1 00:00:00,880 --> 00:00:02,559 Speaker 1: Crime Stories with Nancy Grace. 2 00:00:07,440 --> 00:00:13,240 Speaker 2: A beautiful young nursing student sex assaulted and murdered by 3 00:00:13,280 --> 00:00:19,720 Speaker 2: an illegal immigrant, A migrant here in the US, of course, 4 00:00:19,840 --> 00:00:27,440 Speaker 2: I'm talking about lacan Riley. Her trial tore apart the 5 00:00:27,480 --> 00:00:33,680 Speaker 2: local community and her family, causing a reverberation across our 6 00:00:33,840 --> 00:00:38,560 Speaker 2: country in the last days of bombshell development. I'm Nancy Grace. 7 00:00:38,680 --> 00:00:41,480 Speaker 2: This is crime Stories. Thank you for being with us 8 00:00:42,280 --> 00:00:48,040 Speaker 2: in the last days. Congress passes the lacan Riley Act, 9 00:00:48,479 --> 00:00:54,400 Speaker 2: requiring undocumented immigrants arrested for theft or violent crimes to 10 00:00:54,480 --> 00:00:59,840 Speaker 2: be held behind bars pending trial. It was a House 11 00:00:59,840 --> 00:01:02,760 Speaker 2: of vote by two hundred sixty three to one hundred 12 00:01:02,760 --> 00:01:06,640 Speaker 2: and fifty six. Who wouldn't want that? Now the White 13 00:01:06,680 --> 00:01:08,680 Speaker 2: House signed into law. 14 00:01:09,400 --> 00:01:12,120 Speaker 1: Why why this bill? 15 00:01:12,760 --> 00:01:17,560 Speaker 2: Because the purp convicted of murdering Laken had been arrested 16 00:01:17,640 --> 00:01:22,600 Speaker 2: twice in New York and in Georgia just months before 17 00:01:22,959 --> 00:01:28,280 Speaker 2: the killing, but in both cases was released ahead of trial. 18 00:01:29,640 --> 00:01:33,080 Speaker 2: If he had not been released, lacn would be alive today. 19 00:01:34,280 --> 00:01:40,600 Speaker 2: What happened in Lacin's case, Uga co ed Lacn Riley 20 00:01:40,959 --> 00:01:47,400 Speaker 2: out for a morning jog. This after murdered Lacoln's mother's 21 00:01:47,640 --> 00:01:55,200 Speaker 2: frantic text to her just before her daughter's body found brutalized. 22 00:01:56,400 --> 00:01:59,640 Speaker 1: And what is the text says? Good morning about to 23 00:01:59,720 --> 00:02:00,480 Speaker 1: know run? 24 00:02:01,640 --> 00:02:04,800 Speaker 3: Did you agree your daughter and did she in fact 25 00:02:04,800 --> 00:02:05,440 Speaker 3: call her mother? 26 00:02:05,760 --> 00:02:06,080 Speaker 4: She did? 27 00:02:06,200 --> 00:02:11,639 Speaker 2: A stunning verdict in an Athens, Georgia courtroom illegal immigrant 28 00:02:11,760 --> 00:02:18,280 Speaker 2: migrant worker Jose Ebara guilty and the brutal murder of 29 00:02:18,400 --> 00:02:22,120 Speaker 2: a gorgeous young Deans student. 30 00:02:22,600 --> 00:02:24,799 Speaker 1: Lake and Riley with me an all star penalty. 31 00:02:24,800 --> 00:02:28,399 Speaker 2: To make sense of what we are hearing straight out 32 00:02:28,440 --> 00:02:32,280 Speaker 2: to Dave mac joining us at the courthouse. You know, 33 00:02:32,400 --> 00:02:36,400 Speaker 2: Dave mac, as the defense put up a semblance of 34 00:02:36,440 --> 00:02:39,960 Speaker 2: a case, it almost seemed to me as if they 35 00:02:40,000 --> 00:02:42,799 Speaker 2: weren't really trying or Dave, is it a matter of 36 00:02:42,840 --> 00:02:45,240 Speaker 2: the fact they didn't have that much to work with. 37 00:02:45,440 --> 00:02:47,440 Speaker 5: I think they didn't have that much to work with, Nancy, 38 00:02:47,520 --> 00:02:50,840 Speaker 5: and they were trying to point the finger at jose 39 00:02:50,960 --> 00:02:54,360 Speaker 5: Ivar's brother, Diego in particular, and that was what the 40 00:02:54,400 --> 00:02:56,600 Speaker 5: whole point of their defense was going to be. Because 41 00:02:56,639 --> 00:02:59,880 Speaker 5: they didn't have anything else but last minute stuff. They 42 00:03:00,080 --> 00:03:02,360 Speaker 5: planned to call Diego and their other brother to the 43 00:03:02,440 --> 00:03:04,320 Speaker 5: stand as part of their defense. 44 00:03:04,040 --> 00:03:05,280 Speaker 6: Testimony, didn't do it. 45 00:03:05,440 --> 00:03:08,720 Speaker 5: They actually presented some things to the judge and then 46 00:03:08,760 --> 00:03:12,640 Speaker 5: decided not to call Joseevara's brothers as part of this case. 47 00:03:12,760 --> 00:03:16,520 Speaker 2: Yeah, and I think I know why, joining me, founder 48 00:03:16,520 --> 00:03:20,520 Speaker 2: director of Cold Case Research Institute, star of Zone seven podcast, 49 00:03:20,639 --> 00:03:23,400 Speaker 2: Cheryl McCollum, I think you and I know why Diego 50 00:03:23,480 --> 00:03:25,200 Speaker 2: Ebarra didn't take the stand. 51 00:03:25,440 --> 00:03:29,360 Speaker 7: Absolutely, he's a known gang member. He is a criminal, 52 00:03:29,720 --> 00:03:32,920 Speaker 7: and there's nothing he could say that can help his 53 00:03:33,040 --> 00:03:36,520 Speaker 7: brother unless he got himself into con trouble. Line to the. 54 00:03:36,440 --> 00:03:40,560 Speaker 2: Court, what a day in an American courtroom, A case 55 00:03:40,800 --> 00:03:46,000 Speaker 2: that stunned the nation in its brutality comes to a 56 00:03:46,080 --> 00:03:51,400 Speaker 2: close straight out to Philip Dubay joining us high profile 57 00:03:51,480 --> 00:03:55,800 Speaker 2: lawyer in the LA County Public Defender's office. Of course, 58 00:03:56,000 --> 00:03:59,600 Speaker 2: diego Ebarra, which is really where the defense had hung 59 00:03:59,640 --> 00:04:02,640 Speaker 2: its hat, was not going to come in and jeopardize 60 00:04:02,680 --> 00:04:04,240 Speaker 2: himself by saying what I did. 61 00:04:04,280 --> 00:04:05,920 Speaker 1: It Well, a couple of problems. 62 00:04:05,960 --> 00:04:09,120 Speaker 8: First of all, I believe the prosecution violated due process. 63 00:04:09,680 --> 00:04:13,960 Speaker 8: They should have never presented that third party culprit defense 64 00:04:14,080 --> 00:04:17,479 Speaker 8: in its case. In chief, the prosecution has to build 65 00:04:17,480 --> 00:04:21,200 Speaker 8: its case completely independent of the defense case and by 66 00:04:21,320 --> 00:04:24,839 Speaker 8: hijacking that defense and building into its case and chief 67 00:04:25,320 --> 00:04:29,880 Speaker 8: is illegal. And the reason why is that the defense? 68 00:04:29,960 --> 00:04:32,560 Speaker 2: Oh sorry, I go asleep. Why didn't they call diego 69 00:04:32,600 --> 00:04:36,000 Speaker 2: Ebara to the stand? Nutshell, we're playing ping pong? 70 00:04:36,320 --> 00:04:39,520 Speaker 8: Not yes, because they would not immunize him should he 71 00:04:39,600 --> 00:04:42,000 Speaker 8: say something incriminating. 