behalf of Starbucks, and they breached their duty. If the coffee cup didn`t perform, if the coffee cup collapsed and the hot coffee spilled
on him, absolutely, he has a right to seek damages in this case.
And I think he is within his right to pursue it. This man had serious injuries. He`s had to be off work. His entire quality of life has
changed, and he`s had surgery. So that`s what tort law is all about...
(CROSSTALK)
GRACE: Ms. Martin, I`m very familiar with tort law. But speaking of assuming a line of fact -- Candace Trunzo, senior news editor,
Dailymail.com, let me understand this. He had Crohn`s disease for years before this incident -- years, 20 years, all right?
Now, one of the things he mentioned in his lawsuit is that he could not do his extra jobs, which says to me he was doing his regular job. Now, didn`t
you also tell me that he was in the middle -- he was going to take the top off, and then he was holding the cup in his hand, and that`s when it
collapsed?
How do I know he didn`t squeeze when the top flew off? I mean, why do I assume or why does Areva Martin assume that the cup was defective? I mean,
we`re talking about a million dollars here!
TRUNZO: Well, Starbucks lawyers are saying that what happened is the lid popped off, whether by his hand or not, he was startled, and he himself
spilled the coffee in his lap. And that to me is another ballgame. No pun intended.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
[20:17:26]UNIDENTIFIED FEMALE: When you`re running in and out of a coffee shop like Starbucks, it may be the last thing you notice, a warning on the
side of a cup saying "extremely hot." Kohr`s attorney claims his injuries aggravated his Crohn`s disease and resulted in surgery to remove a portion
of his intestine.
GRACE: The country went haywire after a woman sued McDonald`s years ago and got a multi-million-dollar verdict from a jury. That was reduced.
However, the impression made that you could sue over hot coffee still remains.
Back to Candace Trunzo, senior news editor Dailymail.com. Candace, what about his sex life? If all it did was require him to go to a Medfirst (ph)
or a doc in a box, an urgent care overnight, how is he saying -- what does it say in the lawsuit? Can we see pieces of the lawsuit? Go ahead,
Candace.
TRUNZO: Yes. It says that the sex life between he and his wife, Melanie (ph), was affected, well, first of all, because of the burns. I mean, he
was burned not only his thigh, but he was burned on his private parts. And there were blisters. There were -- you know, it was painful. It affected
his whole groin. So of course, that puts the kibosh on the sex altogether.
And then the Crohn`s disease. He was having -- (INAUDIBLE) go to the bathroom. He was uncomfortable. Then he had to have surgery, and that
affected it, too. So they were probably -- you know, they were probably out of -- out of luck for several months, at least.
GRACE: Do we know -- do we know, Candace, how long -- you`re saying at least a couple of months. It`s my understanding he was out the amount of
time that he had sick leave, OK? Did he go beyond that? And if he did, doesn`t he get paid when you have some sort of a long-term illness?
TRUNZO: Yes, I`m sure, and especially as a policeman. He says that he used up all off his vacation time and sick leave. And I`m not sure if it
went beyond that, but he certainly used up what he had. And he`s asking for not only damages for the lost sex, but also for legal fees, for his
medical fees, which I`m sure he has a pretty good policy...
GRACE: OK. All right. For those of you just joining us, a police officer pulls into the local Starbucks in Raleigh, North Carolina. He gets his
free cup of coffee that they give to cops. And he is walking toward the sugar and the cream area.
[20:20:03]He was going to take the top off, but he said the pop top popped off, and suddenly, the cup collapsed, that it went all over him, all over
his crotch and his inner thighs, affecting his sex life and causing him to have a Crohn`s disease outburst and operation.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: ... free cup of coffee, burn (INAUDIBLE) when the lid popped off.
UNIDENTIFIED FEMALE: His injuries aggravated his Crohn`s disease and resulted in surgery to remove a portion of his intestine.
(END VIDEO CLIP)
GRACE: Tonight, we learn about a police officer suing Starbucks because his coffee spilled on his crotch and inner thighs. He`s suing for nearly a
million dollars. When you hear a hot coffee lawsuit, of course you think Kramer.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: And I had to step over someone, and I kind of got pushed and it spilt on me.
