Return to Transcripts main page
Nancy Grace
Missy Bevers Reaching Out Beyond the Grave? Young Boy Stabbed to Death on Way Home from School, Killer Still on Loose; Alleged Child Killer in Court Fighting to Keep Jury from Hearing Tapes, Seeing Photos of Cherish Perrywinkle; Remembering Marine Lance Corporal Sergio Escobar. Aired 8-9p ET
Aired May 26, 2016 - 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, Texas mom of three at Creekside church 4:00 AM to teach aerobics, stabbed dead in the church by a perp
disguised in black SWAT gear. Grainy video of a 2:00 AM mystery car emerging.
Bombshell tonight. As we go to air, a bizarre twist in the Missy Bevers murder investigation, multiple friends of Missy saying Missy reaching out
to them from beyond the grave? And tonight, is Missy`s killer playing a cruel game, taunting friends, family, police? This as Missy`s husband
breaks his silence on their marriage woes as cops allege intimate relationship problems outside their marriage.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Friends of slain fitness instructor Missy Bevers are reportedly getting Facebook friend requests from her weeks after she was
found dead at a Texas church.
UNIDENTIFIED MALE: Lead investigators tell NBC News someone created another Facebook page in Missy Bevers`s name, a fake, and then
systematically started making Friend requests, targeting Missy`s students from the Camp Gladiator workout classes she led.
(END VIDEO CLIP)
GRACE: That`s NBC`S "Today."
Distraught parents lead hundreds of mourners to an open casket funeral for a Texas school boy, just 11 years old, whose horrific and haunting final
moments caught on video just before the little boy stabbed dead as he walks home from school. Tonight, the hunt for a killer.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Houston police are asking for the public`s help as they search for the man who murdered a young boy who was walking home from
school.
UNIDENTIFIED FEMALE: This is a monstrous crime. This is a heartbreaking crime. And there is a monster who is out among us.
UNIDENTIFIED FEMALE: Released this video of 11-year-old Jose Flores (ph) two blocks from where he was repeatedly stabbed. Police right now have a
vague description of the suspect.
(END VIDEO CLIP)
GRACE: A desperate mom calls 911 after her 8-year-old vanishes from a Walmart superstore. Police locate the tiny body, bloody, half clothed,
weighted down in murky water. Secret tapes from behind jailhouse walls emerge of the perp talking through his toilet to a cellblock neighbor, as
we obtain photos proving the 8-year-old fought for her life. That night, he`s pulled over soaking wet, muddy, covered in scratches. He insists he
is not guilty.
Breaking right now, justice delayed again. The alleged child killer just in court, fighting tooth and nail to stop the jury from ever hearing the
damning tapes or seeing photos of Cherish, as Cherish`s mother breaks down in court.
Good evening. I`m Nancy Grace. I want to thank you for being with us.
Bombshell tonight. A Texas mom of three at Creekside church 4:00 AM to teach aerobics, stabbed dead in the church by a perp disguised in black
SWAT gear, grainy video of a 2:00 AM mystery car emerging. As we go to air, a bizarre twist in the Missy Bevers murder investigation as multiple
friends of Missy say Missy seemingly reaching out to them from beyond the grave.
And tonight, is Missy`s killer playing some cruel game, taunting friends, family, police? This as Missy`s husband breaks his silence on their
marital woes after cops allege intimate relationships outside their marriage.
Straight out to Chris Spargo, reporter, Dailymail.com. Friends of Missy suddenly start getting Facebook messages from Missy after her murder. The
first thing I want to do, Chris Spargo, is here what are the messages. What is being sent from Missy`s account to her friends?
CHRIS SPARGO, DAILYMAIL.COM (via telephone): Well, friends of Missy have been saying that they`ve been getting Facebook friend requests from a
profile that has been created under her name, obviously well after her own death.
GRACE: Wait a minute. How bizarre is that? Your friend is murdered, brutally. And then suddenly, you begin getting Facebook friend requests
from her. That must have really upset her friends. And they were also -- who else were they, Chris Spargo with Dailymail.com? Were they friends?
Were some of them her exercise students that go to her boot camp?
[20:05:12]SPARGO: Exactly. It was a whole bunch of people she knew. It wasn`t just friends, it was also some students and some acquaintances. It
was a rather a large group of people who`ve been receiving these friend requests.