72 00:04:41,600 --> 00:04:44,240 Speaker 1: And I believe he means that I did it. 73 00:04:44,440 --> 00:04:47,520 Speaker 8: No, I mean what if, hypothetically he said something that 74 00:04:47,560 --> 00:04:51,440 Speaker 8: could be contorted and twisted into a tacit admission. What 75 00:04:51,480 --> 00:04:55,640 Speaker 8: protection does the young man have. He's already an immigration jeopardy, 76 00:04:55,680 --> 00:04:57,919 Speaker 8: having to go back to a country where we have 77 00:04:58,040 --> 00:05:02,440 Speaker 8: no diplomatic relations, going to do anything to compromise his status, 78 00:05:02,600 --> 00:05:03,640 Speaker 8: let alone go to prisons. 79 00:05:03,680 --> 00:05:09,240 Speaker 2: Okay, you know what, Cheryl McCollum, you're not a lawyer, 80 00:05:09,360 --> 00:05:12,760 Speaker 2: much less a high profile lawyer like Philip Debay, But 81 00:05:13,120 --> 00:05:15,040 Speaker 2: can you give it to me in a nutshell? 82 00:05:15,200 --> 00:05:16,320 Speaker 1: There's no way in. 83 00:05:16,560 --> 00:05:21,120 Speaker 2: H E double l that diego Ebara was going to 84 00:05:21,200 --> 00:05:24,599 Speaker 2: take the stand to defend his brother on a brutal 85 00:05:24,680 --> 00:05:28,279 Speaker 2: attempted rape and murder charge bludgeoning a co. 86 00:05:28,360 --> 00:05:32,159 Speaker 1: Ed dead with a rock. And what was he going 87 00:05:32,240 --> 00:05:33,440 Speaker 1: to say to save his brother? 88 00:05:33,760 --> 00:05:35,919 Speaker 2: Yeah, you got the wrong guy, I really did it. 89 00:05:36,120 --> 00:05:38,599 Speaker 7: Zero chance he was ever going to take the stand. 90 00:05:39,279 --> 00:05:43,440 Speaker 7: Anything that he says can and will be used against them. 91 00:05:43,800 --> 00:05:47,000 Speaker 7: While he's sitting there, what was he going to say, Yes, 92 00:05:47,080 --> 00:05:49,640 Speaker 7: that's my hat, Yes, I was wearing it the day 93 00:05:49,720 --> 00:05:56,040 Speaker 7: she was murdered. He cannot say anything truthfully that can 94 00:05:56,160 --> 00:06:01,400 Speaker 7: help his brother. His brother is own video falcon being 95 00:06:01,440 --> 00:06:05,400 Speaker 7: a predator hunting for a victim, his own video walking 96 00:06:05,480 --> 00:06:09,240 Speaker 7: to the path where he attacked lake and Riley, then 97 00:06:09,320 --> 00:06:14,040 Speaker 7: his own video discarding bloody clothing that has his DNA 98 00:06:14,760 --> 00:06:19,919 Speaker 7: and Lakeland together them. His fingerprint is on her cell phone. 99 00:06:20,200 --> 00:06:25,400 Speaker 7: His brother, Diego could say nothing to help Jove. Nothing. 100 00:06:25,560 --> 00:06:29,080 Speaker 2: And in one more twist, Cheryl McCollum, if the brother, 101 00:06:29,200 --> 00:06:31,679 Speaker 2: Diego Ebarro had taken the stand, and there was quite 102 00:06:31,680 --> 00:06:35,400 Speaker 2: a courtroom skirmish over whether he would take the stand, 103 00:06:35,800 --> 00:06:39,720 Speaker 2: whatever he said, even if he took responsibility, even if 104 00:06:39,720 --> 00:06:42,719 Speaker 2: he tried to give his brother an alibi, would subject 105 00:06:42,760 --> 00:06:46,360 Speaker 2: him to perjury charges. Look, he would get He's going 106 00:06:46,400 --> 00:06:50,560 Speaker 2: to get deported anyway, much less taking the stand and lying. Now, 107 00:06:50,680 --> 00:06:54,120 Speaker 2: remember this was a bench trial. This has been a 108 00:06:54,160 --> 00:06:56,479 Speaker 2: best trial from the get go, with the defense wanted 109 00:06:56,480 --> 00:06:58,960 Speaker 2: to have the case heard before a judge and not 110 00:06:59,240 --> 00:07:03,080 Speaker 2: a jury. So throughout this entire trial we have seen 111 00:07:03,160 --> 00:07:09,640 Speaker 2: great deference given to lacln Riley's family. Now this judge, 112 00:07:09,680 --> 00:07:12,640 Speaker 2: remember as he's looking out at the family, he had 113 00:07:12,680 --> 00:07:13,640 Speaker 2: to render a. 114 00:07:14,000 --> 00:07:18,280 Speaker 1: Verdict and sentencing after this. Listen. 115 00:07:18,840 --> 00:07:23,440 Speaker 9: In shocking testimony, University of Georgia police Sergeant Sophie Rabout 116 00:07:23,760 --> 00:07:27,400 Speaker 9: recounts the last moments of Lake and Riley's life, breaking 117 00:07:27,440 --> 00:07:30,760 Speaker 9: down the minutes into a timeline. Preparing for the last 118 00:07:30,840 --> 00:07:33,520 Speaker 9: jog of her life, Lake and Riley reaches out to 119 00:07:33,560 --> 00:07:36,600 Speaker 9: her mother by text at a fifty five am, asking 120 00:07:36,680 --> 00:07:39,400 Speaker 9: if she's free to talk. At nine oh three am, 121 00:07:39,680 --> 00:07:42,800 Speaker 9: Riley calls her mother. Leake and Riley then listens to 122 00:07:42,920 --> 00:07:45,440 Speaker 9: music and is seen on a trail camera At nine 123 00:07:45,440 --> 00:07:48,960 Speaker 9: oh five am. She carries her iPhone in her left hand, 124 00:07:49,040 --> 00:07:52,200 Speaker 9: which is facing toward the intramur fields. At nine oh 125 00:07:52,240 --> 00:07:55,080 Speaker 9: six am, Lake and Riley runs out of view of 126 00:07:55,120 --> 00:07:55,640 Speaker 9: the camera. 127 00:07:55,920 --> 00:08:01,480 Speaker 2: Now this testimony regarding the final texts sent by Lacan 128 00:08:01,560 --> 00:08:05,360 Speaker 2: to her mother. Her mother in court throughout the trial 129 00:08:05,640 --> 00:08:10,120 Speaker 2: sobbing at the memory of those texts, and then mom 130 00:08:10,560 --> 00:08:12,320 Speaker 2: tries to call back. 131 00:08:12,440 --> 00:08:15,840 Speaker 10: Listen data collected from the Garmin watch Lake and Riley 132 00:08:15,960 --> 00:08:18,880 Speaker 10: was wearing on her jog. Her heart was no longer 133 00:08:18,920 --> 00:08:22,200 Speaker 10: beating at nine twenty eight am. She does not reply 134 00:08:22,320 --> 00:08:25,280 Speaker 10: to her mother's text at nine thirty eight am and 135 00:08:25,360 --> 00:08:29,040 Speaker 10: fails to answer phone calls. Her mother sends another text 136 00:08:29,120 --> 00:08:32,360 Speaker 10: at nine fifty eight am. You're making me nervous, not 137 00:08:32,480 --> 00:08:33,800 Speaker 10: answering when you're out running. 