1 00:00:05,880 --> 00:00:14,080 Speaker 1: Crime stories with Nancy Grace. Authorities tell the Associated Press 2 00:00:14,160 --> 00:00:18,200 Speaker 1: that Hapgood's young daughters were in the hotel room when 3 00:00:18,280 --> 00:00:21,720 Speaker 1: Kenny Mitchell was killed. Investigators have not reported a motive 4 00:00:21,880 --> 00:00:24,800 Speaker 1: for his death, and in Guillian officials say they're struggling 5 00:00:24,800 --> 00:00:27,600 Speaker 1: to find answers to the many questions that remain in 6 00:00:27,640 --> 00:00:31,479 Speaker 1: this case, and Guilla's police department says officers were called 7 00:00:31,520 --> 00:00:34,839 Speaker 1: to investigate Kenny Mitchell's death shortly after four pm on 8 00:00:34,880 --> 00:00:40,199 Speaker 1: April thirteenth. The twenty seven year old father worked at 9 00:00:40,200 --> 00:00:43,240 Speaker 1: a luxury resort on the island's west end, and autopsy 10 00:00:43,320 --> 00:00:46,360 Speaker 1: report shows he was beaten and choked to death. Three 11 00:00:46,440 --> 00:00:50,040 Speaker 1: days later, police charged Scott Hapgood with manslaughter. The forty 12 00:00:50,040 --> 00:00:52,519 Speaker 1: four year old from Connecticut was vacationing on the island 13 00:00:52,600 --> 00:00:55,240 Speaker 1: with his family and staying at the hotel where Mitchell 14 00:00:55,280 --> 00:00:58,360 Speaker 1: was allegedly employed as a maintenance worker. A spokeswoman for 15 00:00:58,400 --> 00:01:01,840 Speaker 1: Hapgood says the workers show up unannounced in uniform at 16 00:01:01,840 --> 00:01:03,960 Speaker 1: the hotel room, claiming he was there to fix a 17 00:01:04,040 --> 00:01:07,760 Speaker 1: broken sink before carrying out his sudden violent attack on 18 00:01:07,800 --> 00:01:10,919 Speaker 1: the family. She alleges he was armed and demanding money. 19 00:01:11,200 --> 00:01:14,920 Speaker 1: Mitchell's uncle victor says that's not true. Hapgood was originally 20 00:01:14,959 --> 00:01:18,000 Speaker 1: denied bail from prison, but later released on a seventy 21 00:01:18,000 --> 00:01:21,120 Speaker 1: four thousand dollar bond following an appeal from his attorney. 22 00:01:21,240 --> 00:01:24,920 Speaker 1: Local reports say many Anguillans are angry and demanding Hapgood 23 00:01:24,920 --> 00:01:27,640 Speaker 1: return to the island to face justice. How did a 24 00:01:27,800 --> 00:01:32,440 Speaker 1: UBS investment banker, a forty four year old father of 25 00:01:32,520 --> 00:01:36,360 Speaker 1: two little girls, vacation in Anguilla with his wife and children, 26 00:01:37,120 --> 00:01:42,280 Speaker 1: end up being charged with homicide? What happened in that 27 00:01:42,400 --> 00:01:45,839 Speaker 1: luxury hotel room? I mean, see, Grace, this is crime stories. 28 00:01:45,880 --> 00:01:48,400 Speaker 1: Thank you for being with us. I'm talking about dad 29 00:01:48,560 --> 00:01:54,600 Speaker 1: and husband, Scott Hapgood. The facts are very, very murky, 30 00:01:54,720 --> 00:01:58,720 Speaker 1: but this much I do know. The father, Scott Hapgood, 31 00:01:59,240 --> 00:02:03,480 Speaker 1: was in his own hotel room. His two little daughters 32 00:02:03,680 --> 00:02:08,280 Speaker 1: were also in the hotel room when the maintenance worker 33 00:02:08,880 --> 00:02:13,440 Speaker 1: comes in. I know that much, and those facts alone 34 00:02:13,919 --> 00:02:17,280 Speaker 1: tell me a lot. I know this father wasn't out 35 00:02:17,400 --> 00:02:19,880 Speaker 1: drunk at a bar getting into a fistfight. I know 36 00:02:20,000 --> 00:02:21,919 Speaker 1: he didn't run the guy down on the side of 37 00:02:21,960 --> 00:02:25,239 Speaker 1: the road. I know there wasn't a gun involve which 38 00:02:25,280 --> 00:02:29,880 Speaker 1: in my mind lends itself to a certain degree of premeditation. 39 00:02:30,520 --> 00:02:34,720 Speaker 1: The father was in his own hotel room on vacation 40 00:02:35,120 --> 00:02:39,440 Speaker 1: with his two little girls when a male maintenance worker 41 00:02:40,080 --> 00:02:44,079 Speaker 1: comes in the hotel room. Let's just jump off from 42 00:02:44,120 --> 00:02:47,960 Speaker 1: there with me an all star panel. Bobby Chicone, FBI 43 00:02:48,080 --> 00:02:54,960 Speaker 1: Special Agent, doctor William July, licensed clinical Psychologist, doctor Chris Sperry, 44 00:02:55,400 --> 00:02:59,400 Speaker 1: former chief Medical Examiner, and John Linley Crime online dot 45 00:02:59,360 --> 00:03:03,960 Speaker 1: Com investigative reporter Okay Lemley. How does a well respective 46 00:03:05,320 --> 00:03:08,920 Speaker 1: investment banker, forty four year old husband and father of 47 00:03:09,040 --> 00:03:13,200 Speaker 1: two end up charged with homicide when he was in 48 00:03:13,360 --> 00:03:16,440 Speaker 1: his own room in a hotel with his children with 49 00:03:16,520 --> 00:03:19,000 Speaker 1: the door locked. The story we hear, Nancy is that 50 00:03:19,200 --> 00:03:23,200 Speaker 1: the round four pm, late afternoon, a security worker at 51 00:03:23,240 --> 00:03:27,600 Speaker 1: this luxurious resort was alerted by other employees that there 52 00:03:27,680 --> 00:03:31,360 Speaker 1: was some commotion going on in one of the hotel's suites. 53 00:03:31,720 --> 00:03:35,520 Speaker 1: And when he arrives, the security guard and other members 54 00:03:35,640 --> 00:03:41,440 Speaker 1: find Scott Halfgood on top of this maintenance worker, Kenny Mitchell, 55 00:03:41,520 --> 00:03:43,760 Speaker 1: has him in a choke hold with his knee and 56 00:03:43,880 --> 00:03:47,040 Speaker 1: Mitchell's back, And as we've heard in that news clip, 57 00:03:47,240 --> 00:03:50,600 Speaker 1: Halfgood's children and wife were right there in the room. 58 00:03:50,640 --> 00:03:54,320 Speaker 1: In fact, his wife was reportedly filming the incident on 59 00:03:54,400 --> 00:03:56,840 Speaker 1: her cell phone. Wait, whoa whoa whoa whoa whoa? Wait 60 00:03:56,920 --> 00:04:02,000 Speaker 1: wait wait, Bobby to come, I special agent. The wife 61 00:04:02,200 --> 00:04:06,280 Speaker 1: is filming the incident. That tells me it's not something 62 00:04:06,320 --> 00:04:11,640 Speaker 1: nefarious on the dad. Have Good's fault because why would 63 00:04:11,720 --> 00:04:16,880 Speaker 1: your wife film you doing something wrong? I mean, chacone, 64 00:04:17,080 --> 00:04:20,000 Speaker 1: help me out. That's right? And yeah, you're exactly right, Nancy, 65 00:04:20,040 --> 00:04:21,880 Speaker 1: And that's this is going to be the lynch pin 66 00:04:21,920 --> 00:04:24,280 Speaker 1: to this case. I mean, what's on that tape? I've 67 00:04:24,320 --> 00:04:27,480 Speaker 1: heard it from several different sources now that this was happening. 