GRACE: So how many do you think there are, Chris, that are getting friend requests from Missy?
SPARGO: We know that it`s at least over 30, and it`s so many that police finally had to make a comment because it had become such a problem.
GRACE: Whoa! OK, Robyn Walensky, senior news anchor with The Blaze Network -- Robyn, thanks for being with us. I`m just wondering how that
occurred, the friends saying that she`s seemingly reaching out and speaking from beyond the grave. What do we know about these Facebook friend
requests from Missy post-mortem?
ROBYN WALENSKY, THE BLAZE NETWORK (via telephone): Nancy, what they would have to do is re-create a new Facebook page for this person and use a
picture of Missy so it would appear it was coming from her. And then the person who did this, he or she, would have had to have seen the original
Facebook page of Missy Bevers and all of her friends. How else would this person know who to reach out to?
GRACE: Interesting.
WALENSKY: And lastly, Nancy, let me tell you that -- there`s also -- as we are learning that people that were at that Austin, Texas, fitness weekend -
- a few people from there, I am told, were also contacted and friend requested.
GRACE: You know, I`m not quite sure how that happens. We now know the scope of her friends that are receiving Facebook messages from Missy after
her death is expanding. People that she saw or spoke to at the Austin fitness convention the weekend before she`s murdered are getting them.
People that go to her boot camp class are getting them. Friends are getting them.
Let me understand something, Chris Spargo. Do police think they understand what`s happening?
SPARGO: They really don`t. Now, it could be something as simple as a glitch maybe in deactivating her original account, something went wrong.
GRACE: A glitch?
SPARGO: Or it could be someone playing a horrifically ill (ph) and inappropriate joke, or it could be something even more sinister.
GRACE: OK, I don`t understand what that means. Ben Levitan, telecommunications expert joining me right now out of Raleigh, a glitch in
an inactive Facebook account? That doesn`t make sense to me that out of the blue, out of nowhere, with nobody doing anything, nobody tapping any
buttons, suddenly, all of these people, 30-plus people, would be getting friend requests from a dead woman.
BEN LEVITAN, TELECOMMUNICATIONS EXPERT (via telephone): Not likely a glitch, Nancy. It sounds like someone`s either playing a cruel joke, or it
is a hack of her account. Someone created an account, and it would have to be someone who previously had seen her account, possibly someone who she
had friended before because that way, those people could have a list of her friends. Or her profile may have been completely open. They saw her
profile. They just copied that list of friends, and they`re out there friending her old friends. It sounds like...
GRACE: But they`re doing it under her name, which is very bizarre to me, that you would go into a dead woman`s account and take the time to friend
every single person, 30-plus people you see there, after she`s murdered. That doesn`t sound like a glitch to me. E-mails just don`t send
themselves. That doesn`t happen organically. Someone has to do it.
I`m trying to figure out what, if anything, does it mean? Not only this, we discover that her husband is speaking out. Chris Spargo, he is pretty
convinced the killer is a woman. Chris Spargo, what do we know?
SPARGO: Yes, he is saying that he`s really convinced it`s a woman and he`s really convinced it`s someone that knew his wife and had something against
her. He points out the fact that when she was found, she was still wearing her wedding ring. And it clearly wasn`t a robbery. This person was
clearly after his wife, he believes.
GRACE: So Missy Bevers was wearing her wedding band at the time she`s murdered. If the killer was intent on burglarizing or stealing, why leave
behind the wedding band? Look at that. Looks like diamonds in it to me. Not only that, her iPad, her iPhone, other items were left behind.
Clearly, this was no random burglary gone awry.
And he`s also saying -- to Stacey Newman, also on the story -- that he thinks the killer is a woman, that he`s almost totally convinced it`s a
woman.
STACEY NEWMAN, NANCY GRACE PRODUCER: And that it was maybe something to do with her business, with this camp or something to do with jealousy. But
Nancy, remember now, he`s also saying...
[20:10:00]GRACE: Back it up. Back it up, Stace. You murder a woman over, what, 10 people coming to a boot camp fitness class at 5:00 o`clock in the
morning? Why? That doesn`t make sense. That`s not it.
NEWMAN: Or maybe the person was jealous of her...