138 00:08:34,080 --> 00:08:34,800 Speaker 1: Are you okay? 139 00:08:35,320 --> 00:08:38,280 Speaker 10: And another text from her mother at eleven forty seven am, 140 00:08:38,320 --> 00:08:41,520 Speaker 10: pleading please call me. I'm worried sick about you. 141 00:08:41,200 --> 00:08:41,440 Speaker 4: You know. 142 00:08:41,679 --> 00:08:46,680 Speaker 2: To Scott Iiker joining us founding member of the FBI's 143 00:08:47,080 --> 00:08:53,040 Speaker 2: Cellular Analysis Survey Team. Scott can be found at PCA 144 00:08:53,280 --> 00:08:57,080 Speaker 2: Experts dot com. Scott, I know you deal with data. 145 00:08:57,520 --> 00:09:02,280 Speaker 2: You deal with satellites and raw digital and sell data 146 00:09:02,360 --> 00:09:07,360 Speaker 2: every day of your life. Amazing that you're a founding 147 00:09:07,440 --> 00:09:14,199 Speaker 2: member of the FBI Sell Analysis Team Cellular Analysis. How 148 00:09:14,240 --> 00:09:18,880 Speaker 2: does it feel you have been analyzing the digital facts 149 00:09:18,880 --> 00:09:21,960 Speaker 2: that we know so far, the data that came forward 150 00:09:22,040 --> 00:09:25,520 Speaker 2: at trial, but to hear it put in such human terms. 151 00:09:25,840 --> 00:09:30,480 Speaker 2: For instance, her Garmin watch shows her heart stopped beating 152 00:09:30,840 --> 00:09:37,040 Speaker 2: at nine twenty eight She's texting her mother trying to 153 00:09:37,120 --> 00:09:41,080 Speaker 2: reach her mom, trying to call her at nine three. 154 00:09:41,200 --> 00:09:47,280 Speaker 2: By nine twenty eight, she's dead in twenty five minutes. 155 00:09:47,920 --> 00:09:53,840 Speaker 2: By nine fifty eight, her mother is sending repeated texts, 156 00:09:54,080 --> 00:09:57,800 Speaker 2: you're making me nervous. You're not answering when you're out running, 157 00:09:57,840 --> 00:10:01,600 Speaker 2: are you okay. It's almost as if the mom had 158 00:10:02,240 --> 00:10:08,520 Speaker 2: a foreboding premonition, and it's all proven through sale data analysis. 159 00:10:08,520 --> 00:10:09,760 Speaker 1: Scott, I agree. 160 00:10:09,800 --> 00:10:12,640 Speaker 11: This information that you can click from not only the 161 00:10:12,720 --> 00:10:16,520 Speaker 11: cell phone, the victim's cell phone, but the defended cell 162 00:10:16,559 --> 00:10:19,200 Speaker 11: phone and the garment watch really puts it all together. 163 00:10:19,640 --> 00:10:23,240 Speaker 11: It was fantastic how the cast agent that testified in 164 00:10:23,280 --> 00:10:28,720 Speaker 11: this case and the officers that downloaded the garment information, 165 00:10:28,840 --> 00:10:32,360 Speaker 11: they put it all together in this presentation that really 166 00:10:32,360 --> 00:10:35,880 Speaker 11: did show the judge that this information showed that the 167 00:10:35,880 --> 00:10:39,160 Speaker 11: defendant's phone and the victim's phone were in the same 168 00:10:39,320 --> 00:10:42,040 Speaker 11: area at the time of her death, at the time 169 00:10:42,080 --> 00:10:47,000 Speaker 11: of her heart stopped stopped beating. It's sad, but it's 170 00:10:47,080 --> 00:10:50,160 Speaker 11: fantastic when we can get this information together at all 171 00:10:50,160 --> 00:10:51,120 Speaker 11: at once, and. 172 00:10:51,120 --> 00:10:57,720 Speaker 2: The defense actually brings forward a witness suggesting that it 173 00:10:57,760 --> 00:11:03,880 Speaker 2: was another trail gooer that could have murdered lacan but 174 00:11:04,080 --> 00:11:07,400 Speaker 2: the poignant nature of the video you're seeing right now, 175 00:11:08,240 --> 00:11:21,400 Speaker 2: no doubt, had a huge impact on the judge. 176 00:11:18,280 --> 00:11:25,720 Speaker 1: Crime stories with Nancy Grace in the last days. 177 00:11:25,760 --> 00:11:29,960 Speaker 2: The Lake and Riley Act approved by the House and 178 00:11:30,120 --> 00:11:35,000 Speaker 2: passed with bipartisan support the following Wednesday. 179 00:11:35,120 --> 00:11:36,880 Speaker 1: It requires the Department. 180 00:11:36,559 --> 00:11:40,040 Speaker 2: Of Homeland Security to detain migrants if they are charged 181 00:11:40,120 --> 00:11:45,280 Speaker 2: with certain criminal offenses like theft, shotlifting, burglary, assault against 182 00:11:45,360 --> 00:11:48,559 Speaker 2: law enforcement, or crimes that result in death or serious 183 00:11:48,640 --> 00:11:54,520 Speaker 2: bodily injury of another person. If the killer had been 184 00:11:54,559 --> 00:11:58,319 Speaker 2: detained in Lacoln's case, she would be alive today. See 185 00:11:58,360 --> 00:12:00,959 Speaker 2: doctor Angela Arnold joining us from down psychiatrist in the 186 00:12:01,000 --> 00:12:04,960 Speaker 2: Atlanta Jurisdiction at Angela Arnold MD dot com. The mother, 187 00:12:05,920 --> 00:12:10,200 Speaker 2: the whole family sitting in the well watching this trial 188 00:12:11,160 --> 00:12:15,800 Speaker 2: and they have to see Lacn's final moments and she 189 00:12:15,920 --> 00:12:19,360 Speaker 2: was out running free before. 190 00:12:19,040 --> 00:12:20,920 Speaker 1: She was so brutally murdered. 191 00:12:21,480 --> 00:12:24,880 Speaker 2: And Mom has to remember those moments we're talking about. 192 00:12:24,920 --> 00:12:27,520 Speaker 2: And the judge sees all of this happening, and he 193 00:12:27,640 --> 00:12:30,920 Speaker 2: knows what the evidence is. Mom has to sit there 194 00:12:31,160 --> 00:12:35,720 Speaker 2: and listen to the call where her daughter tried to 195 00:12:35,720 --> 00:12:38,040 Speaker 2: call her. The text where her daughter was texting her 196 00:12:38,920 --> 00:12:42,040 Speaker 2: her trying to call back those moments where she had 197 00:12:42,080 --> 00:12:46,360 Speaker 2: no idea Laken was already dead or was in the 198 00:12:46,400 --> 00:12:48,160 Speaker 2: middle of an attack. 199 00:12:48,360 --> 00:12:51,480 Speaker 3: Nancy, I am not sure that this is something that 200 00:12:51,600 --> 00:12:54,160 Speaker 3: the mother will ever be able to recover from. This 201 00:12:54,920 --> 00:12:57,920 Speaker 3: is a trauma that she has suffered, and anyone who 202 00:12:58,000 --> 00:13:00,840 Speaker 3: is a mother, I'm sure is feeling the exact same 203 00:13:00,880 --> 00:13:05,719 Speaker 3: way about this. How unsafe, how unsafe somebody can be 204 00:13:05,840 --> 00:13:09,720 Speaker 3: just to go out on a run. I feel for 205 00:13:09,840 --> 00:13:14,240 Speaker 3: that mother from the bottom of my heart. Nancy, It's 206 00:13:14,280 --> 00:13:15,720 Speaker 3: a tragedy beyond belief. 207 00:13:15,920 --> 00:13:18,960 Speaker 2: Well another thing, doctor Angie, there is such a thing 208 00:13:19,040 --> 00:13:24,240 Speaker 2: as survivor guilt. The mom forever chastising herself, saying, oh, 209 00:13:24,320 --> 00:13:26,600 Speaker 2: what if I had called her and we had gotten 210 00:13:26,640 --> 00:13:28,560 Speaker 2: in a conversation. What if I had picked that phone 211 00:13:28,640 --> 00:13:31,280 Speaker 2: up or answered that text and we talked for ten minutes. 