68 00:04:27,520 --> 00:04:32,000 Speaker 1: So I'm assuming the authorities have seen this tape. If not, 69 00:04:32,080 --> 00:04:35,640 Speaker 1: I'm assuming his lawyers have Good's lawyers have at least 70 00:04:36,040 --> 00:04:38,240 Speaker 1: seen the video. What's on that phone? And that's going 71 00:04:38,320 --> 00:04:41,320 Speaker 1: to really be a major major piece of evidence in 72 00:04:41,320 --> 00:04:46,040 Speaker 1: this case. Okay, call me provincial, but I get very 73 00:04:46,080 --> 00:04:50,440 Speaker 1: nervous when a US citizen goes abroad and suddenly they 74 00:04:50,480 --> 00:04:55,120 Speaker 1: catch a homicide charge. How does that happen? Okay, I 75 00:04:55,160 --> 00:04:59,640 Speaker 1: just scared myself. Doctor Chris Berry, former chief medical Examiner, 76 00:05:00,720 --> 00:05:04,080 Speaker 1: you and I prosecuted a lot of homicides together. Well, 77 00:05:04,120 --> 00:05:08,040 Speaker 1: you didn't prosecute you were, you know, an objective purveyor 78 00:05:08,080 --> 00:05:11,960 Speaker 1: of the truth. But I just caught myself using defense 79 00:05:12,000 --> 00:05:15,640 Speaker 1: attorney language. You catch a charge like somebody just throws 80 00:05:15,640 --> 00:05:19,480 Speaker 1: it at you. Typically you do something very very bad 81 00:05:19,680 --> 00:05:23,760 Speaker 1: to be charged with a felony. But this guy's in inguilla. 82 00:05:23,880 --> 00:05:28,680 Speaker 1: He's now charged with beating and strangling or asphyxiating. This 83 00:05:28,760 --> 00:05:31,600 Speaker 1: mentionance worker did, how do we know? How can you 84 00:05:31,640 --> 00:05:37,320 Speaker 1: look at a body, doctor Sperry and determinus asphyxiation, strangling, suffocation. Well, 85 00:05:37,440 --> 00:05:42,360 Speaker 1: usually there's the presence of injuries around the neck that 86 00:05:42,400 --> 00:05:45,360 Speaker 1: would show that there has been compression of the neck 87 00:05:45,400 --> 00:05:51,480 Speaker 1: of some way. There has been fingers, fingernails, fingernail marks, 88 00:05:51,520 --> 00:05:55,280 Speaker 1: something like that. And what we'll see is also what 89 00:05:55,360 --> 00:05:59,280 Speaker 1: are called particual hemorrhages or little pinpoint hemorrhages on the 90 00:05:59,279 --> 00:06:01,719 Speaker 1: surfaces of the eyes or the face, and then the 91 00:06:01,800 --> 00:06:07,919 Speaker 1: lips and those especially the adults, are very reliable external 92 00:06:07,960 --> 00:06:10,400 Speaker 1: size that there has been some kind of neck compression, 93 00:06:10,480 --> 00:06:13,880 Speaker 1: a strangulation, something like that. Let me ask you a question, 94 00:06:14,000 --> 00:06:17,919 Speaker 1: doctor Chris Berry, when you say, if you are asphyxiated, 95 00:06:17,960 --> 00:06:20,480 Speaker 1: and that could be smothered with a pillow, it could 96 00:06:20,520 --> 00:06:22,800 Speaker 1: be a plastic bag over your head. I think that's 97 00:06:22,800 --> 00:06:25,039 Speaker 1: one of the first cases you and I had where 98 00:06:25,120 --> 00:06:30,279 Speaker 1: a woman was asphyxiated with a laundry bag over her head. 99 00:06:30,000 --> 00:06:33,479 Speaker 1: She breathed the laundry bag up into her nose and mouth, 100 00:06:33,760 --> 00:06:37,880 Speaker 1: and I remember asking you, what are those particles around 101 00:06:37,880 --> 00:06:40,680 Speaker 1: her nose and mouth, and you said, oh, that's where 102 00:06:40,720 --> 00:06:43,400 Speaker 1: we had to pick the plastic off her face because 103 00:06:43,440 --> 00:06:47,640 Speaker 1: she had breathed in the laundry bag trying desperately to breathe. 104 00:06:47,839 --> 00:06:54,279 Speaker 1: So smother asphyxiation strangulation, be it manual with your hands 105 00:06:54,400 --> 00:06:58,480 Speaker 1: or ligature with a let's just say a nylon stocking. 106 00:06:59,000 --> 00:07:02,520 Speaker 1: But all of those cases, do you have the hemorrhaging 107 00:07:02,520 --> 00:07:05,159 Speaker 1: of the particular in the eyes and what is that 108 00:07:05,600 --> 00:07:11,400 Speaker 1: the little pitpoint hemorrhages The potiquii come from pressure. That's 109 00:07:11,440 --> 00:07:15,440 Speaker 1: either pressure on the veins in the neck that prevent 110 00:07:15,480 --> 00:07:17,880 Speaker 1: the blood from flowing back down into the heart and 111 00:07:17,920 --> 00:07:22,160 Speaker 1: so little blood vessels rupture. And they're also caused by pressure, 112 00:07:22,360 --> 00:07:27,160 Speaker 1: intense pressure in the chest if a person is struggling 113 00:07:27,200 --> 00:07:30,680 Speaker 1: to breathe and can't and when they when this happens, 114 00:07:31,120 --> 00:07:36,240 Speaker 1: the pressure inside of the heart extends up into the 115 00:07:36,360 --> 00:07:38,800 Speaker 1: veins in the neck and the face and causes these 116 00:07:38,840 --> 00:07:46,680 Speaker 1: little ruptures. So with smothering and strangulation, ligature strangulation, manual strangulation, 117 00:07:47,120 --> 00:07:51,360 Speaker 1: we see the particular hemorrhages very very frequently. With something 118 00:07:51,400 --> 00:07:53,480 Speaker 1: like a plastic bag over the face, it can be 119 00:07:53,560 --> 00:07:58,360 Speaker 1: much more difficult. They usually they usually are some potiquii, 120 00:07:58,520 --> 00:08:02,280 Speaker 1: but sometimes very very few. It could be very difficult, 121 00:08:02,320 --> 00:08:05,840 Speaker 1: and if the perpetrator removes the plastic bag after the 122 00:08:05,880 --> 00:08:09,400 Speaker 1: person is dead, it could be almost impossible to determine 123 00:08:09,440 --> 00:08:11,560 Speaker 1: why the person died. Well, it doesn't make sense to me, 124 00:08:11,640 --> 00:08:15,360 Speaker 1: doctor Williams. Do you lie psychologists joining us why a 125 00:08:15,440 --> 00:08:19,960 Speaker 1: forty four year old dad would attack someone without read 126 00:08:20,360 --> 00:08:23,360 Speaker 1: for no reason in his hotel room, in front of 127 00:08:23,360 --> 00:08:25,880 Speaker 1: his two little girls and his wife. Well, Nancy, I 128 00:08:26,560 --> 00:08:29,200 Speaker 1: certainly agree with what you said earlier. I think it 129 00:08:29,240 --> 00:08:31,400 Speaker 1: all gives us the creeps when we hear a story 130 00:08:31,400 --> 00:08:33,560 Speaker 1: like this, because when we're traveling abroad, it's our worst 131 00:08:33,640 --> 00:08:35,600 Speaker 1: nightmare for something like this to happen. I want to 132 00:08:35,600 --> 00:08:41,920 Speaker 1: preface what I say with that people have a behavioral 133 00:08:42,120 --> 00:08:47,040 Speaker 1: history which usually not always, not always, but usually indicates 134 00:08:47,880 --> 00:08:50,920 Speaker 1: a pattern of behavior or at least some red flags 135 00:08:51,000 --> 00:08:53,720 Speaker 1: or maybe some yellow flags of things that they might 136 00:08:53,880 --> 00:08:57,560 Speaker 1: be capable of doing in the future. So I would 137 00:08:57,600 --> 00:09:00,199 Speaker 1: be interested if I were involved in this case as 138 00:09:00,200 --> 00:09:03,839 Speaker 1: a psychologist, of going back through his psychological history and 139 00:09:04,000 --> 00:09:10,080 Speaker 1: story at psychological type story, what if any indication or 140 00:09:10,120 --> 00:09:12,920 Speaker 1: evidence is there that he would do something like this. 141 00:09:13,160 --> 00:09:15,600 Speaker 1: And it's usually you have to talk to collatibal interviews 142 00:09:15,640 --> 00:09:18,200 Speaker 1: with people that know the person, because there are things 143 00:09:18,200 --> 00:09:20,880 Speaker 1: that people the average person will miss that I probably 144 00:09:20,920 --> 00:09:24,679 Speaker 1: wouldn't miss. The father was in his own hotel room. 145 00:09:25,480 --> 00:09:29,559 Speaker 1: His two little daughters were also in the hotel room. 146 00:09:30,120 --> 00:09:35,280 Speaker 1: When the maintenance worker comes in, the father, Scott Hapgood, 147 00:09:35,920 --> 00:09:39,440 Speaker 1: ends up charged with homicide when he was in his 148 00:09:39,559 --> 00:09:42,400 