(CROSSTALK)
GRACE: Jealous of what, though? She looks great, but you don`t kill somebody because they look great.
Now, what else do we know tonight, Chris -- Chris, what do we know about the husband finally breaking his silence on their marital woes, outlined by
police, including intimate relationships outside the marriage?
SPARGO: Yes, I mean, he`s being very open about the fact that everything`s being laid out right now (INAUDIBLE) the fact that they are going through
her correspondences, they`re investigating the fact that there may have been relationships with other men. And he`s also saying that he doesn`t
want to not be considered a person of interest in this case. He wants everyone to be treated like a person of interest because he wants to get to
the bottom of it and he wants some answers.
GRACE: Robyn Walensky, why is he coming out now and saying he`s convinced the killer is a woman?
WALENSKY: You know, that is a great question, Nancy, and I don`t know. I don`t know why he thinks it`s a woman, other than the fact that he may
think that it`s someone petite, 5-2 to 5-7. That`s what police forensics say. And perhaps because of the size of the person in that costume, he
thinks it`s a lady.
GRACE: Unleash the lawyers, Margie Mow (ph) joining us out of LA, Randy Kessler. He also, Randy, is telling the person, the killer, to turn
themselves in. He also has revealed that he has seen other secret police video that has not been released to the public, and based on everything he
has learned from the investigation, he believes the killer is a woman.
Now, when you look at this video, what bespeaks woman to you? Or is it something else, Randy Kessler?
RANDY KESSLER, DEFENSE ATTORNEY: Well, you know, maybe he has a specific woman in mind that that person walks, the person that he`s seeing, or maybe
he just sees this person walking. If he`s seen other videos, there are other videos that might reveal more of a woman tendency, more feminine
qualities than the ones we`ve seen.
And the one we see does not look like the most masculine hulk in the world, either, you know? I don`t know why, but you know, this guy is closer to
the situation, closer to the area, closer to the community. You know, I`d give some credence to his suspicions.
GRACE: Is more (ph) video why (ph) police are not releasing it?
KESSLER: Maybe -- that may -- they`re not going it because if they catch the person, then they can say...
GRACE: I`ll throw that to Robyn Walensky joining us there in Texas. Robyn, why would they sit on additional video?
WALENSKY: I think that they have eyes on the husband and they think that he may be able to identify something through someone that he might know,
and that`s why they`re not releasing it to the public. They want him to come forward with a name.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
[20:16:40] UNIDENTIFIED MALE: Until Missy`s killer is caught, I will stop short of saying that any person is absolutely excluded.
UNIDENTIFIED MALE: I believe she was targeted.
UNIDENTIFIED MALE: That was a shoddy (ph) amount of clothing to look like some type of an enforcement officer.
UNIDENTIFIED MALE: Forensic video reconstruction is complete. It`s given us a height range for the suspect from approximately 5-foot-2 to 5-foot-7.
BRANDON BEVERS, HUSBAND OF VICTIM: Most people in society, they don`t have their baggage strewn out in public like this. But the problems that we`ve
encountered, I would have to say, 80 percent of society deals with the same problems. In our particular case, we were dealing with our problems and we
were, you know, attempting to overcome. And that`s what kept us together.
(END VIDEO CLIP)
GRACE: That`s from Fox 4 KDFW, as Missy`s husband, Brandon, is forced really to address their marital woes. Before her murder, they were having
financial problems, and police allude to marital -- to extramarital relationships, intimate relationships outside the marriage.
Could I see that video of Missy again? She had devoted her life to her fitness, to her family. And now the police running out of leads in her
murder.
What`s so odd -- and I want to go back to Ben Levitan, telecommunications expert -- is that it seems to me -- of course, the friends state that Missy
is speaking from beyond the grave, but it seems to me someone has hacked into her Facebook account and is taunting friends, family, and in effect,
police.
So how do you track down -- I mean, who else would do that beside the killer, who had clearly been following her on Facebook the whole time? So
how do we track that down? Because now, Ben, when police try to go back and look at it, it`s not there anymore. One person, one of these friends
got a screen grab of the friend requests from Missy after she`s murdered. But nobody can find it anymore. Why is that, Ben?
LEVITAN: Nancy, Facebook -- when you close an account, after about 30 days, they delete everything about your account.