UNIDENTIFIED MALE: Was there a top on it?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED MALE: Did you put the top on, or did they put the top on it for you?
UNIDENTIFIED MALE: No, they put the top on. And they made (ph) the top (ph).
UNIDENTIFIED MALE: You didn`t make the top, did you.
(LAUGHTER)
[20:25:04]UNIDENTIFIED MALE: I want you to go down to Java World, get me a cafe latte with a top. We`re going to run some tests on that top.
(END VIDEO CLIP)
GRACE: Video is from "Seinfeld" from NBC.
Back to Clark Goldband, also on the story. What am I missing? What is connecting his injuries to the hot coffee, Clark?
CLARK GOLDBAND, NANCY GRACE PRODUCER: Well, Nancy, it appears from what we understand, Crohn`s disease can be exacerbated by stress and injury. It`s
important to point out in the document, the lawsuit claims that pus was also oozing from the leg, and the burn area was 3 centimeters by 15
centimeters. Starbucks, Nancy, counters that with, this man has an extensive Crohn`s history that goes back about two decades. So they`re
saying, Hey, this may all just be a coincidence.
GRACE: Coincidence? OK, this is not first time it`s happened.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Selena Edwards (ph) of Victorville (ph) is charged with making fake claims about her hand getting burned at a McDonald`s
drivethrough.
UNIDENTIFIED FEMALE: ... got pictures of Google images of second degree burns on hands and submitted them to an insurance company.
UNIDENTIFIED FEMALE: What she thought was spoiled coffee over the past six months was something far more outrageous.
UNIDENTIFIED FEMALE: Oh, my goodness. Because that`s when I put it all together, that that`s what I was actually tasting in my coffee.
UNIDENTIFIED FEMALE: The lid wasn`t on.
UNIDENTIFIED MALE: Cheryl Cornier (ph) claims her 11-year-old grandson suffered second degree burns in her car when a cup of coffee spilled on his
lap.
UNIDENTIFIED MALE: She ordered two cups, and the clerk spilled the second one right in her lap.
UNIDENTIFIED FEMALE: The lid fell off. Coffee just burned me.
UNIDENTIFIED FEMALE: I was burned so severely that they didn`t think I would live.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
[20:30:00] GRACE: Live - California suburbs. A local town mayor pronounced dead after being shot multiple times by his wife. That wife,
Lyvette Crespo, walks free.
As we go to air, we obtain the chilling 911 call. Prosecutors claiming she shoots her husband out of revenge after claiming her husband/mayor takes a
string of women - mistresses - to his "mancave" for lunchtime sex.
(BEGIN VIDEO TAPE)
NARRATOR: She shot and killed her husband, Bell Gardens Mayor Daniel Crespo, in their home.
(BEGIN AUDIO CLIP)
SON: My parents got in an argument and there were shots fired.
(END AUDIO CLIP)
NARRATOR: Mayor Crespo accused of infidelity.
(BEGIN AUDIO CLIP)
VOICEMAIL ALLEGEDLY LEFT BY LYVETTE CRESPO: If you think you`re going to come and destroy my marriage, you got another thing coming.
(END AUDIO CLIP)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: You just can`t blow away your husband with three shots to the chest because he`s got a girlfriend.
(END VIDEO CLIP)
(END VIDEO TAPE)
GRACE: Let`s take a listen to the 911 call we have just obtained. What clues do we learn?
(BEGIN AUDIO CLIP)
SON: Hi. I have to report an emergency. My parents got in an argument and there were shots fired on (inaudible).
DISPATCHER: OK. Where`s - who - where`s your friend? The one that got shot? Where is he at?
SON: It`s my father. He`s in the house. OK? It wasn`t my mom`s fault. She was defending herself.
DISPATCHER: So your mom shot your father. Is that what you`re saying?
SON: Yes.
DISPATCHER: OK. Where`s your mom at?
SON: He hurt me. He hurt me. He`s on the floor dying, OK? He hurt me.
DISPATCHER: OK. Ma`am - sir.
SON: (inaudible) nobody ever knew.
DISPATCHER: Hello?
SON: Yes, I`m here.
DISPATCHER: Where`s your mom at?
SON: She`s upstairs. She`s crying (inaudible).