Speaker 1: own room in a hotel with his children with the 149 00:09:42,480 --> 00:09:44,880 Speaker 1: door locked. We'll have another ten bit a piece of 150 00:09:44,880 --> 00:09:49,840 Speaker 1: the puzzle to doctor Chris Sperry. This is very very important, 151 00:09:49,880 --> 00:09:54,840 Speaker 1: doctor Sperry. He didn't die from strangulation. He died from 152 00:09:54,880 --> 00:10:01,240 Speaker 1: asphyxia because of position positional asphyxia. Like when a little 153 00:10:01,280 --> 00:10:03,760 Speaker 1: baby is put to sleep in a car seat and 154 00:10:03,840 --> 00:10:07,640 Speaker 1: its little head bends down toward his chest, it can 155 00:10:07,840 --> 00:10:13,400 Speaker 1: actually suffocate that way because if it's position. That tells 156 00:10:13,440 --> 00:10:17,600 Speaker 1: me a lot. Explain why that's so significant, Doctor Sperry, Well, 157 00:10:17,640 --> 00:10:23,320 Speaker 1: that indicates that either the suspect had control over the 158 00:10:23,360 --> 00:10:28,840 Speaker 1: person like is described here behind him with a knee 159 00:10:28,840 --> 00:10:31,760 Speaker 1: in his back and an arm across his chest, and 160 00:10:32,480 --> 00:10:35,520 Speaker 1: by putting pressure on his back, had him in a 161 00:10:35,600 --> 00:10:40,000 Speaker 1: position where he just could not breathe adequately. And sometimes 162 00:10:40,000 --> 00:10:43,240 Speaker 1: this can extend to be even very complicated, where someone 163 00:10:43,400 --> 00:10:46,360 Speaker 1: is tied in a hog tie position with their hands 164 00:10:46,360 --> 00:10:49,080 Speaker 1: tied behind their back and their feet brought up and 165 00:10:49,120 --> 00:10:52,320 Speaker 1: tied to the hands, and if any at that point 166 00:10:52,440 --> 00:10:55,440 Speaker 1: they're helpless, and if any weight of any sort or 167 00:10:55,480 --> 00:10:59,720 Speaker 1: pressure is put on their back, that is positional asphyxia 168 00:11:00,080 --> 00:11:03,280 Speaker 1: and will cause the person to die from inability to 169 00:11:03,320 --> 00:11:06,280 Speaker 1: breathe properly. Take a listen to this. Still a lot 170 00:11:06,320 --> 00:11:09,800 Speaker 1: of questions about what led to this deadly incident inside 171 00:11:09,800 --> 00:11:13,120 Speaker 1: Halfgood's hotel room, but today a spokesman for the Royal 172 00:11:13,120 --> 00:11:16,480 Speaker 1: and Guilla Police Force confirmed his young daughters were there 173 00:11:16,559 --> 00:11:22,360 Speaker 1: at the time. This video shows Gavin Scott Halfgood in 174 00:11:22,440 --> 00:11:25,560 Speaker 1: handcuffs while on vacation in am Gwilla, charged with the 175 00:11:25,640 --> 00:11:28,240 Speaker 1: death of an employee at the hotel where Halfgood was 176 00:11:28,280 --> 00:11:31,559 Speaker 1: staying with his family. The victim twenty seven year old 177 00:11:31,640 --> 00:11:34,720 Speaker 1: Kenny Mitchell, a maintenance worker at the five star Molly 178 00:11:34,800 --> 00:11:39,480 Speaker 1: o'hannah resort. Mitchell's death certificate shows he died from prone restraint, 179 00:11:39,640 --> 00:11:43,680 Speaker 1: asphyxia and blood forced trauma to his head, neck and torso. 180 00:11:44,080 --> 00:11:48,680 Speaker 1: Mister Mitchell Katy was a hard walking young man, fun 181 00:11:48,760 --> 00:11:51,960 Speaker 1: and entertaining, but most of all he was a son, 182 00:11:52,480 --> 00:11:56,960 Speaker 1: a brother, and uncle, and more importantly a father. Hayden 183 00:11:57,080 --> 00:11:59,600 Speaker 1: Hughes is a former member of Parliament who's become the 184 00:11:59,640 --> 00:12:02,960 Speaker 1: spoke person for the group now working for justice for Mitchell. 185 00:12:03,400 --> 00:12:07,280 Speaker 1: Hapgood was initially denied bail but later released on seventy 186 00:12:07,280 --> 00:12:13,520 Speaker 1: four thousand dollars bond. Angering many people in Anguilla. Has 187 00:12:13,559 --> 00:12:16,280 Speaker 1: pleased to spot late on the views of justice, and 188 00:12:16,320 --> 00:12:18,600 Speaker 1: it is apparent that there's a real need for criminal 189 00:12:18,679 --> 00:12:22,280 Speaker 1: justice reform. Halfgood is now back in the United States. 190 00:12:22,480 --> 00:12:25,440 Speaker 1: He works as a financial advisor for UBS, which issued 191 00:12:25,480 --> 00:12:28,000 Speaker 1: this statement. We are aware of the recent events in 192 00:12:28,040 --> 00:12:31,840 Speaker 1: Anguilla and are following the situation closely. As you will appreciate, 193 00:12:31,880 --> 00:12:34,240 Speaker 1: it would not be appropriate for us to provide any 194 00:12:34,240 --> 00:12:37,679 Speaker 1: comment in relation to an active criminal proceeding. Half Good's 195 00:12:37,679 --> 00:12:41,360 Speaker 1: attorney did not return calls for comment. Halfgod is expected 196 00:12:41,480 --> 00:12:44,160 Speaker 1: back in court in Anguilla on August twenty second. You're 197 00:12:44,200 --> 00:12:47,640 Speaker 1: hearing from our friend Maurica Altar at News twelve, Connecticut. 198 00:12:47,760 --> 00:12:49,840 Speaker 1: I just got to tell you something, and everybody held 199 00:12:49,840 --> 00:12:52,360 Speaker 1: onto your hat. I don't believe that's the way this happened, 200 00:12:52,960 --> 00:12:55,959 Speaker 1: because I don't think that this is a murder. And 201 00:12:56,000 --> 00:12:59,440 Speaker 1: I'll tell you why. There may be facts that suggest otherwise. 202 00:12:59,559 --> 00:13:02,920 Speaker 1: Is the case develops. But this guy is in his room, 203 00:13:03,000 --> 00:13:05,760 Speaker 1: minding his own business with his wife and his two 204 00:13:05,920 --> 00:13:09,880 Speaker 1: young daughters, his hotel room with the door locked. He's 205 00:13:09,880 --> 00:13:13,640 Speaker 1: a forty four year old man who is the aggressor. 206 00:13:14,160 --> 00:13:16,600 Speaker 1: The twenty seven year old maintenance worker is the one 207 00:13:16,600 --> 00:13:19,319 Speaker 1: who comes in the room. He did not seek this 208 00:13:19,360 --> 00:13:21,120 Speaker 1: guy out. He didn't have a fight at a bar, 209 00:13:21,440 --> 00:13:25,520 Speaker 1: blah blah. As I've already described. The maintenance worker comes 210 00:13:25,559 --> 00:13:31,360 Speaker 1: in the room, a father almost twice the guy's age, 211 00:13:31,880 --> 00:13:35,200 Speaker 1: picks a fight with a twenty seven year old maintenance worker. No, 212 00:13:36,040 --> 00:13:39,200 Speaker 1: and what is even more compelling to me is the 213 00:13:39,280 --> 00:13:42,559 Speaker 1: mode of death, the cause of death. It is not 214 00:13:43,520 --> 00:13:46,640 Speaker 1: a knife wound, It is not a bullet. It is 215 00:13:47,480 --> 00:13:51,640 Speaker 1: positional asphyxia. For some reason, this forty four year old 216 00:13:51,720 --> 00:13:55,160 Speaker 1: husband and dad had the guy on the ground holding him, 217 00:13:55,480 --> 00:13:58,440 Speaker 1: and because of the position in which he was being held, 218 00:13:59,240 --> 00:14:02,880 Speaker 1: he suffocated. That shows me there may not have been 219 00:14:02,960 --> 00:14:08,400 Speaker 1: intent even to kill, but to restrain. To Bobby Chicon, 220 00:14:08,559 --> 00:14:12,920 Speaker 1: retired FBI Special Agent way In, Yeah, I think the 221 00:14:12,960 --> 00:14:15,800 Speaker 1: difficult part in this case is going to be because 222 00:14:16,360 --> 00:14:19,400 Speaker 1: of what