But Nancy, there`s an ongoing investigation, so the first thing the police did was go to Facebook with a preservation warrant and say, We want you to
preserve all data related to this account. The police do have everything now.
GRACE: You know, Dr. Charles Sophy joining me, psychiatrist and author of "Side by side" -- Dr. Sophy, it seems to me just logically speaking that
this is the killer doing this. Why? What sick thrill would Missy`s killer get out of taunting her friends and family by sending them messages from
her Facebook after she`s been murdered?
DR. CHARLES SOPHY, PSYCHIATRIST: Well, it`s a very, very sick thing to do. It`s based in jealousy. It`s based in a lot of sick meanness. But it
doesn`t necessarily mean it`s the killer. It could be somebody who wants to be her and is pretending to be her and taking over her identity also.
But at the end of the day, it`s someone who is very, very disturbed...
[20:20:07]GRACE: You just said something interesting, Dr. Charles Sophy, about taking over her identity. This is someone, obviously, that followed
her moves, that knew when she was working out, where she was working out, who her friends were. She had just been away for the weekend in Austin at
a fitness convention. And now you said those words, "taking over her life," even taking over her Facebook friends.
SOPHY: Absolutely. And it`s not uncommon where someone will step into someone else`s life. They`ve been tracking them for a while and they
become them. And if they`re really disturbed, they really believe they are that person.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Police say this person in black tactical gear killed Bevers, first breaking into the Creekside Church of Christ, before she
showed up to teach an early fitness class.
[20:25:03] UNIDENTIFIED FEMALE: (INAUDIBLE) coming (INAUDIBLE) she was -- someone was stalking her or now maybe it was just a -- (INAUDIBLE) just a
crazy person. You can`t make sense out of crazy.
UNIDENTIFIED MALE: I don`t think she was at the wrong place at the wrong time. I feel like someone was after her. Why? I don`t know why.
BEVERS: I don`t know if it`s business-related or some kind of jealousy. I`ve pretty much exhausted every scenario and every avenue that I can think
of, of who could have done this. I`m discouraged to the point where I truly want to just reach out to this individual myself.
As odd as it may sound, I can truly forgive you for what you`ve done, but only if you come forward, turn yourself in, do what`s right. You know,
don`t live the rest of your life with this on your heart because it will eat you like cancer. The same applies with my family. We need closure.
This is going to eat us alive for many years to come.
(END VIDEO CLIP)
GRACE: That is from Fox 4 KDFW, where Missy`s husband begging the killer to please turn themselves in.
Joe Scott Morgan joining me, certified death investigator, professor of forensics, Jacksonville State University. Joe Scott, when you finally have
the victim`s family begging for them to turn themselves in, that says to me they`re running out of leads.
JOSEPH SCOTT MORGAN, CERTIFIED DEATH INVESTIGATOR: Yes, it does. And I`m hoping that the family is keeping their line of communication open with
police because there`s going to be a lot more accomplished if they can keep that line open and work together collectively through this entire process,
not just from an investigative standpoint but just from, like he mentioned, the closure. I`ve dealt with so many families over the years that have
lost family members that are just so riddled with pain and anger and everything else. They have to keep those lines of communication open.
GRACE: You know, I`m interested in another thing the husband said. Robyn Walensky, Brandon Bevers, who has seen more of the video and actually seen
the secret police video they`re not revealing, not letting us see, says that the killer casually holsters the weapon, which I assume to be that
hammer or pry bar -- holsters it very casually, as if they are used to it, which in a way, he says, bespeaks of a man, but he`s still convinced it`s a
woman.
WALENSKY: I mean, Nancy, he -- I still believe that the police are leaning on the husband because he knows the network, the tree of people that his
wife was connected to. And perhaps he knows who she was having an affair with or she knew who he was having an affair with. And maybe it`s the
disgruntled partner or husband or wife of whoever these people were having affairs with.
GRACE: We`re also learning tonight that police have traveled to Austin, where Missy spent the weekend just before her murder that Monday morning,
retracing all of her steps in Austin.
Stacey Newman, what do we know?
NEWMAN: Well, we know that police know exactly what Missy was doing and where she was right before she went to Austin for this total transformation
boot camp and during her time there. So I`m wondering if they`re working in conjunction with Austin police to narrow down the people and the network
that she was with there.