DISPATCHER: OK. That`s fine. Where`s the gun?
SON: The gun is on the floor upstairs. Please get here.
DISPATCHER: OK. She`s upstairs.
(END AUDIO CLIP)
GRACE: Out to Michael Board, reporter, WOAI.
And Liz, while Michael fills us in, could you ISO that voicemail the wife leaves one of the alleged mistresses.
Michael Board, is it true that the mother claims she shoots the husband not out of self-defense but defense of her 19-year-old son? Is that correct,
Michael?
MICHAEL BOARD, REPORTER, WOAI NEWSRADIO (ON THE PHONE): That`s correct. What we know about this is the Lyvette and Daniel were in a violent
relationship. They liked to throw barbs back and forth at each other in phone calls, in text messages. They fought all the time over his
dalliances and this all came to a head this one night when the mom apparently sent a text to her 19-year-old son to come home that that Dad
was upset when he came home. What we heard is the - in that recording was the aftermath. He apparently got in the middle of the fight. Dad punched
him. He fell down the stairs. We`ve got his dad to follow him down the stairs and what we know from the grand jury testimony is the son says when
he turned up the stairs, he saw his mom with a handgun, pulled the trigger three times and say, "No more."
GRACE: Now, something you said - you just said - is very important, Michael Board, WOAI. The son, after he gets punched in the face by the dad
or punched by the dad, falls down. You just said he then gets up and coming back up the stairs, sees his mother at the top with a gun. Now, if
he`s afraid for his life, why would he be getting up and going back up the stairs? That tells me that these two guys - the father and the son - Dad
punches him but then, when the father is no longer attacking the son, the mom shoots. That`s what I`m hearing, Michael Board. Is that correct?
BOARD: What I got from this, Nancy, is that the son was trying to protect his mom. The son knew that it was a violent relationship. He thought
maybe he was going to try to protect his mom by trying to get the dad to come after him instead of attacking his mom.
[20:35:05] GRACE: Well, what - I hear you and I`m not arguing with that. But I`m looking at a finer, finer point. I`m parsing words right now and
I`m trying to figure out what was happening at the moment the husband, the mayor, was shot. And hey, I don`t like him. He`s running around on his
wife. He took some woman - a mistress - to Catalina Island a couple of days before this to celebrate her birthday. All right? But that`s when
you get a divorce. You don`t shoot the person. So punching the son is not good but it doesn`t warrant the death penalty. Is this revenge or is it
defense of a third person - that being her adult son? Did she really think he was going to be killed? Listen to this voicemail.
(BEGIN AUDIO CLIP)
VOICEMAIL ALLEGEDLY LEFT BY LYVETTE CRESPO: If you think you`re going to come and destroy my marriage, you got another thing coming. So if your
(expletive) itches, go find another (expletive) to scratch it on, you (expletive) dirty (expletive).
(END AUDIO CLIP)
GRACE: I want to go to two special guests joining us. Cynthia Galan, relative of the mayor, and James Devitt, attorney for the brother of the
victim - that being the husband, the mayor.
To Cynthia, thank you for being with us.
CYNTHIA GALAN, RELATIVE OF VICTIM (ON THE PHONE): Thank you.
GRACE: Cynthia, may I ask you what you make of the wife, Lyvette, claiming she shoots the husband dead out of self-defense, actually, defense of a
third person - defense of her 19-year-old son? What do you make of that, Cynthia?
GALAN: Well, at the end of the day, whatever the situation was in the household at that very moment, the only people who know what really went on
is Lyvette, Daniel Jr., and Danny who is no longer here to defend himself and to tell us what happened. As far as the family is concerned in New
York, it - we are suffering a very great loss. We cannot even begin to imagine that her home life was that intolerable for her to take such
extreme measures, especially if she had relationships built over the years that she was in the family.
GRACE: Hold on. Hold on. Cynthia, right now, we`re showing photos of the wife - of Lyvette - with a black eye and a bloody mouth. She says this
occurred at the hands of her husband, Daniel Crespo.
GALAN: Well, that information was never indulged to us. Anything that was going on with that family in the household was never told to us. The only
time we were in their presence was when they would come to visit New York and we didn`t see that side. No one knew what went on behind closed doors.