212 00:13:31,960 --> 00:13:35,400 Speaker 2: Would jose E Borrow have picked somebody else? I mean, 213 00:13:35,679 --> 00:13:39,040 Speaker 2: I've thought over and over in my mind for years. 214 00:13:39,640 --> 00:13:42,800 Speaker 2: What if I had kept Keith at the house at 215 00:13:42,800 --> 00:13:45,440 Speaker 2: my parents' house for twenty extra minutes the morning he left, 216 00:13:45,520 --> 00:13:47,040 Speaker 2: would it have made a difference. 217 00:13:47,280 --> 00:13:50,520 Speaker 1: I think it's so hard on the victims' families. 218 00:13:50,720 --> 00:13:54,200 Speaker 3: And I'm sure, Nancy, like you said, you're still thinking 219 00:13:54,240 --> 00:13:58,040 Speaker 3: about that, Nancy, how And there's certain. 220 00:13:57,880 --> 00:13:59,160 Speaker 1: Things we can't control. 221 00:14:00,160 --> 00:14:03,680 Speaker 3: The mother will think that forever, and yes, she will 222 00:14:03,760 --> 00:14:08,480 Speaker 3: have some form of survivor guilt on top of the traumatic, 223 00:14:09,240 --> 00:14:13,040 Speaker 3: the post traumatic stress disorder that this poor woman will suffer. 224 00:14:13,320 --> 00:14:16,840 Speaker 3: She will have nightmares, she will not be able to sleep, 225 00:14:17,160 --> 00:14:20,720 Speaker 3: She's going to see Laken, She's going to replay this 226 00:14:20,960 --> 00:14:26,880 Speaker 3: in her mind for years. It's a tragedy beyond belief. 227 00:14:27,120 --> 00:14:32,120 Speaker 2: I'm just looking at the video, Cheryl, and you and 228 00:14:32,200 --> 00:14:36,080 Speaker 2: I have walked the scene over and over and over 229 00:14:36,200 --> 00:14:40,400 Speaker 2: and traced her rout but looking at her as she 230 00:14:40,600 --> 00:14:49,400 Speaker 2: rounds that bend out just running, young, free as a bird, beautiful, 231 00:14:50,800 --> 00:14:56,080 Speaker 2: so full of vitality, so alive, and she runs and 232 00:14:56,160 --> 00:14:59,720 Speaker 2: runs and turns that corner, and you and I looking 233 00:14:59,760 --> 00:15:02,640 Speaker 2: at it, we know that corner and we know what 234 00:15:02,720 --> 00:15:03,400 Speaker 2: awaited her. 235 00:15:03,560 --> 00:15:07,040 Speaker 1: I mean, it's heartbreaking, it really is. 236 00:15:07,360 --> 00:15:10,840 Speaker 7: It's so heartbreaking, especially sitting in the courtroom with her mama, 237 00:15:11,360 --> 00:15:15,840 Speaker 7: and you know she's watching that just thinking, oh my god, 238 00:15:15,920 --> 00:15:18,760 Speaker 7: if I could stop her, if I could just make 239 00:15:18,880 --> 00:15:22,000 Speaker 7: her take a rite instead of a lipt, Nancy. You 240 00:15:22,080 --> 00:15:25,480 Speaker 7: and I know he was laying in wait. He had 241 00:15:25,480 --> 00:15:30,840 Speaker 7: already spent seventy three minutes looking for a victim, and 242 00:15:30,880 --> 00:15:35,840 Speaker 7: he lay in wait until Lakelands came up owning and 243 00:15:35,920 --> 00:15:39,920 Speaker 7: he brutally attacked her, beating her with a rock. 244 00:15:40,360 --> 00:15:43,720 Speaker 2: You know, Cheryl, how many times have you and I 245 00:15:43,800 --> 00:15:48,520 Speaker 2: cornered each other and shown each other pictures and videos. 246 00:15:50,000 --> 00:15:53,960 Speaker 2: I've looked at the twins videos throughout, you know, from 247 00:15:54,280 --> 00:15:59,280 Speaker 2: day one all the way through, and I kind of 248 00:15:59,320 --> 00:16:04,080 Speaker 2: relive it, relive that moment taking that video, seeing them 249 00:16:04,520 --> 00:16:09,360 Speaker 2: so young and happy and alive. And this video the 250 00:16:09,480 --> 00:16:11,920 Speaker 2: mom in court when she saw this, it was a 251 00:16:12,080 --> 00:16:13,360 Speaker 2: dagger to her heart. 252 00:16:13,440 --> 00:16:19,360 Speaker 7: Shehrrel It was gut wrenching to watch her. And you know, Nancy, again, 253 00:16:19,640 --> 00:16:23,800 Speaker 7: I think the prosecutor put it so beautifully today that 254 00:16:24,000 --> 00:16:29,360 Speaker 7: Lakeland she got him, she fought him, she put evidence 255 00:16:29,480 --> 00:16:34,320 Speaker 7: on his body, she got him. And Sheila al said 256 00:16:34,320 --> 00:16:38,160 Speaker 7: that she twisted a powerful knot that the defendant can't 257 00:16:38,200 --> 00:16:40,800 Speaker 7: get out of, and she's absolutely right. 258 00:16:40,960 --> 00:16:44,360 Speaker 2: Back to Dave Mack joining us outside the courtroom, Dave 259 00:16:44,480 --> 00:16:50,560 Speaker 2: mac threw out the state's closing argument as prosecutor Ross 260 00:16:50,600 --> 00:16:56,200 Speaker 2: went through the evidence to the judge, Lincoln's mother just 261 00:16:57,440 --> 00:17:04,880 Speaker 2: she just sobbed, just audibly sobbed. Anyone could hear it, 262 00:17:05,920 --> 00:17:09,240 Speaker 2: and it would be over my dead body if they 263 00:17:09,320 --> 00:17:13,000 Speaker 2: tried to silence her in that courtroom. And I don't 264 00:17:13,000 --> 00:17:15,080 Speaker 2: know if you noticed a bar acted like he didn't 265 00:17:15,080 --> 00:17:15,720 Speaker 2: hear anything. 266 00:17:15,920 --> 00:17:18,879 Speaker 5: He acts like he's in traffic court, Nancy. He doesn't 267 00:17:18,920 --> 00:17:21,199 Speaker 5: act like any of this matters to him, that he 268 00:17:21,240 --> 00:17:23,240 Speaker 5: is part of it at all. He actually is being 269 00:17:23,400 --> 00:17:26,600 Speaker 5: very disconnected is probably the best way to put it. 270 00:17:26,680 --> 00:17:28,720 Speaker 6: He just is totally not there. 271 00:17:29,160 --> 00:17:31,560 Speaker 5: And when you actually are laying out the facts of 272 00:17:31,600 --> 00:17:35,000 Speaker 5: this case, okay, there are no doubts. The closing argument 273 00:17:35,080 --> 00:17:37,479 Speaker 5: is just basically laying out the map. Here's what happened, 274 00:17:37,480 --> 00:17:40,080 Speaker 5: here's how we know he did it, and it's all there. 275 00:17:40,280 --> 00:17:42,680 Speaker 5: There's no way of looking at this any other way. 276 00:17:42,720 --> 00:17:44,480 Speaker 5: That's why there was a conclusion the way it was. 277 00:17:44,880 --> 00:17:47,119 Speaker 5: There was nothing else they could come up with in 278 00:17:47,200 --> 00:17:49,600 Speaker 5: terms of any kind of defense. You know, the only 279 00:17:49,640 --> 00:17:52,359 Speaker 5: defense they had, Nancy, was well it was his brother, 280 00:17:52,480 --> 00:17:55,280 Speaker 5: maybe his brother that was part of the rebuttal witness today, 281 00:17:55,320 --> 00:17:57,960 Speaker 5: you know, for the prosecution was to say Diego was 282 00:17:58,000 --> 00:18:00,359 Speaker 5: asleep nothing proves he was in a leave with the 283 00:18:00,440 --> 00:18:02,480 Speaker 5: time at gilling Abban Helen forty. 