GRACE: Well, Stacey, what that says to me is that somehow, they think her murder is connected to whatever was happening, whatever was going on in
Austin, somebody she met there, somebody that followed her there.
If they are going, Chris Spargo, Dailymail.com, all the way to Austin and retracing her steps through her hotel, what exhibits she went to, what
booths she went to, what exercise classes she went to, speaking to the people that she met with there, had dinner with, lunch, coffee -- they`re
doing all of that, Chris. Why?
SPARGO: I mean, they`re really running out of leads in this. I mean, they`re -- nothing is turning up. So they really just have to increase
this investigation and go further and try to find new possible things. Also, some of these Austin people were people that got that weird Facebook
request, too, from the account.
[20:30:00] (COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: ... not a very normal-minded person.
UNIDENTIFIED MALE: Got dressed into a uniform.
KEVIN JOHNSON, MIDLOTHIAN POLICE DEPARTMENT ASSISTANT CHIEF OF POLICE: She was inside the church not realizing the intruder was already inside.
She was murdered inside of the church.
UNIDENTIFIED MALE: If I knew who the killer was ...
UNIDENTIFIED MALE: The person has a very distinct walk.
UNIDENTIFIED MALE: I`d arrest them myself.
(END VIDEO CLIP)
NANCY GRACE, CNN HEADLINE NEWS HOST: Distraught parents lead hundreds of mourners to an open-casket funeral for a Texas schoolboy just 11 years
old. His horrific and haunting final moments are caught on video.
Just before the little boy is stabbed dead as he walks home from school. Tonight, the hunt for a killer.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: A little 11-year-old boy is stabbed to death on his way home from school and the killer is still on the loose.
Josue Flores stayed late at school for a Science Club event.
MARTHA MONTALVO, HOUSTON POLICE DEPARTMENT CHIEF: We need as much information as we can get from the public.
A camera catches the straight A student walking home from school just moments before he was killed.
(END VIDEO CLIP)
[20:35:00] GRACE: I don`t understand it. I don`t understand why this little 11-year-old boy would be stabbed dead as he walks home from school.
This child had never been in trouble. Straight A student. Staying after school for a Science Club event.
I mean, just the implications of this child being stabbed dead are overwhelming. We learned that on the way home -- on the way to his burial,
they stopped the hearse at his home because some of his last words were "I want to go home."
I`m sure no one ever thought it would be in a hearse. Jeffrey Boney joining me, associate editor "Houston Forward Times". Jeffrey, I am beside myself
about this child, Josue Flores.
I just am almost convinced that this juncture, it was a random attack, but why can`t the killer be found? I mean, it`s on video. Tell me what
happened. Start at the beginning.
JEFFREY BONEY, "HOUSTON FORWARD TIMES ASSOCIATE EDITOR": Well, as was indicated, Josue Flores left Marshall Middle School around 4:45 in the
evening and he stayed late for an end-of-the-year Science Club celebration.
He only had to walk home for about seven blocks to get home and that`s when witnesses say they saw a man approach him, and those witnesses say they
heard loud screaming, they saw Josue and the man struggling with one another, and then all of a sudden they saw Josue collapse to the ground
after having been brutally stabbed.
The suspect, he fled away on foot, and one of the witnesses followed in the vehicle but eventually lost him, and he was pronounced dead at a local
hospital from multiple stab wounds.
GRACE: Multiple stab wounds. To me, that shows a fit of rage of some sort at this little boy. Little Josue Flores, staying late for a Science Club
end-of-the-year party. A little celebration.
And then walked just a few blocks home, is stabbed dead. Can you give me a description of the perpetrator, Jeffrey Boney?
BONEY: Well, according to witnesses, the attacker was described as an African-American male, between 25 to 30 years of age, standing about six-
foot tall, and between 180 to 220 pounds. He was last seen wearing a black shirt, green jacket and some black pants.
GRACE: I can`t believe with that detailed of a description, he can`t be found. And if he`s on foot, that may suggest that he lives in that area. Is
it close to a bus station or a Metro, Jeffrey Boney?