you said in the positional asphyxia. We're going 223 00:14:19,440 --> 00:14:22,040 Speaker 1: to really need a good friends examination that room, and 224 00:14:22,040 --> 00:14:23,880 Speaker 1: in some of these farm cases that I've involved in, 225 00:14:24,400 --> 00:14:27,200 Speaker 1: we haven't gotten that. And so people people entered that room, 226 00:14:27,440 --> 00:14:30,480 Speaker 1: security personnel, hotel personnel. We're gonna want to know where 227 00:14:30,480 --> 00:14:32,160 Speaker 1: the position of the furniture is, the condition of the 228 00:14:32,160 --> 00:14:34,760 Speaker 1: furniture beyond what's on the may be on the wife's 229 00:14:34,760 --> 00:14:37,000 Speaker 1: cell phone video, and we're gonna want to know the 230 00:14:37,040 --> 00:14:40,760 Speaker 1: forensics of that where where blood may have been on 231 00:14:40,800 --> 00:14:43,200 Speaker 1: the carpet, things like that, and uh, you know, I 232 00:14:43,240 --> 00:14:46,360 Speaker 1: hope that there was a very good friends examination done 233 00:14:46,640 --> 00:14:48,520 Speaker 1: of that room, But like I said, in some of 234 00:14:48,520 --> 00:14:51,800 Speaker 1: these farm cases that I've worked, we just haven't got 235 00:14:51,840 --> 00:14:55,440 Speaker 1: that forens And once that scene has been contaminated, it's lost, 236 00:14:55,640 --> 00:14:58,120 Speaker 1: and so you're going to have he said, She said, 237 00:14:58,200 --> 00:15:00,880 Speaker 1: if you don't have definitive evid it's on that video. 238 00:15:01,000 --> 00:15:03,800 Speaker 1: On a small island like this, those hotel personnel and 239 00:15:03,840 --> 00:15:06,080 Speaker 1: those security for the hotel are going to be under 240 00:15:06,120 --> 00:15:09,760 Speaker 1: tremendous pressure, public pressure, as you've already seen with one 241 00:15:09,760 --> 00:15:12,560 Speaker 1: of the radio DJ's host down there. I'm putting tremendous 242 00:15:12,600 --> 00:15:16,560 Speaker 1: pressure on finding this guy guilty. And so you know, 243 00:15:16,640 --> 00:15:19,920 Speaker 1: you may not beginning the honest from the hotel personnel 244 00:15:19,920 --> 00:15:22,240 Speaker 1: that we're in that room with something else. You said, 245 00:15:22,400 --> 00:15:26,840 Speaker 1: Bobby chican Is, I don't necessarily trust other police departments 246 00:15:26,960 --> 00:15:32,760 Speaker 1: in other countries to perform a sophisticated forensic sweep of 247 00:15:32,800 --> 00:15:36,440 Speaker 1: the room, exactly what I mean. And that's true and 248 00:15:36,600 --> 00:15:39,440 Speaker 1: smaller jurisdictions in the US because they don't do it 249 00:15:39,520 --> 00:15:43,040 Speaker 1: every day. It's something new, and I don't know what 250 00:15:43,160 --> 00:15:45,440 Speaker 1: methods they have to say that forensic evidence. But I 251 00:15:45,440 --> 00:15:47,040 Speaker 1: can tell you this, and once you take a listen 252 00:15:47,080 --> 00:15:49,520 Speaker 1: to my buddy at CBS two, Tony Aella in an 253 00:15:49,560 --> 00:15:54,160 Speaker 1: idyllic suburb, A family nightmare. Longtime Darien resident Scott Hapgood, 254 00:15:54,320 --> 00:15:57,120 Speaker 1: a high school football star in the early nineties. Now 255 00:15:57,320 --> 00:16:01,560 Speaker 1: charged with manslaughter. Police and Will say on April thirteenth, 256 00:16:01,560 --> 00:16:05,760 Speaker 1: Halfgood killed hotel worker Kenny Mitchell, beating and choking him. 257 00:16:05,800 --> 00:16:09,000 Speaker 1: It happened at the upscale Mali Ohama resort, where Mitchell 258 00:16:09,080 --> 00:16:12,200 Speaker 1: worked as a maintenance man. Now a statement from a 259 00:16:12,240 --> 00:16:16,080 Speaker 1: spokeswoman for Hapgood quote, attacked without warning in his family's 260 00:16:16,080 --> 00:16:18,640 Speaker 1: hotel room by a maintenance worker who was armed and 261 00:16:18,720 --> 00:16:22,280 Speaker 1: demanding money. Scott Hapgood acted in self defense to protect 262 00:16:22,320 --> 00:16:25,480 Speaker 1: the lives of his young daughters and himself. The spokeswoman 263 00:16:25,560 --> 00:16:28,160 Speaker 1: says Mitchell came to the room on a pretense before 264 00:16:28,200 --> 00:16:32,720 Speaker 1: attacking Hapgood quote. The Hapgood family is traumatized by the assault. 265 00:16:32,720 --> 00:16:36,320 Speaker 1: They survived and are thankful to be alive. Eighteen hundred 266 00:16:36,360 --> 00:16:40,119 Speaker 1: miles from Dry Anne, people in Anguilla are closely monitoring 267 00:16:40,200 --> 00:16:44,080 Speaker 1: developments in the case. Mitchell has described as a gentle 268 00:16:44,160 --> 00:16:47,120 Speaker 1: family man who doated on his daughter and loved his job. 269 00:16:47,560 --> 00:16:50,040 Speaker 1: Some find it hard to believe Mitchell Wood suddenly turn 270 00:16:50,120 --> 00:16:53,440 Speaker 1: to violence. There's also anger. Hapgood was granted bond and 271 00:16:53,520 --> 00:16:56,680 Speaker 1: allowed to fly back to the States. He's under orders 272 00:16:56,680 --> 00:16:59,480 Speaker 1: to return for a court date in August. You know 273 00:17:00,160 --> 00:17:02,760 Speaker 1: telling you when you prosecute a case. After you get 274 00:17:02,880 --> 00:17:06,040 Speaker 1: your case ready, the next thing you do is you 275 00:17:06,119 --> 00:17:08,720 Speaker 1: anticipate what the defense is going to do so you 276 00:17:08,720 --> 00:17:12,000 Speaker 1: can prepare for it. And I am telling you right now, 277 00:17:12,320 --> 00:17:17,280 Speaker 1: the fact that this maintenance worker died of positional asphyxia, 278 00:17:17,359 --> 00:17:21,000 Speaker 1: that he is the one that came into their room, 279 00:17:21,040 --> 00:17:24,480 Speaker 1: according to them, demanding money and armed with a knife. 280 00:17:26,920 --> 00:17:28,800 Speaker 1: I don't think the state's got a very strong case. 281 00:17:29,400 --> 00:17:31,199 Speaker 1: I'll go out on a limb. I don't think how 282 00:17:31,240 --> 00:17:36,159 Speaker 1: good is guilty And it'd be a cold day and 283 00:17:36,440 --> 00:17:39,920 Speaker 1: you know where before I would go along with having 284 00:17:39,960 --> 00:17:43,720 Speaker 1: my husband extradited back to Anguilla for a little home 285 00:17:43,800 --> 00:17:48,920 Speaker 1: cooking barbecue by a local jury in Oh. I don't know. 286 00:17:49,080 --> 00:17:53,199 Speaker 1: I agree with you, Nancy this, Chris. I've seen a 287 00:17:53,200 --> 00:17:56,320 Speaker 1: lot of kind of combinations like this before. But the 288 00:17:57,000 --> 00:18:01,119 Speaker 1: head injuries, nick injuries, positional asphyxia, with his wife and 289 00:18:01,240 --> 00:18:04,359 Speaker 1: kids there, that all sounds like a struggle that he 290 00:18:04,480 --> 00:18:08,240 Speaker 1: managed to, you know, get control over the guy um 291 00:18:08,800 --> 00:18:13,119 Speaker 1: and unfortunately the guy died. But that's that's really what 292 00:18:13,200 --> 00:18:15,440 Speaker 1: it sounds like, the knockdown, drag out fight. One thing 293 00:18:15,440 --> 00:18:18,240 Speaker 1: we didn't talk about is that the security guard warned 294 00:18:18,280 --> 00:18:21,280 Speaker 1: the other staff members not to intervene in the fight 295 00:18:21,400 --> 00:18:25,160 Speaker 1: because his wife was filming the inside. I'm with you, guys, 296 00:18:25,200 --> 00:18:26,720 Speaker 1: I don't. I don't. I'm never a big believer in 297 00:18:27,119 --> 00:18:29,280 Speaker 1: uh in motive, you don't have to prove it from 298 00:18:29,280 --> 00:18:33,119 Speaker 1: most statutes. But I'm struggling with what could possibly be 299 00:18:33,160 --> 00:18:35,199 Speaker 1: the motive of this guy with his wife and two 300 00:18:35,280 --> 00:18:37,439 Speaker 1: kids in the room, to you know, to brutally attack 301 00:18:37,480 --> 00:18:41,240 Speaker 1: this guy unprovoked, you know, so what you know, the 302 00:18:41,560 --> 00:18:44,240 Speaker 1: motive has been proffered that you know, it was a robbery, 303 00:18:44,400 --> 00:18:47,760 Speaker 1: that's understandable. But the opposite motive of why this guy 304 00:18:47,800 --> 00:18:50,479 Speaker 1: would just unsolicited, you call this guy who was room 305 00:18:50,560 --> 00:18:52,280 Speaker 1: lure him to a room so he could beat him 306 00:18:52,320 --> 00:18:53,840 Speaker 1: to death in front of his wife and kids, that 307 00:18:53,960 --> 00:18:57,760 Speaker 1: just doesn't seem like a believable motive. Yeah, I agree, Chris. 