And at the end of the day, she had relationships with myself, my mother, and another aunt that she could have called and let us know that there were
issues that needed to be addressed. We cannot (inaudible).
GRACE: You know, let me go to James - with me, Cynthia Galan, relative of the deceased victim, and James Devitt, lawyer for his brother.
James, weigh in. What do you make of this? Because self-defense is easily can be proven in court. Defense of a third party - you`ve got to believe -
you know, unleash the lawyers, Areva Martin and Randy Zelin, join me and James Devitt.
First to you, Areva Martin. Defense of a third person - it`s unusual. You don`t see it a lot in murder or homicide defenses because it`s very hard to
prove that you think the 19-year-old son after one punch to the face is going to get killed so you shoot the father, Areva.
MARTIN: You know, Nancy, I think you have to look at this case in its totality. And what we know about this relationship is that it was very
violent. This is a battered woman who apparently suffered great emotional and physical harm at the hands of her husband and this kind of violence
often leads to death like we see in this case and this mother was concerned for her son. And it wasn`t just a punch. A punch that knocked him down
the stairs.
GRACE: OK. To James Devitt, lawyer for the victim`s brother. What do you make of this? Her claim - the wife`s claim that this is really defense of
her adult son or was it revenge? Was it revenge? I mean, was it the day before, he took a mistress to Catalina Island for her birthday the whole
day?
JAMES DEVITT, ATTORNEY FOR BROTHER OF VICTIM (ON THE PHONE): You know what? He was no great husband. He was no angel.
GRACE: You can say that again.
DEVITT: And he definitely had a zip - definitely had a zipper problem. But he didn`t deserve to die. Daniel Jr. was out of the zone of danger.
Lyvette would have never fired the gun if they were still fighting. He was actually in the basement level when she shot him. And she didn`t need
three shots to the chest. She could`ve fired a warning shot. She could`ve taken out his leg. She was an excellent marksman. She didn`t need to
(inaudible).
GRACE: Hold on, James Devitt, joining me out Santa Ana. Let me understand what you just said about who was in the basement level?
[20:40:02] DEVITT: Well, actually, it`s a three-level condo.
GRACE: Right.
DEVITT: When he - and when Daniel Jr. fell down the stairs - he ended up in the basement and was going to exit the garage according to the grand
jury transcripts.
GRACE: OK.
DEVITT: He wasn`t even in danger anymore.
GRACE: That makes a big difference, James. That makes a huge difference because if he`s no--. I am not condoning the mayor or the father or
husband, whatever you want to call him, the cheater. I`m not condoning him punching his son, all right? He should go to jail for that. But it`s not
a death penalty case.
Justin Freiman, wasn`t there a text or something between the husband, the mayor, and his wife about "You`ve got to quit threatening to shoot me in
the head", he wrote to his wife?
JUSTIN FREIMAN, NANCY GRACE PRODUCER: You`re right. There were - there were actually a variety of texts. And then, just before he was shot,
within an hour of him being shot, he actually texts her, "Rot in hell."
GRACE: Wait a minute. Wait a minute. Let`s go to the texts.
"I`ll find out who you got flowers for. It`s got to be a Bell Gardens whore." "It better be the last time you threaten to shoot me in the head."
"People don`t like to be played with or made a fool", she says. "I`ve put up with a lot. Don`t play with me." He says, "Rot in hell. You`ll regret
it. When I get home, let`s see how you`ll respond. With the rage I have, woman, you shouldn`t be pushing my buttons."
So he is actually telling her, Randy Zelin, "You`ve got to quit threatening to shoot me in the head", and he comes home, he gets three shots to the
chest, Randy.
ZELIN: Absolutely. But where I - where I fall on this whole thing, this is the classic case of the defense trying to go for the absolute win - the
acquittal - because the self-defense would be a complete defense as opposed to pushing for what we would an extreme emotional disturbance which doesn`t
get you an acquittal but takes you out of a homicide and into a manslaughter and into a much more favorable sentence.
(COMMERCIAL BREAK)
[20:45:01]
(BEGIN AUDIO CLIP)
CALLER: There`s a couple here that will not - will not stop getting naked in front of everybody. There`s children here.