BONEY: Yes, it`s right near the Metro Line. And sadly, Nancy, there was a 31-year-old who was originally charged with the murder and they have since
released him because through sloppy investigative work, they allowed days to pass by having the wrong suspect within another part of town in custody.
GRACE: And not only that, when they finally do get the right guy, that`s going to come back to haunt them at trial because the defense attorney will
argue to the jury, look, they arrested this guy. They thought for sure that was him.
Now, they have arrested my guy. Why do we think he`s the right guy? They are going to have a field day with that at trial but we`ll burn that bridge
when we get there.
Let`s start with finding the guy that murders this little boy. The investigation, already snake bit by a false arrest of who they thought did
it. They were wrong. They`re back at square one. We are not giving up. Tip line 713-222-TIPS.
With me right now, special guest Juan Flores, brother of the victim. Juan, thank you for being with us.
JUAN FLORES, BROTHER OF THE VICTIM, JOSUE FLORES: Thank you for having me.
GRACE: Tell me how your family is doing.
FLORES: Right now, it`s still very difficult to deal with the burial of my little brother, it`s still very fresh.
You know, it`s very hard right now. But I believe he will be in a much more sure place. (Inaudible) this community around us, they have been so helpful
to us and already did come by and giving us lots of hugs and a lot of words of wisdom and of comfort. Honestly, I think that we`ll be in a much more
sure place for everybody around us but we`re still ...
(CROSSTALK)
GRACE: Juan, let me ask you this. How are Josue`s parents doing? How is his mother?
[20:40:00] FLORES: Oh, she is just distraught right now, my mom. She acts OK for my siblings, because they`re still young, you know. But she -- I
think what gives her most of her strength is that she`s still a mother and she has to be here for my little siblings. But right now she`s struggling.
She really is.
GRACE: I`m trying to determine, Jeffrey Boney, associate editor, "Houston Forward Times", now that we`re back at square one, what are police going
on?
Could you put up the description again of the perp that stabbed an 11-year- old boy dead as he walked home from school?
A black male about six feet, 25 to 30, 180 to 200 pounds. Black shirt, black pants, green jacket over his shoulders. Jeffrey, what do people
believe he was saying to the little boy before he stabbed him?
BONEY: Well, you know, of course there was surveillance video that was shared by a neighbor. And in the video, you see Josue wearing his green
backpack walking alone and then two blocks away out of the side of the camera, Nancy, is when he was brutally attacked and stabbed to death.
All they heard was loud screaming. They don`t know exactly what was said, couldn`t make out what was said. But as they struggled, he was stabbed, he
collapsed to the ground and then he died.
And I know that the Mayor of Houston, Sylvester Turner, has asked if there`s anyone with information about the murder, to come forward. And
there`s a Crimestopper reward of $15,000 that has been offered for any information leading to the arrest and conviction of whoever committed this
brutal murder.
[20:45:00] (COMMERCIAL BREAK)
GRACE: A desperate mother calls 911 after her 8-year-old vanishes from a Walmart Super Store. Police locate the tiny body, bloody, half clothed,
weighted down in murky water.
Secret tapes behind jail house walls of the perp talking through his toilet to a cell block neighbor emerged as we obtain photos proving the 8-year-old
fought for her life.
That night, he is pulled over soaking wet, muddy, covered in scratches. He insists he is not guilty.
Breaking now, justice delayed again! The alleged child killer just in court, fighting tooth and nail to stop the jury from ever hearing these
damning tapes or seeing photos of Cherish as Cherish`s mother breaks down in court.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Donald Smith entered the courtroom with his usual stoic expression and it will be some time before he faces a jury.
RAYNE PERRYWINKLE, VICTIM`S MOTHER: I don`t want him to kill her.
UNIDENTIFIED FEMALE: That`s Cherish Perrywinkle in the orange dress. You can see Cherish and that man walk away from the rest of the family
together.
PERRYWINKLE: I hope to God he doesn`t kill her. I hope to God he doesn`t rape her.
(END VIDEO CLIP)
GRACE: Ray Caputo, joining me, WDBO, this guy just in court, in shackles as he should be, this was just a couple of hours ago and they are fighting
tooth and nail to suppress those secret jailhouse tapes that he made, talking to the next-door neighbor on his cell block.