308 00:18:57,760 --> 00:18:59,359 Speaker 1: One thing we're going to have to look at is 309 00:18:59,680 --> 00:19:01,880 Speaker 1: a day the guy came to the room to fix 310 00:19:01,920 --> 00:19:04,760 Speaker 1: a broken sink. Was there a complaint for a broken sink? 311 00:19:05,160 --> 00:19:07,760 Speaker 1: Was he really dispatched for that reason? There's so many 312 00:19:07,800 --> 00:19:11,280 Speaker 1: more facts, and I just do not trust any foreign 313 00:19:11,320 --> 00:19:14,439 Speaker 1: government to give the a US citizen a fair trial 314 00:19:14,920 --> 00:19:26,280 Speaker 1: I just sorry, I just don't trust them. I think 315 00:19:26,359 --> 00:19:30,160 Speaker 1: Jesse Smillett should come clear because of truthful set him free. 316 00:19:30,280 --> 00:19:33,080 Speaker 1: Bold words from the attorney of Abel and Ola Osan 317 00:19:33,160 --> 00:19:36,520 Speaker 1: Darrow brothers, who spent hours talking to prosecutors in a 318 00:19:36,600 --> 00:19:39,320 Speaker 1: grand jury. They are the same men, police sayer in 319 00:19:39,359 --> 00:19:43,080 Speaker 1: this surveillance photo and its evidence, Jesse Smilette told Robin 320 00:19:43,200 --> 00:19:47,399 Speaker 1: Roberts shows his attackers. I don't have any doubt in 321 00:19:47,440 --> 00:19:52,600 Speaker 1: my mind that that's there. The Empire actor who told 322 00:19:52,640 --> 00:19:56,040 Speaker 1: police two mass men beat him yelling racial and homophobic 323 00:19:56,080 --> 00:19:59,679 Speaker 1: slurs in Chicago Streeterville neighborhood is now charged with his 324 00:20:00,000 --> 00:20:03,200 Speaker 1: own alleged crime, the Cook County State's Attorney's office saying 325 00:20:03,200 --> 00:20:07,280 Speaker 1: Smilette faces one felony count of disorderly conduct stemming from 326 00:20:07,320 --> 00:20:10,560 Speaker 1: filing a false police report. I think that Jesse's conscience 327 00:20:10,640 --> 00:20:12,720 Speaker 1: is probably not letting him sleep right now, so I 328 00:20:12,760 --> 00:20:15,399 Speaker 1: think he should unload that conscience and just come out 329 00:20:15,440 --> 00:20:18,160 Speaker 1: and tell the American people. Would actually have. Smilett's lawyers 330 00:20:18,200 --> 00:20:21,800 Speaker 1: fired back, releasing his statement saying, quote, like any other citizen, 331 00:20:22,040 --> 00:20:26,159 Speaker 1: mister Spilett enjoys the presumption of innocence given the circumstances, 332 00:20:26,160 --> 00:20:29,040 Speaker 1: we intend to conduct a thorough investigation and to mount 333 00:20:29,080 --> 00:20:35,320 Speaker 1: an aggressive defense. That's Robbie Glass at Chicago ABC seven. 334 00:20:36,119 --> 00:20:40,680 Speaker 1: Jesse Smoilett, as you know, the disgraced actor, the star 335 00:20:40,880 --> 00:20:45,040 Speaker 1: on the Hitch Show Empire. He's in a hole, heap 336 00:20:45,080 --> 00:20:51,160 Speaker 1: of trouble after he stages an alleged fake hoax hate 337 00:20:51,200 --> 00:20:56,639 Speaker 1: crime on himself. Now all of his charges has seemingly 338 00:20:56,680 --> 00:21:01,000 Speaker 1: been dropped. The prosecutor has been put under subpoena by 339 00:21:01,080 --> 00:21:05,000 Speaker 1: a sitting judge wanting to know why the charges were dropped. 340 00:21:05,400 --> 00:21:09,760 Speaker 1: Not only that, the two brothers Osandaro brothers have in 341 00:21:09,920 --> 00:21:16,080 Speaker 1: the last hours filed a lawsuit against the Empire actors lawyers, 342 00:21:16,560 --> 00:21:20,280 Speaker 1: including Mark here Goes, because of the way they claim 343 00:21:20,480 --> 00:21:23,800 Speaker 1: they the brothers have been portrayed in this whole thing. 344 00:21:24,160 --> 00:21:27,000 Speaker 1: Now that's a bombshell for many reasons. I mean, as 345 00:21:27,040 --> 00:21:29,320 Speaker 1: he grace this his crime stories, thank you for being 346 00:21:29,320 --> 00:21:33,840 Speaker 1: with us at this hour. The lead prosecutor, Kim Fox, 347 00:21:33,920 --> 00:21:38,000 Speaker 1: has been ordered to appear in court over the Jesse 348 00:21:38,080 --> 00:21:42,400 Speaker 1: Smilette scandal. The judge slapping the prosecutor with a subpoena 349 00:21:42,440 --> 00:21:44,919 Speaker 1: over the way she handled the smilette case after she 350 00:21:45,080 --> 00:21:52,119 Speaker 1: drops all six steam charges against the Hollywood star, joining 351 00:21:52,119 --> 00:21:55,040 Speaker 1: me all Star Pandel, Bobbi Chico, an FBI special agent, 352 00:21:55,080 --> 00:21:59,639 Speaker 1: doctor William July psychologist, doctor Chris Sperry medical examiner, and 353 00:21:59,720 --> 00:22:02,879 Speaker 1: John Linley Crime online dot Com investigative reporter John. What 354 00:22:03,119 --> 00:22:06,080 Speaker 1: is happening? Well, where to begin? Will begin with Kim Fox, 355 00:22:06,400 --> 00:22:10,440 Speaker 1: Chicago's top prosecutor that you just mentioned. She has been 356 00:22:10,680 --> 00:22:14,560 Speaker 1: subpoena to appear at a court hearing regarding her handling 357 00:22:14,880 --> 00:22:18,520 Speaker 1: of the Jesse Smilette attack. I put that in air quotes. 358 00:22:18,840 --> 00:22:21,879 Speaker 1: The state's attorney was hit with the subpoena by a 359 00:22:22,000 --> 00:22:25,119 Speaker 1: retired a Pellet judge who's seeking the appointment of a 360 00:22:25,280 --> 00:22:29,600 Speaker 1: special prosecutor to look into how Kim dealt with this 361 00:22:29,800 --> 00:22:33,240 Speaker 1: super controversial case. Well, let's just start at the beginning. 362 00:22:33,240 --> 00:22:37,760 Speaker 1: I want to talk about the actual case itself. Jessee Smlette, 363 00:22:37,760 --> 00:22:40,199 Speaker 1: the Empire star, had been out of town. He flies 364 00:22:40,240 --> 00:22:45,080 Speaker 1: home to Chicago, gets to his penthouse apartment around two o'clock, 365 00:22:45,119 --> 00:22:50,520 Speaker 1: according to him, in sub zero temperatures. Smilette decides he's 366 00:22:50,560 --> 00:22:55,199 Speaker 1: got the thungrease. Okay. He puts on his coat and 367 00:22:55,320 --> 00:22:59,800 Speaker 1: goes out again to am subzero temperatures in Chicago, that 368 00:23:00,080 --> 00:23:06,480 Speaker 1: right to go to subway. Okay, it's his theory, Smolett, 369 00:23:06,960 --> 00:23:09,880 Speaker 1: that someone had been sending him hate mail and death 370 00:23:09,920 --> 00:23:15,879 Speaker 1: threats to work and that these same nefarious near duels 371 00:23:16,160 --> 00:23:21,080 Speaker 1: were waiting for him at two am near the subway 372 00:23:21,119 --> 00:23:24,879 Speaker 1: sandwich shop knowing I guess he was going to have 373 00:23:25,119 --> 00:23:30,120 Speaker 1: a subway attack. He had to have a subway sandwich. 