284 00:18:02,280 --> 00:18:05,600 Speaker 2: Seven am and coming text from her. 285 00:18:05,480 --> 00:18:06,840 Speaker 9: Mother said please call me. 286 00:18:07,280 --> 00:18:08,640 Speaker 1: I'm worried sick about you. 287 00:18:08,760 --> 00:18:12,400 Speaker 8: As that text spread, is not her pose of death. 288 00:18:12,400 --> 00:18:15,720 Speaker 2: Is decombined effects of force, head trauma and asphyxia. 289 00:18:16,720 --> 00:18:18,840 Speaker 1: What's her manner of the homicide? 290 00:18:19,680 --> 00:18:25,960 Speaker 2: Oh, blunt force trauma with a rock still covered in 291 00:18:26,080 --> 00:18:27,480 Speaker 2: Lacan's blood. 292 00:18:27,280 --> 00:18:29,560 Speaker 1: And heir and asphyxia. 293 00:18:29,640 --> 00:18:33,800 Speaker 2: You were just hearing doctor Michelle DeMarco, the medical examiner 294 00:18:33,800 --> 00:18:37,880 Speaker 2: that testified for the state. That is just one piece 295 00:18:37,920 --> 00:18:42,880 Speaker 2: of evidence that weighed into the judge's finding of guilty 296 00:18:43,160 --> 00:18:49,240 Speaker 2: Jose Ebarra guilty and the murder of this beautiful young 297 00:18:49,320 --> 00:18:53,280 Speaker 2: co Ed lacoln Riley. In the opening statements, so we 298 00:18:53,359 --> 00:18:57,159 Speaker 2: heard Prosecutor Ross state that Ibarra was out hunting, hunting 299 00:18:57,200 --> 00:19:01,639 Speaker 2: for a woman, and he lay in wait, waiting for 300 00:19:01,760 --> 00:19:02,920 Speaker 2: a victim to go by. 301 00:19:03,160 --> 00:19:07,240 Speaker 1: And here comes Lake and Wright look at. 302 00:19:07,160 --> 00:19:15,680 Speaker 2: Him hiding, hiding in the bushes amongst the trees, just waiting. 303 00:19:16,240 --> 00:19:19,240 Speaker 1: What was going through his mind? Do I know? 304 00:19:19,680 --> 00:19:19,760 Speaker 5: No? 305 00:19:20,160 --> 00:19:20,840 Speaker 1: Do I care? 306 00:19:21,280 --> 00:19:21,320 Speaker 12: No? 307 00:19:21,960 --> 00:19:24,320 Speaker 2: I don't have to go into the mind of a killer, 308 00:19:24,600 --> 00:19:27,080 Speaker 2: and would be rapist and figure out what he's thinking. 309 00:19:27,160 --> 00:19:29,160 Speaker 1: But look at him, look at. 310 00:19:29,119 --> 00:19:35,000 Speaker 2: Him pacing, waiting for a victim to come by, And 311 00:19:35,720 --> 00:19:40,600 Speaker 2: she did. But this victim, as Prosecutor ros said, refused 312 00:19:40,640 --> 00:19:46,040 Speaker 2: to be his rape victim, and she fought tooth and nail, 313 00:19:46,560 --> 00:19:54,080 Speaker 2: providing the state with valuable and probative evidence. In the charges, 314 00:19:54,440 --> 00:19:59,240 Speaker 2: we see a assault with intent to rape. The defendant 315 00:19:59,320 --> 00:20:02,600 Speaker 2: Ebara was indicted. I have the indictment right here in 316 00:20:02,640 --> 00:20:07,080 Speaker 2: my hand with ten counts. In addition to malice murder 317 00:20:07,160 --> 00:20:11,640 Speaker 2: charges that means intent to kill is shown, there are 318 00:20:11,720 --> 00:20:16,040 Speaker 2: felony murder charges, which means a death occurred during the 319 00:20:16,040 --> 00:20:19,439 Speaker 2: commission of a felony. Now, what did the state offer 320 00:20:19,680 --> 00:20:25,720 Speaker 2: to support a guilty verdict for attempted rape which proves 321 00:20:25,720 --> 00:20:26,400 Speaker 2: felony murder? 322 00:20:26,480 --> 00:20:27,760 Speaker 1: Listen, even waste. 323 00:20:27,600 --> 00:20:31,560 Speaker 4: Stand her pants had been moved to the backside of 324 00:20:31,560 --> 00:20:35,159 Speaker 4: her running pants were pulled down, exposing the top of 325 00:20:35,160 --> 00:20:35,840 Speaker 4: her buddocks. 326 00:20:36,119 --> 00:20:39,560 Speaker 2: Joining us at the courthouse, crime online dot COM's investigative 327 00:20:39,560 --> 00:20:43,240 Speaker 2: reporter Dave mac Dave uh oh, by the way. 328 00:20:43,119 --> 00:20:44,600 Speaker 1: You were just hearing that from our friends at the 329 00:20:44,680 --> 00:20:45,200 Speaker 1: national desk. 330 00:20:45,240 --> 00:20:50,040 Speaker 2: That was trial testimony from Special Agency Lucas Bayer, Dave 331 00:20:50,119 --> 00:20:55,119 Speaker 2: mac Lucas buyer home run home run for the state. 332 00:20:56,240 --> 00:21:00,400 Speaker 2: Did you hear that testimony you've been in court where 333 00:21:00,440 --> 00:21:05,119 Speaker 2: he describes how her waistband, the backside of her pants 334 00:21:05,119 --> 00:21:09,520 Speaker 2: were pulled down over her career end, and of course 335 00:21:09,520 --> 00:21:12,879 Speaker 2: she was left exposed that way. I mean, why else 336 00:21:13,560 --> 00:21:16,080 Speaker 2: would Ibarra be pull trying to pull her pants off 337 00:21:16,200 --> 00:21:17,760 Speaker 2: if he wasn't trying to rape her. 338 00:21:17,880 --> 00:21:19,879 Speaker 6: That was the whole point he was making. Nancy. You know, 339 00:21:20,520 --> 00:21:22,560 Speaker 6: Lucas Bayer was such a good witness. 340 00:21:22,560 --> 00:21:25,240 Speaker 5: They even brought him back as the rebundal witness after 341 00:21:25,320 --> 00:21:28,439 Speaker 5: the defense closing because they were trying to point the 342 00:21:28,760 --> 00:21:31,879 Speaker 5: arrow at Diego at Ibarra, you know, and it was 343 00:21:32,000 --> 00:21:34,720 Speaker 5: Lucas Bayer they brought back to the stand. Is that 344 00:21:34,840 --> 00:21:38,440 Speaker 5: there's no evidence that Diego was anywhere other than in 345 00:21:38,560 --> 00:21:39,200 Speaker 5: bed sleep. 346 00:21:39,359 --> 00:21:40,760 Speaker 1: And there is more. 347 00:21:40,920 --> 00:21:47,320 Speaker 4: Listen, the clothing was pulled up extremely high aboff her breasts, 348 00:21:47,320 --> 00:21:49,040 Speaker 4: which completely exposed her breasts. 349 00:21:49,400 --> 00:21:52,760 Speaker 2: In the last days, Congress passing the Lake and Riley 350 00:21:53,080 --> 00:22:00,680 Speaker 2: Act to keep undocumented immigrants behind bars in jail pending 351 00:22:01,240 --> 00:22:06,280 Speaker 2: their trial, allspurred by. 352 00:22:06,320 --> 00:22:08,640 Speaker 1: The Lacan Riley murderer. 353 00:22:09,560 --> 00:22:12,520 Speaker 2: I remember sitting in that courtroom hearing her mother sobbed 354 00:22:12,640 --> 00:22:17,080 Speaker 2: during testimony, and I'll never forget it, and with good reason. 355 00:22:17,680 --> 00:22:20,320 Speaker 1: The facts are horrific. 