Not only that, they are demanding that photos of Cherish never see the light of day, that it would be too prejudicial to the defendant. Are you
kidding me? Prejudicial? He`s the reason there are crime scene photos of Cherish, Ray?
RAY CAPUTO, WDBO NEWS 96.5 RADIO REPORTER: Yeah, Nancy. I mean, his lawyer right now is basically doing everything he can to keep this guy off death
row.
You know, that stuff that you just talked about, that`s on the table right now. But I think the most presumptuous thing is the fact that smith`s
attorney is trying to keep his past criminal record out of court, too.
His past deviant sexual behavior against kids that he has been doing since 1970s and continuing up until today, you know. So that`s ...
(CROSSTALK)
GRACE: It`s incredible! There he is, in court. This is just a couple of hours ago where they are demand -- how dare he demand that the jury not see
video of Cherish or pictures of Cherish when he is the reason that there are crime scene pictures, or video of Cherish.
Unleash the lawyers. As we watch this guy in court, in the last hours, Margie Mow, L.A.; Randy Kessler, Atlanta.
Margie Mow, why, how can he argue pictures of Cherish, crime scene photos, should not come before the jury when, according to the state police, he is
the reason there are crime scene photos.
MARGIE MOW, DEFENSE ATTORNEY: Because it`s prejudicial, just like you said. And the prejudice outweighs the probative value. This is already a heinous
crime in and of itself. There are no pictures needed to make it worse.
(CROSSTALK)
GRACE: That`s not true.
MOW: It`s going to be difficult for this man to get a fair trial.
(CROSSTALK)
GRACE: That is not true, Margie Mow.
MOW: It is going to be difficult for him to get a fair trial. We don`t -- everybody is entitled to a fair trial ...
GRACE: Can we stick ...
(CROSSTALK)
GRACE: ... with one topic at a time?
MOW: ... before 12 jurors of their peers.
GRACE: But first, before you start spouting off and quoting the Constitution, let`s talk about the issue that was in court today, and that
is he wants his tape suppressed, he doesn`t want the jury to hear them or he`s talking to his buddy in the next cell through the toilet. And number
two, he doesn`t want pictures of Cherish for the jury to see them. Randy Kessler, I`m going to cross-examine you, and that requires a yes/no answer.
All right, isn`t it ...
(CROSSTALK)
RANDY KESSLER, DEFENSE ATTORNEY: I can explain.
GRACE: ... true that the burden is on the State to prove each and every fact in the indictment, is that true or false?
KESSLER: Sure. And absolutely beyond a reasonable doubt.
GRACE: OK. Now, wouldn`t that include injuries and the mode of death of the 8-year-old girl?
KESSLER: Yes. But when you are talking about, you said, why should he be ...
(CROSSTALK)
GRACE: Just a yes/no.
KESSLER: Yes. But I can answer my -- may I please have permission to answer more explicitly? Because the truth of the matter is, he said, why should he
be able to keep them out when he is responsible for them?
That`s the problem. He is not responsible, Nancy. He is innocent until proven guilty. So by using ...
(CROSSTALK)
GRACE: OK, let me rephrase.
(CROSSTALK)
KESSLER: OK.
GRACE: To Joe Scott Morgan, Joe Scott, isn`t true, the burden is on the State to prove, not only that he did the crime but, that there is a crime?
If we couldn`t show crime scene photos, for instance, the bruises on her neck, the burst or hemorrhage, petechiae in her eyes to show that she was
strangled or asphyxiated, they could argue, oh, she fell and slipped and hit her head. That`s what happened. Or she drowned.
Any of that could be argued if this jury does not see these crime scene photos.
JOSEPH SCOTT MORGAN, CERTIFIED DEATH INVESTIGATOR: Yes. The most important thing here, Nancy, is connectivity. What they`re trying to do is connect
the alleged perpetrator with this poor little victim, to demonstrate the types of injuries.
This is an abstract concept to the people on the jury. They have to see this in images.
GRACE: Everyone, now more than ever we need heroes. We remember fallen heroes this Memorial Day and encourage you to tell us about everyday people
doing their part to make a difference. Anderson Cooper explains how.
(BEGIN VIDEO CLIP)
ANDERSON COOPER, CNN HERO HOST: Tonight, we`re recognizing some incredible acts of compassion and kindness.