374 00:23:31,200 --> 00:23:34,159 Speaker 1: Now how they knew that, I do not know and 375 00:23:34,320 --> 00:23:38,080 Speaker 1: why they agreed to brave sub zero temperatures to beat 376 00:23:38,160 --> 00:23:42,760 Speaker 1: up Jesse Smolette don't know that either. But video surveillance 377 00:23:42,800 --> 00:23:45,720 Speaker 1: doesn't show the actual attack, but it does show the 378 00:23:45,760 --> 00:23:49,879 Speaker 1: two Osandara brothers leaving the attack, and Smolette says on 379 00:23:50,040 --> 00:23:53,120 Speaker 1: National TV to our friend Robin Roberts that they are 380 00:23:53,200 --> 00:23:56,360 Speaker 1: his attackers. Well, it turns out they're also his friends 381 00:23:56,400 --> 00:24:02,400 Speaker 1: that he has been paying for very rolls like as 382 00:24:02,480 --> 00:24:07,920 Speaker 1: a trainer. Take a listen to George Stephanopolis on GMA. 383 00:24:08,080 --> 00:24:09,760 Speaker 1: He knew it was the brothers, didn't he? He did not. 384 00:24:10,280 --> 00:24:13,680 Speaker 1: The attackers were masked. He only saw one of them. 385 00:24:13,720 --> 00:24:16,600 Speaker 1: One of them approached him from behind, and he was 386 00:24:16,640 --> 00:24:20,160 Speaker 1: wearing a mask, and so he did not identify them. 387 00:24:20,200 --> 00:24:22,879 Speaker 1: He initially had a really hard time believing that they 388 00:24:22,880 --> 00:24:25,359 Speaker 1: could be involved because he knew one of them, and 389 00:24:25,400 --> 00:24:28,360 Speaker 1: we can only speculate estimilization. You know, the police say 390 00:24:28,400 --> 00:24:30,840 Speaker 1: they have phone records of him talking to the brothers 391 00:24:30,840 --> 00:24:33,560 Speaker 1: an hour before the attack, absolutely hour after the attack, 392 00:24:33,680 --> 00:24:36,480 Speaker 1: and while they're in Africa after not an hour after 393 00:24:36,520 --> 00:24:39,040 Speaker 1: the attack that they said, that's completely false. And I've 394 00:24:39,040 --> 00:24:41,520 Speaker 1: seen the phone records and they've been produced. And one 395 00:24:41,560 --> 00:24:42,840 Speaker 1: thing I do also want to put out there, and 396 00:24:43,040 --> 00:24:45,400 Speaker 1: you're saying he did talk to the brothers, He absolutely 397 00:24:45,359 --> 00:24:47,520 Speaker 1: talked to them because he had just hired the one 398 00:24:47,600 --> 00:24:50,520 Speaker 1: brother to train him for his upcoming music video for 399 00:24:50,560 --> 00:24:53,800 Speaker 1: training a nutrition, which the brothers have now confirmed that 400 00:24:53,800 --> 00:24:55,359 Speaker 1: that's actually what the check was for. And this is 401 00:24:55,359 --> 00:24:58,679 Speaker 1: again one of the misstatements out there that Eddie Johnson 402 00:24:58,720 --> 00:25:00,720 Speaker 1: went and held his press conferences said that the check 403 00:25:00,800 --> 00:25:02,600 Speaker 1: was for the stage at a time. Their lawyer did 404 00:25:02,600 --> 00:25:04,040 Speaker 1: tell me that. But you're saying he talked to them 405 00:25:04,080 --> 00:25:07,800 Speaker 1: an hour before the attecht absolutely them that attacked them, absolutely, 406 00:25:07,840 --> 00:25:09,880 Speaker 1: and the reason he talked to them was there were 407 00:25:09,920 --> 00:25:11,919 Speaker 1: if you look at the text messages leading up to 408 00:25:11,960 --> 00:25:16,000 Speaker 1: the night of the incident. There's ample texts about training, 409 00:25:16,000 --> 00:25:18,240 Speaker 1: a nutrition, and they were supposed to actually train that night. 410 00:25:18,440 --> 00:25:20,720 Speaker 1: Jesse was flying in from New York and his flight 411 00:25:20,800 --> 00:25:23,200 Speaker 1: was delayed for four hours, so he was constantly texting 412 00:25:23,400 --> 00:25:26,760 Speaker 1: and communicating about their planned training session. They were supposed 413 00:25:26,760 --> 00:25:28,520 Speaker 1: to train that night as well as the next morning. 414 00:25:28,880 --> 00:25:32,960 Speaker 1: And he eventually texted him when he landed and said, 415 00:25:33,000 --> 00:25:34,760 Speaker 1: now it was way too late. And he texted him 416 00:25:34,800 --> 00:25:37,560 Speaker 1: and let him know that he landed late. They actually 417 00:25:37,600 --> 00:25:41,359 Speaker 1: spoke by phone as well, and so he absolutely knew 418 00:25:41,400 --> 00:25:43,960 Speaker 1: that he was on his way home. And if the 419 00:25:44,040 --> 00:25:46,160 Speaker 1: brothers are saying that he helped them stage this attack, 420 00:25:46,200 --> 00:25:48,800 Speaker 1: you're saying the brothers are lying. Absolutely, they're not telling 421 00:25:48,800 --> 00:25:51,719 Speaker 1: the truth. No, Okay, that's our friend George Jefanopolis at 422 00:25:51,760 --> 00:25:56,040 Speaker 1: GMA speaking to one of the last lawyers, Tina Giandian. 423 00:25:56,840 --> 00:26:01,120 Speaker 1: So he's texting with the brothers just before they attack him. 424 00:26:01,119 --> 00:26:02,960 Speaker 1: How did they know to be there at two am 425 00:26:02,960 --> 00:26:08,080 Speaker 1: outside the subway sandwich shop? Okay? And also what about 426 00:26:08,160 --> 00:26:12,960 Speaker 1: those letters if the crazy death threats he was getting 427 00:26:13,480 --> 00:26:16,160 Speaker 1: at work. Now, hold on just a moment, I want 428 00:26:16,200 --> 00:26:19,280 Speaker 1: you to hear our friend Nick Smith at Fox five 429 00:26:20,000 --> 00:26:22,879 Speaker 1: regarding what the brothers say. The adjusse Smallette case is 430 00:26:22,920 --> 00:26:25,919 Speaker 1: back in the headlines, this time because the actor's legal 431 00:26:26,000 --> 00:26:29,000 Speaker 1: team is facing a lawsuit. Fox Five's Nick Smith joins 432 00:26:29,040 --> 00:26:30,960 Speaker 1: us slide from the newsroom with these latest developments. This 433 00:26:31,040 --> 00:26:32,840 Speaker 1: is a story that just does not end. Blake so 434 00:26:33,040 --> 00:26:35,639 Speaker 1: many twists and turns. Now, the latest twist involves the 435 00:26:35,640 --> 00:26:38,040 Speaker 1: two brothers who say they were paid to help Smolette 436 00:26:38,200 --> 00:26:41,159 Speaker 1: stage an attack against him. Tonight, those personal trainers are 437 00:26:41,160 --> 00:26:44,840 Speaker 1: suing Smallest lawyers for defamation, the two brothers saying they're 438 00:26:44,880 --> 00:26:47,720 Speaker 1: filing the lawsuit because Smallest attorneys lie to the media 439 00:26:47,800 --> 00:26:49,879 Speaker 1: and try to make it appear that they were the 440 00:26:49,880 --> 00:26:53,560 Speaker 1: culprits in a real, homophobic and racist attack. Now the 441 00:26:53,560 --> 00:26:56,400 Speaker 1: suit doubles down, saying the brothers never knew Smallette would 442 00:26:56,400 --> 00:26:58,720 Speaker 1: go to the police because he was simply staging the 443 00:26:58,760 --> 00:27:02,240 Speaker 1: attack for social media. They were asked to do something 444 00:27:02,320 --> 00:27:04,840 Speaker 1: by a friend who they trusted, and at