356 00:22:21,000 --> 00:22:24,920 Speaker 2: We've got an aggravated battery, which is beating her with 357 00:22:25,200 --> 00:22:29,119 Speaker 2: a rot in the head, but count three to support 358 00:22:29,200 --> 00:22:35,600 Speaker 2: a felony murder charge. The underlying felony is aggravated assault 359 00:22:35,640 --> 00:22:40,200 Speaker 2: with intent to rape. And you are hearing GBI special 360 00:22:40,240 --> 00:22:43,320 Speaker 2: Agent Lucas Bayer laying it out. 361 00:22:43,680 --> 00:22:45,720 Speaker 1: We got that from our friends at the National Desk. 362 00:22:45,800 --> 00:22:48,960 Speaker 2: I mean, Cheryl McCollum. Did you hear what he said last? 363 00:22:49,680 --> 00:22:53,800 Speaker 2: Her clothing was pulled up high up above up to 364 00:22:53,880 --> 00:22:56,399 Speaker 2: her neck as she was left that way with her 365 00:22:56,400 --> 00:22:57,320 Speaker 2: breasts exposed. 366 00:22:57,560 --> 00:23:01,600 Speaker 7: Nancy, three layers of clothing, her jacket, her shirt, her 367 00:23:01,640 --> 00:23:06,160 Speaker 7: sports bra were all moves above her breast to expose them. 368 00:23:06,560 --> 00:23:09,800 Speaker 7: Her pants had been pulled down, her underwear had been 369 00:23:09,840 --> 00:23:13,159 Speaker 7: pulled and torn. And I also want to remind you 370 00:23:13,280 --> 00:23:18,280 Speaker 7: one of the injuries that Lakelan Riley left on Joseabara 371 00:23:18,520 --> 00:23:22,000 Speaker 7: was between his shoulder base on his back, which he 372 00:23:22,080 --> 00:23:25,360 Speaker 7: didn't get running away. He got that because he was. 373 00:23:25,320 --> 00:23:28,680 Speaker 1: On top of her. And there's more. Listen to GBI 374 00:23:28,720 --> 00:23:29,880 Speaker 1: special agent Lucas buyer. 375 00:23:30,119 --> 00:23:34,000 Speaker 4: The sports braw had been manipulated so that had become 376 00:23:34,280 --> 00:23:36,080 Speaker 4: the outermost layer of her clothing. 377 00:23:36,440 --> 00:23:38,720 Speaker 1: Fire on the stand from our friends at the National. 378 00:23:38,400 --> 00:23:43,520 Speaker 2: Desk, Philip Dubay, high profile lawyer joining us out of 379 00:23:43,600 --> 00:23:47,160 Speaker 2: LA who has covered the case from the get go. Really, 380 00:23:48,040 --> 00:23:51,000 Speaker 2: you don't think is there any way with a straight 381 00:23:51,200 --> 00:23:54,840 Speaker 2: face debate, a straight face, that you could argue this 382 00:23:55,119 --> 00:23:59,280 Speaker 2: was not aggravated assault with the intent to rate because 383 00:23:59,320 --> 00:24:04,199 Speaker 2: in closing all arguments, the defense attorney argued earlierly this 384 00:24:04,320 --> 00:24:07,640 Speaker 2: morning that there was reasonable doubt. I don't see any 385 00:24:07,680 --> 00:24:10,520 Speaker 2: reasonable doubt there. The waistpin of her pants pulled down 386 00:24:10,680 --> 00:24:14,880 Speaker 2: over her rear end, her clothing yanked up around her neck. 387 00:24:15,080 --> 00:24:18,040 Speaker 2: She's left with her breast and rear end exposed, her 388 00:24:18,160 --> 00:24:20,960 Speaker 2: underwear torn, and the sports bra had been so. 389 00:24:21,080 --> 00:24:23,880 Speaker 1: Jerked around it was on the outside of her clothing. 390 00:24:24,040 --> 00:24:27,080 Speaker 8: Wrong place, wrong time. There were hundreds of people on 391 00:24:27,160 --> 00:24:29,639 Speaker 8: and off campus at the same time. What I think 392 00:24:29,880 --> 00:24:32,800 Speaker 8: would have been the appropriate argument would be to say 393 00:24:32,840 --> 00:24:35,280 Speaker 8: he happened upon the body already dead, and as a 394 00:24:35,280 --> 00:24:38,359 Speaker 8: crime of opportunity, he rifled through her things and he 395 00:24:38,480 --> 00:24:41,520 Speaker 8: tried to take advantage of the situation and is in 396 00:24:41,520 --> 00:24:45,040 Speaker 8: fact not the perpetrator, and in the process it was 397 00:24:45,160 --> 00:24:49,159 Speaker 8: transfer of DNA and the scratches are completely unrelated. The 398 00:24:49,240 --> 00:24:53,040 Speaker 8: DNA expert could not testify that the cells found under 399 00:24:53,040 --> 00:24:56,640 Speaker 8: her fingernails were not from transfer. He could have been 400 00:24:56,680 --> 00:24:59,760 Speaker 8: touching her hands, going through her purse, going through her pockets, 401 00:25:00,000 --> 00:25:02,919 Speaker 8: whatever she had on her and in the process touched 402 00:25:02,920 --> 00:25:07,320 Speaker 8: the phone. You have no eyewitness or video putting him 403 00:25:07,560 --> 00:25:10,600 Speaker 8: at the crime scene at the time. Instead, you have 404 00:25:10,760 --> 00:25:13,320 Speaker 8: him after the fact, wrong place and wrong time. 405 00:25:13,480 --> 00:25:17,320 Speaker 2: Well, thank Heaven, the judge did not listen to any 406 00:25:17,440 --> 00:25:21,800 Speaker 2: gibberish such as that, did you actually say maybe he 407 00:25:21,880 --> 00:25:22,919 Speaker 2: went through her things? 408 00:25:22,960 --> 00:25:26,119 Speaker 1: You mean her underwear, at her sports bra, those things 409 00:25:26,240 --> 00:25:27,000 Speaker 1: I'm talking about. 410 00:25:27,040 --> 00:25:30,080 Speaker 8: Whoever actually did it, and he happened upon it after 411 00:25:30,160 --> 00:25:32,919 Speaker 8: the fact and there was transfer. Look, you don't have 412 00:25:32,920 --> 00:25:35,800 Speaker 8: an eyewitness, you don't have video, you don't have anything else. 413 00:25:36,280 --> 00:25:39,000 Speaker 8: I'm not saying he's an angel, but he took advantage 414 00:25:39,040 --> 00:25:42,760 Speaker 8: of the situation. If that were to be believed, and 415 00:25:42,960 --> 00:25:46,160 Speaker 8: it doesn't necessarily prove a homicide, it certainly doesn't prove 416 00:25:46,160 --> 00:25:49,240 Speaker 8: a felony murder committed during the commission of a stalking. 417 00:25:49,760 --> 00:25:53,000 Speaker 8: I mean, under Georgia law, stocking is a misdemeanor, So 418 00:25:53,080 --> 00:25:54,119 Speaker 8: you don't even have anything. 419 00:25:54,240 --> 00:25:58,120 Speaker 2: We're talking about the attempted rape and we're talking about 420 00:25:58,160 --> 00:25:59,879 Speaker 2: attempted rape, not stalking. 421 00:26:00,560 --> 00:26:03,879 Speaker 13: Wait, you know what, what did lawyer. 422 00:26:04,280 --> 00:26:07,200 Speaker 2: I've tried so many trials I can't even count them all. 423 00:26:08,080 --> 00:26:12,000 Speaker 2: Don't try to confuse the charges. We're not talking about 424 00:26:12,000 --> 00:26:16,919 Speaker 2: a stalking charge. This is felony murder with the underlying 425 00:26:16,960 --> 00:26:19,439 Speaker 2: felony being attempted rape. 426 00:26:20,080 --> 00:26:23,840 Speaker 1: Isn't attempted rape a felony in LA. Of course it is, 427 00:26:24,080 --> 00:26:25,680 Speaker 1: of course it is. But what I don't know what 428 00:26:25,760 --> 00:26:26,960 Speaker 1: you're talking about stalking. 