UNIDENTIFIED MALE: Ladies and gentlemen ...
UNIDENTIFIED FEMALE: Please join me ...
UNIDENTIFIED MALE: Please join me in honoring ...
UNIDENTIFIED MALE: ... in honoring CNN Heroes.
UNIDENTIFIED FEMALE: CNN Heroes!
UNIDENTIFIED FEMALE: CNN Heroes!
UNIDENTIFIED MALE: CNN Heroes!
COOPER: This year marks the 10th anniversary of CNN Heroes, celebrating everyday people changing the world.
How do we final these extraordinary people? With your help. You can nominate someone right now at CNNheroes.com.
Maybe they`re caring for children, helping our veterans, or protecting the environment. Whatever their cause, nominating a CNN hero is easier than
ever.
Just go to cnnheroes.com on your laptop, your tablet or your Smartphone. Click "Nominate", fill in the form and tell us what makes your hero
extraordinary.
And be selective. Those honored in CNN heroes are truly dedicating their lives to serving others. When you`re finished, click "Submit." You will see
this message that confirms we received it.
UNIDENTIFIED MALE: This is great. Yes.
COOPER: Being recognized as a CNN Hero can help the person you admire continue their life-changing work. But it all starts with you. So nominate
someone deserving today.
(END VIDEO CLIP)
GRACE: Nominate someone now. CNNheroes.com.
[20:55:00] (COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: There was two females with -- I mean, with Wesley. And I don`t know, I can`t tell you how old these girls were, you hear?
But man, this one looked like about 12, 13, 14 at the most, you hear? Big (BLEEP) cantaloupe-sized (BLEEP) and got an (BLEEP) that make Coco look
like (BLEEP), you hear?
You can sit a wine glass on top of this girl`s ...
(END VIDEO CLIP)
GRACE: OK. Janet Johnson, now I know why he wants the jury to never hear any of that. That is him and his buddy down the cell block, talking about
young girls and their bodies.
I think he is going to come in to show motive and course of conduct and intent, Janet Johnson.
JANET JOHNSON, CRIMINAL DEFENSE ATTORNEY: No, I agree. And I`ve known his lawyer. I actually practiced opposite her when she was a prosecutor. She is
fighting tooth and nail, that is her job.
But out in Judge Copper, and she is going to say it is probative. Yeah, it is prejudicial but it doesn`t violate his constitutional right. He has no
expectation of privacy talking to a toilet at the jail. It is coming in every day.
GRACE: You know, Matt Zarrell, today in court, Cherish`s mother breaks down in tears as she listens to this guy who has a history.
Another thing they want suppressed, his history of stalking children, when it is all about him. How are going to get him a fair trial? What can we do
for him? And she is sitting there breaking down, crying in court. Her daughter is dead, Matt.
MATT ZARRELL, NANCY GRACE PRODUCER: Yeah, and it`s not only that, Nancy, But let`s say Donald Smith gets convicted at trial. The defense does not
want to allow Cherish`s mother to give an impact statement to the court. They don`t want the jury to even hear from Cherish`s mother.
GRACE: You know, I just don`t know how everything has gotten so bass ackwards in court. It is all about this guy with a rap sheet as long as my
arm, who is stalking children, and now contorting the justice system. Justice delayed again for Cherish.
Tonight, we remember American hero, Marine Lance Corporal Sergio Escobar, just 18, Pasadena. A loving big brother, loves helping his little sister
with homework. He loves classic cars. Mother, Patricia; stepfather, Ricardo; Widow, Sofia; sister, Samantha; brother, Junior. Sergio Escobar,
American hero.
And congratulations to superstar Spencer, graduating First Pres Day School. Here he is with proud mom, Karen and sister, Rebecca. Aren`t they
beautiful?
"Forensic Files" next. Thanks to our guests but especially to you for being with us. Nancy Grace, signing off. I`ll see you tomorrow night, 8 o`clock
sharp, Eastern. And until then, good night, friend.
[21:00:00]
(BEGIN VIDEO CLIP)
PETER THOMAS, "FORENSIC FILES" NARRATOR: Up next, a young girl witnesses her mother`s murder.
UNIDENTIFIED FEMALE: And you said that she`s bleeding?
SARAH: All over the place.
(END VIDEO CLIP)
END