the end 445 00:27:04,840 --> 00:27:08,359 Speaker 1: of the day, that friend betrayed their trust. They've realized 446 00:27:08,520 --> 00:27:12,480 Speaker 1: that it was wrong, they've apologized for it, and they've 447 00:27:12,480 --> 00:27:16,800 Speaker 1: expressed more than once that they are tremendously regretful for 448 00:27:16,880 --> 00:27:20,160 Speaker 1: the role that they played in it, but make no mistake, 449 00:27:20,800 --> 00:27:23,760 Speaker 1: they had no role in calling the police and they 450 00:27:23,800 --> 00:27:28,359 Speaker 1: had no role in defrauding the police department. The brothers 451 00:27:28,359 --> 00:27:30,879 Speaker 1: say as a result of the alleged defamation, they suffered 452 00:27:30,920 --> 00:27:35,040 Speaker 1: extreme emotional distress, humiliation, anxiety, and damages to current and 453 00:27:35,160 --> 00:27:38,679 Speaker 1: prospective business relations. Now TMZ reports that the brothers have 454 00:27:38,880 --> 00:27:41,520 Speaker 1: also had a tough time finding work both as actors 455 00:27:41,520 --> 00:27:44,400 Speaker 1: and personal trainers in the wake of the scandal. Now, 456 00:27:44,440 --> 00:27:47,280 Speaker 1: one detail that has many scratching their heads tonight Blake 457 00:27:47,520 --> 00:27:51,040 Speaker 1: the fact that these brothers did not sue Jesse Smolette. Instead, 458 00:27:51,240 --> 00:28:07,720 Speaker 1: they're targeting his legal team crime stories with Nancy Grace. 459 00:28:09,560 --> 00:28:13,280 Speaker 1: You know, doctor Sperry, I would come in from one trial, 460 00:28:13,400 --> 00:28:16,440 Speaker 1: one jury trial, very often with you as a witness, 461 00:28:16,640 --> 00:28:19,640 Speaker 1: to my office and find typically one hundred and fifty 462 00:28:19,640 --> 00:28:22,679 Speaker 1: brand new felonies for me to start working on. I 463 00:28:22,760 --> 00:28:25,160 Speaker 1: assume it was the same way at the medical examiner's office. 464 00:28:25,240 --> 00:28:30,080 Speaker 1: Oh yes, yeah, yeah, when one case ends, five order beer. 465 00:28:30,200 --> 00:28:32,679 Speaker 1: Oh yes. And what is driving me so crazy about this, 466 00:28:32,800 --> 00:28:37,960 Speaker 1: doctor Sperry, is that by Smollette telling cops he was 467 00:28:38,000 --> 00:28:41,320 Speaker 1: the victim of a hate crime because he was gay 468 00:28:41,440 --> 00:28:44,640 Speaker 1: and African American. Dozens of detectives were working in that 469 00:28:44,720 --> 00:28:48,719 Speaker 1: case night and day. It was a high profile hate crime, 470 00:28:49,200 --> 00:28:54,560 Speaker 1: and that takes police and detect gives away from real crimes, 471 00:28:54,800 --> 00:28:58,360 Speaker 1: real victims who were looking for answers. Doctor Sperry. Absolutely, 472 00:28:58,880 --> 00:29:02,360 Speaker 1: that's you know, there's all so many police, and you know, 473 00:29:02,360 --> 00:29:05,800 Speaker 1: if they're overburdened or if they're charged with going after 474 00:29:06,400 --> 00:29:10,280 Speaker 1: something like this where it's chasing ghosts, they spend thousands 475 00:29:10,280 --> 00:29:12,560 Speaker 1: of man hours and doing that. It's the same way 476 00:29:12,600 --> 00:29:15,880 Speaker 1: with medical examiners. You know, if we get you know, 477 00:29:15,920 --> 00:29:18,600 Speaker 1: we have to Sometimes we're told we have to go 478 00:29:18,680 --> 00:29:22,640 Speaker 1: down a certain path because a certain set of circumstances occurred, 479 00:29:22,920 --> 00:29:25,200 Speaker 1: when it never did. We waste a lot of time. 480 00:29:25,360 --> 00:29:28,520 Speaker 1: You know, I want to go to doctor William July. Psychologists. 481 00:29:28,640 --> 00:29:30,800 Speaker 1: What do you make of the fact that the brothers 482 00:29:31,000 --> 00:29:35,200 Speaker 1: are suing Smolette has never sued saying, hey, all these 483 00:29:35,240 --> 00:29:40,000 Speaker 1: claims were fake. It's hurt my reputation. I demand justice. 484 00:29:40,160 --> 00:29:42,840 Speaker 1: The brothers are the ones saying you lied about me, 485 00:29:43,040 --> 00:29:47,520 Speaker 1: not Smolette. Yeah, it sounds like the story is unraveling 486 00:29:47,680 --> 00:29:50,160 Speaker 1: and people are running for cover, which is what we 487 00:29:50,200 --> 00:29:54,600 Speaker 1: see in situation like this. These guys, for whatever reason, 488 00:29:54,800 --> 00:29:57,560 Speaker 1: are now saying, Hey, we've had enough and now we're 489 00:29:57,680 --> 00:30:00,400 Speaker 1: going to tell our side of the door before we 490 00:30:00,480 --> 00:30:02,960 Speaker 1: get dropped into grief thrown under the butt. Yeah. And 491 00:30:03,120 --> 00:30:05,480 Speaker 1: I think the one that's demanding the truth come out 492 00:30:05,640 --> 00:30:07,479 Speaker 1: is the one who's not afraid of the truth, and 493 00:30:07,520 --> 00:30:10,480 Speaker 1: that would be the Oceandaro brothers. You know. To doctor 494 00:30:10,520 --> 00:30:14,640 Speaker 1: Chris Sperry Smilett's injuries, I'm looking at them immediately after 495 00:30:14,680 --> 00:30:19,840 Speaker 1: the alleged hate crime outside his Chicago apartment. He has 496 00:30:20,240 --> 00:30:25,840 Speaker 1: one cut underneath his right eye, and other than that 497 00:30:25,960 --> 00:30:32,880 Speaker 1: one laceration, he was in pretty good shape, even smirking 498 00:30:33,040 --> 00:30:38,240 Speaker 1: during a FaceTime conversation. Bottom line, he wasn't hurt, Doctor Sperry, No, 499 00:30:38,680 --> 00:30:41,080 Speaker 1: and Nancy. The thought I had when I saw those 500 00:30:41,120 --> 00:30:44,440 Speaker 1: photographs was that I was underwhelmed. In other words, it 501 00:30:45,480 --> 00:30:47,720 Speaker 1: I did not see. This is not the evidence of 502 00:30:47,720 --> 00:30:50,000 Speaker 1: a beating. In fact, I can tell you many times 503 00:30:50,000 --> 00:30:53,360 Speaker 1: over my career I have seen what are called factitious 504 00:30:53,800 --> 00:30:57,560 Speaker 1: or self inflicted injuries that are done in order to 505 00:30:57,640 --> 00:31:01,600 Speaker 1: try to implicate the involved of another person, and usually 506 00:31:01,640 --> 00:31:04,560 Speaker 1: someone specifically, but just to show that to try this 507 00:31:04,920 --> 00:31:08,760 Speaker 1: to gain or a foot of the police basically into 508 00:31:08,800 --> 00:31:11,720 Speaker 1: thinking that this person has been beaten or assaulted with 509 00:31:11,880 --> 00:31:14,320 Speaker 1: In fact, the injuries are self inflicted. And I think 510 00:31:14,360 --> 00:31:17,680 Speaker 1: that's is exactly what happened here, you know to John Limley, 511 00:31:17,680 --> 00:31:20,680 Speaker 1: correct me if I'm wrong, But Smillett says that his 512 00:31:21,840 --> 00:31:24,920 Speaker 1: unknown assailants beat him up and put a rope around 513 00:31:24,920 --> 00:31:29,200 Speaker 1: his neck because he's African American and he's gay. All right. 514 00:31:30,600 --> 00:31:33,920 Speaker 1: When he gets home, he's not the one that even calls. 515 00:31:33,960 --> 00:31:37,480 Speaker 1: He doesn't even call nine one one. His manager. He's 516 00:31:37,480 --> 00:31:41,160 Speaker 1: on the phone with his manager and the manager gets police. 