429 00:26:27,040 --> 00:26:29,760 Speaker 8: The allegation was that he was following and lying and 430 00:26:29,840 --> 00:26:32,480 Speaker 8: wait and hanging out and peeping through windows. 431 00:26:32,480 --> 00:26:34,040 Speaker 1: It says that's not an allegation. 432 00:26:34,119 --> 00:26:37,159 Speaker 2: That's what I'm arguing here, because I know that he 433 00:26:37,240 --> 00:26:38,800 Speaker 2: stood there for about an hour. 434 00:26:39,200 --> 00:26:42,560 Speaker 1: Cheryl McCollum, stalking is not part of this case. 435 00:26:42,560 --> 00:26:45,160 Speaker 2: That is not an indicted charge. But just to prove 436 00:26:45,200 --> 00:26:48,000 Speaker 2: Philip Dubay wrong, jump in Cheryl is. 437 00:26:48,080 --> 00:26:51,000 Speaker 7: He was not killing her. Why would he hang up 438 00:26:51,000 --> 00:26:54,040 Speaker 7: on now one one and throw the phone? He did 439 00:26:54,080 --> 00:26:57,920 Speaker 7: that because Lincoln knew she was in danger and when 440 00:26:57,920 --> 00:27:01,520 Speaker 7: she called now one one, he grabbed the phone, disengaged 441 00:27:01,560 --> 00:27:07,240 Speaker 7: that call and threw it away from her. Is fingerprint 442 00:27:07,640 --> 00:27:10,720 Speaker 7: was on the phone with her blood on it. 443 00:27:11,680 --> 00:27:37,639 Speaker 14: A holla, that's bodycam from the ug A p D 444 00:27:37,880 --> 00:27:40,680 Speaker 14: Sergeant Joshua EPs Hollah Alla. 445 00:27:40,680 --> 00:27:45,960 Speaker 2: Bammas could not wake him up, Cheryl McCollum. The judge 446 00:27:46,119 --> 00:27:51,560 Speaker 2: clearly believed the state's argument that after the murder of 447 00:27:51,760 --> 00:27:58,880 Speaker 2: Lake and Riley, beautiful young dazeless student, Jose Ebara had 448 00:27:58,920 --> 00:27:59,840 Speaker 2: a great night sleep. 449 00:28:00,080 --> 00:28:02,720 Speaker 1: In fact, the words were, he slept like a baby. 450 00:28:03,119 --> 00:28:07,520 Speaker 1: Did you look at this? They could hardly wake him up. 451 00:28:07,680 --> 00:28:10,919 Speaker 7: He was sound asleep to the point they could hardly 452 00:28:10,920 --> 00:28:14,600 Speaker 7: wake him up. And name the most just horrific part 453 00:28:14,600 --> 00:28:18,160 Speaker 7: of this whole thing is knowing her mama ain't fled 454 00:28:18,200 --> 00:28:21,440 Speaker 7: a full night since her baby was murdered. And this 455 00:28:21,560 --> 00:28:24,600 Speaker 7: man is going to walk out of that house, start 456 00:28:24,680 --> 00:28:29,320 Speaker 7: chatting among his friends and started laughing. And the judge 457 00:28:29,359 --> 00:28:30,480 Speaker 7: didn't miss that either. 458 00:28:30,600 --> 00:28:36,560 Speaker 2: In closing arguments, we heard the defense attorney arguing that 459 00:28:36,960 --> 00:28:41,280 Speaker 2: there were alternate theories as to what happened, one being 460 00:28:41,840 --> 00:28:46,959 Speaker 2: that the brothers Diego Ebar and Jose Ebara mingled co 461 00:28:47,120 --> 00:28:49,920 Speaker 2: mingled their clothing in the apartment, and we. 462 00:28:49,840 --> 00:28:51,120 Speaker 1: See that's absolutely true. 463 00:28:51,160 --> 00:28:56,640 Speaker 2: It's a big mess, and that somehow there was a 464 00:28:56,680 --> 00:29:02,600 Speaker 2: transference onto I guess she's trying to say diego Ebarra's close, 465 00:29:03,000 --> 00:29:06,520 Speaker 2: so therefore implicating diego Ebarra. 466 00:29:07,160 --> 00:29:11,920 Speaker 1: That's what was argued in the defense closing. 467 00:29:12,640 --> 00:29:46,360 Speaker 13: But listen to more of this bodycam footage. 468 00:29:47,520 --> 00:29:49,560 Speaker 2: We played that for you because there you can hear 469 00:29:49,640 --> 00:29:54,280 Speaker 2: more of the conversation by the uh PD sergeant Joshua 470 00:29:54,320 --> 00:29:59,000 Speaker 2: Epps telling him to come slowly. Uh Ebarra is starting 471 00:29:59,000 --> 00:30:02,840 Speaker 2: to walk further in the house and the officer chastises him. 472 00:30:02,840 --> 00:30:05,680 Speaker 2: At that point, Ybarra puts on his shoes and walks 473 00:30:05,800 --> 00:30:08,800 Speaker 2: out to doctor Angela Arnold, I think I need a 474 00:30:08,840 --> 00:30:09,640 Speaker 2: shrink right now. 475 00:30:09,840 --> 00:30:12,600 Speaker 1: For those of you just joining us Ibara guilty. 476 00:30:13,640 --> 00:30:16,000 Speaker 2: The judge had no other choice, and I think a 477 00:30:16,080 --> 00:30:19,960 Speaker 2: jury would have agreed as well, Doctor Angie Arnold, how 478 00:30:20,040 --> 00:30:22,680 Speaker 2: can you, according to the state now proven in a 479 00:30:22,720 --> 00:30:26,880 Speaker 2: court of law, brutally attempt to rape a young girl 480 00:30:27,120 --> 00:30:32,000 Speaker 2: jogging by wait in the woods for her, attack her, 481 00:30:33,360 --> 00:30:38,320 Speaker 2: murder her by bludgeting her with a rock and then 482 00:30:38,440 --> 00:30:42,640 Speaker 2: leaving her dead, bloody, her face is figured and her 483 00:30:42,640 --> 00:30:47,680 Speaker 2: private parts exposed, and then get a good night's. 484 00:30:47,400 --> 00:30:51,480 Speaker 3: Sleep, Because, Nancy, we are dealing with the severest of 485 00:30:51,640 --> 00:30:56,800 Speaker 3: a sociopath here. He has no conscience. Do you notice, however, 486 00:30:56,880 --> 00:31:00,320 Speaker 3: over the course of all of this, we have all 487 00:31:00,360 --> 00:31:03,800 Speaker 3: becomes so attached to Lake and Riley, haven't we. She's 488 00:31:03,880 --> 00:31:09,360 Speaker 3: a beautiful girl. She brings out feelings inside of us. 489 00:31:09,400 --> 00:31:11,640 Speaker 3: We all think of our own children when we look 490 00:31:11,680 --> 00:31:14,280 Speaker 3: at this beautiful girl and what happened to her. And 491 00:31:14,440 --> 00:31:20,760 Speaker 3: he sits in the courtroom with no emotion on his face, 492 00:31:21,200 --> 00:31:25,120 Speaker 3: because Nancy, he is a sociopath. And you know what 493 00:31:25,160 --> 00:31:28,280 Speaker 3: else that means, Nancy, I wish I could tell the 494 00:31:28,400 --> 00:31:33,480 Speaker 3: judge this. He is not capable of rehab. They need 495 00:31:33,520 --> 00:31:36,560 Speaker 3: to put him under the jail and pour some concrete 496 00:31:36,600 --> 00:31:40,120 Speaker 3: on him. There is no possibility of this person ever 497 00:31:40,280 --> 00:31:44,400 Speaker 3: being rehabilitated because there's nothing. 498 00:31:44,600 --> 00:31:45,960 Speaker 1: There's nothing to rehab. 499 00:31:46,320 --> 00:31:50,280 Speaker 3: He doesn't have any empathy, he doesn't feel any remorse. 