Completely awkward.
Very muscular.
(END AUDIO CLIP)
GRACE: Live to Florida where a couple get carried away and have full-on sex on the beach right in the middle of children playing on vacation. Not
only did they shock beachgoers, they managed to catch felony charges of lewd and lascivious exhibition in front of a child. That`s a second degree
felony. Now, each of them facing 15 years behind bars.
A lot of people think sex on the beach is just a drink but it`s a felony.
Straight out to Michael Christian.
I get it, full-on sex on the beach, but 15 years and being registered as a registered sex offender? Hold on. Let`s listen, Michael, to the 911 call.
(BEGIN AUDIO CLIP)
DISPATCH: Manatee County 911. What is the address of the emergency?
CALLER: Hi. I`m at a beach. I`m at Anna Maria Beach and there`s a couple here that will not - will not stop getting naked in front of everybody.
DISPATCH: OK. Are you near--?
CALLER: I`m near Bird`s Nest. Have you ever seen Bird`s Nest condos? Yes. We`re right in front of it and I mean, it`s - it`s ridiculous.
DISPATCH: I understand. Let me get that location here.
CALLER: .very intoxicated. So I would hurry before they drive. Yes. They think it`s a joke. It`s very disgusting. And in case they - well,
how fast do you think they`ll be here?
DISPATCH: (inaudible) stay on the line. I`m getting (inaudible).
CALLER: I`m on the phone with police because he just took her top off so I`m not playing. I`m not dealing with it anymore. It`s ridiculous. No,
I`m going to stay on the line (inaudible) shut up.
(END AUDIO CLIP)
GRACE: Out to Caryn Stark, psychologist.
I mean, Caryn, it`s one thing if adults are on the beach and they say that and they can go, "OK, that is ridiculous." But when you get your children
are out on the beach and there is a couple full-on - did he have to wear that thong? OK. That should be a felony right there. All right? Yes, I
know they do it in Europe but really? So long story short, when you mix children in this scenario--. Now, I`m coming from a place where the S word
means stupid, the H word is hate, and I forgot what the F word is but whatever it is, we don`t say - oh, it`s fat. We don`t even say "fat". OK.
All those words. Gun - no. We don`t say the G word. His zapper. All those bad words and these - what? Can you imagine if I take the twins to
the beach and these two are having full-on sex?
CARYN STARK, PSYCHOLOGIST: I can`t imagine, Nancy. And really, if you think about it, it`s not just the children that you need to be concerned
about though. You have to be especially concerned. There`s no reason for them to have a public display. It`s not OK. These are exhibitionists.
They need to keep their sex in a private place. They were intoxicated and it`s hard to believe that they even are trying to deny this.
GRACE: No, they`re claiming, Caryn Stark, that they were both intoxicated. Joining me right now, Ronald Kurpiers, attorney for the couple who had sex
on the beach.
OK. Ronald, you`re a pretty well-known lawyer in the Tampa area. Explain to me what happened with your clients? You know, voluntary intoxication is
no defense.
RONALD KURPIERS, ATTY FOR COUPLE WHO HAD SEX ON BEACH: And that was not our defense and nobody said they were intoxicated.
GRACE: Oh, OK.
[20:50:01]
KURPIERS: .on that 911 call. Even the police officer said (inaudible).
GRACE: You know, I`m glad to hear that - that they were doing this stone- cold sober. I don`t know if that makes it any better. So what`s their defense, Ronald?
KURPIERS: Actually, you keep saying "full-on sex." They weren`t having intercourse on the beach. Even the three eyewitnesses testified that they
never saw anything that was indicative of intercourse beyond just the movement.
GRACE: OK. Well, if that movement did not - as you say - it`s not indicative of sex then what was it?
KURPIERS: Well, the state charged them in the alternative - one, that they were having a sex act or that they were simulating any activity that
involved sexual activity. And certainly, I believe, in this particular case, the video shows without the blur out that they were fully clothed.
They had - both had bathing suits on. It wasn`t a thong. It was (inaudible) shorts and.
GRACE: OK. Hold on just a moment because we have a picture.
KURPIERS: And I believe that the jury found that they were guilty of simulation, not sexual intercourse.