517 00:31:41,360 --> 00:31:44,240 Speaker 1: And when the cops get there, however, many minutes later, 518 00:31:44,480 --> 00:31:47,240 Speaker 1: he's just sitting there with a rope still hanging around 519 00:31:47,240 --> 00:31:48,960 Speaker 1: his neck. I mean, the first thing I would do 520 00:31:49,320 --> 00:31:52,080 Speaker 1: was get a noose from around my neck, John Lamley, 521 00:31:52,240 --> 00:31:56,200 Speaker 1: all of this was just a mere matter of weeks 522 00:31:56,480 --> 00:32:02,160 Speaker 1: after a suspicious envelope or ran purportedly for Jessie Smilette 523 00:32:02,440 --> 00:32:06,280 Speaker 1: at the studios Chicago's Center Space Studios. Have you have 524 00:32:06,360 --> 00:32:08,280 Speaker 1: you seen the hate? Have you seen the death threat? 525 00:32:08,480 --> 00:32:13,040 Speaker 1: It's like somebody's playing hangman, the letter game where you 526 00:32:13,120 --> 00:32:15,640 Speaker 1: come up with the word, and every time the person 527 00:32:15,920 --> 00:32:18,840 Speaker 1: wrongly guesses a letter, you put a hangman, you put 528 00:32:18,840 --> 00:32:21,560 Speaker 1: his head, then you put his torso it looked like 529 00:32:21,560 --> 00:32:25,600 Speaker 1: a little hangman. And then a gun out in the 530 00:32:25,640 --> 00:32:28,680 Speaker 1: distance with a bullet like a round ball going through 531 00:32:28,720 --> 00:32:33,120 Speaker 1: the air. That's the hate mail. And now this so 532 00:32:33,240 --> 00:32:36,840 Speaker 1: bottom line, John Lemley, what's happening with the prosecutor? I mean, 533 00:32:36,920 --> 00:32:40,000 Speaker 1: number one, she was recused off the case because she 534 00:32:40,040 --> 00:32:46,120 Speaker 1: had had contacts with Smilette's family, okay, with the alleged 535 00:32:46,200 --> 00:32:51,600 Speaker 1: victim's family, the Empire Stars family, talking about lenient treatment 536 00:32:51,680 --> 00:32:54,920 Speaker 1: for him before anything even happened in the case. Then 537 00:32:55,760 --> 00:32:59,760 Speaker 1: after she's refused or taken off the case, she continues 538 00:33:00,120 --> 00:33:05,360 Speaker 1: texting about how she wants the charges dropped on Smolette. 539 00:33:05,400 --> 00:33:07,840 Speaker 1: I mean, do I have it right? What's happening with her? 540 00:33:07,920 --> 00:33:10,520 Speaker 1: Why has she been subpoenaed to appear before a judge? 541 00:33:10,520 --> 00:33:16,040 Speaker 1: Her conversation continues, maybe one sidedly, even after she's been 542 00:33:16,240 --> 00:33:20,160 Speaker 1: taken off the case. She's been harshly criticized ever since 543 00:33:20,160 --> 00:33:25,320 Speaker 1: her office dismissed all sixteen counts against Smolette over this 544 00:33:25,360 --> 00:33:29,880 Speaker 1: alleged attack. And this retired judge reportedly wrote that Fox's 545 00:33:29,920 --> 00:33:34,080 Speaker 1: handling of the case was plagued with all sorts of irregularities, 546 00:33:34,080 --> 00:33:38,360 Speaker 1: and that Fox misled the public into believing that Smolette's 547 00:33:38,400 --> 00:33:43,080 Speaker 1: case was handled like any other prosecution and without influence 548 00:33:43,600 --> 00:33:46,160 Speaker 1: John Linley. Isn't it true? The judge is curious why 549 00:33:46,240 --> 00:33:48,680 Speaker 1: another case where a woman was charged with false report 550 00:33:48,720 --> 00:33:52,440 Speaker 1: like Smolette did, is getting a very different treatment than 551 00:33:52,480 --> 00:33:56,719 Speaker 1: the Hollywood star Nancy. That's exactly what happened. Cook County 552 00:33:56,840 --> 00:34:01,160 Speaker 1: judge has slammed Cook County States Journey Kim Fox for 553 00:34:01,480 --> 00:34:05,520 Speaker 1: prosecuting a woman for filing a false police report while 554 00:34:05,600 --> 00:34:09,280 Speaker 1: letting Smilette off the hook, despite the woman's case being 555 00:34:09,440 --> 00:34:14,160 Speaker 1: quote a lot less egregious than Smolet's. Cook County Judge 556 00:34:14,160 --> 00:34:16,680 Speaker 1: Mark Martin presided over the case of twenty one year 557 00:34:16,680 --> 00:34:20,480 Speaker 1: old Candice Clark, who's facing a single felony count of 558 00:34:20,560 --> 00:34:25,280 Speaker 1: making a false police report. Transcripts show Martin slammed prosecutors 559 00:34:25,320 --> 00:34:27,680 Speaker 1: and said, and again, I quote here, I'd like to 560 00:34:27,719 --> 00:34:31,839 Speaker 1: know why miss Clark is being treated differently than Jesse Smilette. 561 00:34:31,880 --> 00:34:35,680 Speaker 1: It's a disorderly conduct case, a lot less egregious than 562 00:34:35,760 --> 00:34:38,680 Speaker 1: mister Smilette's case, I have a problem with it, and 563 00:34:38,760 --> 00:34:43,000 Speaker 1: it's very interesting what Candice Clark herself added, saying, I'm 564 00:34:43,040 --> 00:34:46,800 Speaker 1: not Jesse Smilette. I wish I was, but it's okay. 565 00:34:46,920 --> 00:34:49,719 Speaker 1: I'll get my justice. Take a listen to the Chicago 566 00:34:49,719 --> 00:34:53,040 Speaker 1: Police chief as he responds. As I look out into 567 00:34:53,080 --> 00:34:56,279 Speaker 1: the crowd, I just wish that the family's a gun 568 00:34:56,440 --> 00:34:59,919 Speaker 1: violence in this city got this much attention, because that's 569 00:35:00,000 --> 00:35:02,640 Speaker 1: who really deserves the amount of intention that we're giving 570 00:35:02,960 --> 00:35:07,680 Speaker 1: to this particular incident. But this morning, I come to 571 00:35:07,760 --> 00:35:10,880 Speaker 1: you not only as the superintendent of the Chicago Police Department, 572 00:35:11,680 --> 00:35:14,120 Speaker 1: but also as a black man who spent his entire 573 00:35:14,200 --> 00:35:17,960 Speaker 1: life living in the city of Chicago. I know the 574 00:35:18,040 --> 00:35:21,879 Speaker 1: racial divide that exists here. I know how hard it's 575 00:35:21,920 --> 00:35:24,720 Speaker 1: been for our city and our nation to come together, 576 00:35:25,360 --> 00:35:28,360 Speaker 1: and I also know the disparities, and I know the history. 577 00:35:29,719 --> 00:35:35,759 Speaker 1: This announcement today recognizes that Empire actor Jesse Smilett took 578 00:35:35,760 --> 00:35:39,360 Speaker 1: advantage of the pain and anger of racism to promote 579 00:35:39,360 --> 00:35:44,520 Speaker 1: his career. I'm left hanging my head and asking why 580 00:35:45,360 --> 00:35:49,120 Speaker 1: why would anyone, especially an African American man, use the 581 00:35:49,200 --> 00:35:55,439 Speaker 1: symbolism of a noose to make false accusations. How could 582 00:35:55,520 --> 00:35:59,600 Speaker 1: someone look at the hatred and suffering associated with that 583 00:36:00,560 --> 00:36:04,160 Speaker 1: and see an opportunity to manipulate that symbol to further 584 00:36:04,320 --> 00:36:09,440 Speaker 1: his own public profile. How can an individual who's been 585 00:36:09,440 --> 00:36:12,760 Speaker 1: embraced by the city of Chicago turn around and slap 586 00:36:12,800 --> 00:36:16,120 Speaker 1: everyone in this city in the face by making these 587 00:36:16,160 --> 00:36:23,279 Speaker 1: false chart claims Augus police reports calls real harm. They 588 00:36:23,320 --> 00:36:26,520 Speaker 1: do harm to every legitimate victim who's in need of 589 00:36:26,560 --> 00:36:30,680 Speaker 1: support by police and investigators, as well as the citizens 590 00:36:30,680 --> 00:36:34,000 Speaker 1: of this city. We wait as justice unfolds. Nancy Grace 591 00:36:34,200 --> 00:36:36,439 Speaker 1: Harm Stores, signing off Goodbye Roone