GRACE: OK. Hold on. Can you show me the - as he says - a swimsuit that the guy had on. Joe, cover (inaudible). OK. Now, you may call that a
swimsuit. I call it a thong. I`m not really sure what it is.
KURPIERS: It was not a thong.
GRACE: OK, what would you call it, sir, if that is your issue? What would you call it?
KURPIERS: Well, that`s a Speedo and they`re posing trunks. If you`ve ever seen the body builders at the posing competitions, those are posing trunks.
Nobody wears a thong.
GRACE: OK. You know what? With me is Ronald Kurpiers, the lawyer for the couple and he has just elucidated a very important point in his case that
that is not a thong. OK.
Let me ask you this, Michael Christian, a jury convicted them. They`re now facing 15 years behind bars each for this. Now, I don`t know. I don`t
know if that`s going after an ant with a sledgehammer but what exactly were they convicted of, Michael Christian?
MICHAEL CHRISTIAN, NANCY GRACE PRODUCER (ON THE PHONE): It was lewd and lascivious exhibition in front of a child, Nancy. And here`s the thing
that they must be kicking themselves about. They both turned down plea deals because they said that they didn`t do this. He was offered a plea
deal of three-and-a-half years, five years probation, and no sex offender designation.
GRACE: But hold on. Every article - every wire - says they were convicted of having sex on the beach in front of children in the last 24 hours. Are
you telling me, Michael Christian, that the description in the indictment or what was presented by the prosecution was not having sex? Was it
something else?
CHRISTIAN: According to the prosecutor, they were having sex. In fact, he said, quote, "I don`t think the jury had any doubt that it was sexual
intercourse."
GRACE: Now, that`s what the prosecution says but their lawyer, Ronald Kurpiers, is saying "No", that they were convicted of simulated sex but
that`s not what the documents say, sir.
KURPIERS: That is what the documents say.
(COMMERCIAL BREAK)
[20:55:01] GRACE: A Florida couple seemed to get carried away and had full-on sex on the beach in front of children.
Now, I`m having a row right now with their lawyer, Ronald Kurpiers, the attorney for them out of Tampa, Florida. And in count one of the
indictment on which they were found guilty, I guess we`re both right. It says they are convicted of count one, a sex act or a simulation of a sex
act in the presence of a child less than 16-years-old.
So, Ronald Kurpiers, what are you hoping for at sentencing?
KURPIERS: I`m hoping that the state`s going to find that the penalty that is out there is not reasonable for the crime that they`ve been convicted
of.
GRACE: Sir, do you have children?
KURPIERS: No, ma`am.
GRACE: OK. Maybe your attitude might change, although I know you`re doing your job as a good defense attorney.
Areva Martin, Randy Zelin, when you have children, I mean, why don`t you just put in a porn DVD? Why don`t you just pull it up on your Mac and let
your kids watch porn? Because it`s inappropriate, Zelin. That`s why. And that`s why the prosecution had to go forward with this. I don`t know what
your problem is, Zelin.
ZELIN: Except what I haven`t heard is any proof that they knew that there were children there, any proof that they did this - perform this sex act.
GRACE: How about them running around, playing beach ball and going, "Mommy, what is that man doing?"
ZELIN: Well, occasionally, I would think, in the heat of sex, you probably might not be paying attention to the surroundings.
GRACE: Can I ask you something? Put Zelin up, please. Whose fault is that? That`s their fault. That - I`m not definitely agreeing with 15
years behind bars. I know you`re surprised, Areva Martin. Again, and attack with a sledgehammer. But the state absolutely needed to go forward
with this. And I don`t think a little jail time would be bad. I think these two need to cool off.
MARTIN: I`ve got three kids. Community service, a fine.
GRACE: All right. And I still say that it`s a thong. OK?
Let`s stop and remember.
American hero. Army staff sergeant Jeffrey Loa, 32. American Samoa. Bronze star, Purple Heart, Hawaii Medal of Honor. Wonderful with children.
Family says he would`ve been a great father. His father, Duke, three brothers all serve in the army. Widow - Mary. Jeffrey Loa, American hero.
"Drew" up next. I`ll see you tomorrow night, 8:00 sharp, eastern. And until then, good night, friend.
END