500 00:31:57,240 --> 00:31:59,200 Speaker 1: Crime stories with Nancy Grace. 501 00:32:03,800 --> 00:32:08,680 Speaker 2: In the last days, a bill signed into law, all 502 00:32:09,600 --> 00:32:16,280 Speaker 2: motivated by the death the murder of a beautiful young 503 00:32:16,360 --> 00:32:22,120 Speaker 2: nursing student, Lake and Riley what went in to. 504 00:32:22,440 --> 00:32:24,800 Speaker 1: That guilty verdict finding. 505 00:32:25,320 --> 00:32:28,520 Speaker 2: You heard Philip debate earlier arguing it could have been 506 00:32:28,560 --> 00:32:29,440 Speaker 2: someone else. 507 00:32:29,200 --> 00:32:33,200 Speaker 1: And I want you to hear this and closing. 508 00:32:32,840 --> 00:32:37,640 Speaker 2: Arguments, the defense actually argued to the judge with a 509 00:32:37,680 --> 00:32:43,840 Speaker 2: straight face that Lake and Riley, the murder victim, should 510 00:32:43,880 --> 00:32:47,240 Speaker 2: have could have outrun jose Ebarra. 511 00:32:49,160 --> 00:32:50,880 Speaker 1: Why why is that relevant? 512 00:32:51,560 --> 00:32:58,040 Speaker 2: Because the defense Caitlin Beck, argued that jose Ebarra was 513 00:32:58,120 --> 00:33:03,720 Speaker 2: shorter end quote fatter than brother Diego. So I guess 514 00:33:03,760 --> 00:33:06,520 Speaker 2: she's arguing the killer had to be Diego, the brother 515 00:33:07,440 --> 00:33:09,080 Speaker 2: because he was taller and faster. 516 00:33:11,120 --> 00:33:15,000 Speaker 1: They actually argued that. But back to real evidence. 517 00:33:15,080 --> 00:33:19,440 Speaker 12: Listen, a match between the contact slobbings from the jacket 518 00:33:19,880 --> 00:33:24,040 Speaker 12: and jose Abara is approximately one hundred trillion times more 519 00:33:24,120 --> 00:33:27,160 Speaker 12: probable than a coincidental match to an unrelated person in 520 00:33:27,200 --> 00:33:27,880 Speaker 12: the population. 521 00:33:28,280 --> 00:33:29,960 Speaker 1: That from our friends at the National desk. 522 00:33:30,000 --> 00:33:34,480 Speaker 2: You are hearing the GBI Crime Lab analyst Ashley Hinkle, did. 523 00:33:34,320 --> 00:33:38,200 Speaker 1: You hear that dubet one hundred trillion times? 524 00:33:38,560 --> 00:33:40,560 Speaker 8: But you could not eliminate and it is a match. 525 00:33:40,760 --> 00:33:44,440 Speaker 8: She could not eliminate transfer Okay, problem, hold on, there 526 00:33:44,480 --> 00:33:44,960 Speaker 8: is a match. 527 00:33:45,640 --> 00:33:49,959 Speaker 2: I think I think that we can eliminate transfer because 528 00:33:50,360 --> 00:33:52,920 Speaker 2: Dave Mack joining us at the courthouse. Isn't it true 529 00:33:53,480 --> 00:33:59,920 Speaker 2: that video catches jose E Bara throwing that jacket. Not 530 00:34:00,160 --> 00:34:05,000 Speaker 2: Diego the brother, but jose Ebarra throwing that jacket into. 531 00:34:04,800 --> 00:34:05,680 Speaker 1: Up there he is. 532 00:34:06,320 --> 00:34:10,400 Speaker 2: That's the same shirt he was wearing one hour earlier, posting. 533 00:34:10,040 --> 00:34:11,439 Speaker 6: On Nancy what's happen? 534 00:34:12,840 --> 00:34:17,200 Speaker 5: Okay, the video of him throwing the jacket into the dumpster. 535 00:34:17,600 --> 00:34:20,600 Speaker 5: That is what they've used to say Diego is the killer, 536 00:34:20,640 --> 00:34:23,320 Speaker 5: because they said that one of the friends that actually 537 00:34:23,480 --> 00:34:26,400 Speaker 5: was interviewed by police said she thought it was Diego 538 00:34:26,440 --> 00:34:27,840 Speaker 5: throwing the jacket in the dunster. 539 00:34:28,040 --> 00:34:29,359 Speaker 6: Now she wasn't one hundred scent. 540 00:34:29,360 --> 00:34:32,520 Speaker 5: Sure, but a friend who knew them both much better said, no, 541 00:34:32,640 --> 00:34:33,080 Speaker 5: that's Jose. 542 00:34:33,719 --> 00:34:36,440 Speaker 6: So that's for the defense got. Their whole idea was 543 00:34:36,440 --> 00:34:39,240 Speaker 6: from the winds I think Diego throwing the jacket away. 544 00:34:39,560 --> 00:34:42,879 Speaker 5: The entire defense strategy came from that one comment from 545 00:34:42,920 --> 00:34:44,360 Speaker 5: somebody who was not even sure. 546 00:34:44,480 --> 00:34:48,520 Speaker 2: Okay, so to believe that, Dave Mack, I mean, I've 547 00:34:48,760 --> 00:34:52,000 Speaker 2: seen I was sitting in court when the state showed 548 00:34:52,040 --> 00:34:56,400 Speaker 2: the photo of jose Ebarra one hour before the murder 549 00:34:57,080 --> 00:35:02,359 Speaker 2: posting selfies wearing that exact shirt. I'd like to see 550 00:35:02,360 --> 00:35:05,680 Speaker 2: it because it has very unusual markings. 551 00:35:06,080 --> 00:35:09,600 Speaker 1: There is there. He is in the shirt one hour 552 00:35:09,680 --> 00:35:10,879 Speaker 1: later throwing the. 553 00:35:10,960 --> 00:35:15,520 Speaker 2: Jacket with a one hundred trillion likelihood DNA match. 554 00:35:16,200 --> 00:35:18,360 Speaker 1: So I don't know what Dube is talking about. 555 00:35:18,360 --> 00:35:22,960 Speaker 2: Transfer And listen about the fingernail clippings. 556 00:35:22,640 --> 00:35:26,360 Speaker 12: The DNA match between the wet rush swabbings from the 557 00:35:26,400 --> 00:35:30,560 Speaker 12: fingernail clippings from the right hand and the match was 558 00:35:30,600 --> 00:35:32,760 Speaker 12: to Jose Antonio. 559 00:35:32,200 --> 00:35:36,160 Speaker 2: Abara still Ashley Hinkle on the stand from our friends 560 00:35:36,160 --> 00:35:37,360 Speaker 2: at the National desk. 561 00:35:37,239 --> 00:35:40,920 Speaker 1: And there's more on the fingernail DNA match. 562 00:35:41,360 --> 00:35:44,960 Speaker 12: The match is ten billion times more probable than a 563 00:35:44,960 --> 00:35:48,080 Speaker 12: coincidental match to an unrelated person in the population. 564 00:35:48,520 --> 00:35:55,480 Speaker 2: Okay, Philip Dubay, ten billion likelihood, one hundred trillion likelihood. 565 00:35:55,800 --> 00:35:58,719 Speaker 2: There's no chance of the transfer because you just saw 566 00:35:58,920 --> 00:36:03,920 Speaker 2: Jose Ebarra throwing that jacket into the trash minutes after 567 00:36:04,400 --> 00:36:05,360 Speaker 2: Laken is killed. 568 00:36:05,680 --> 00:36:07,040 Speaker 1: So when's the transfer. 569 00:36:07,200 --> 00:36:10,120 Speaker 8: There's a difference between consciousness of guilt and throwing that 570 00:36:10,200 --> 00:36:14,040 Speaker 8: away and consciousness of fear. He obviously realized that there 571 00:36:14,080 --> 00:36:16,520 Speaker 8: was some type of zerological evidence on the jacket and 572 00:36:16,600 --> 00:36:18,920 Speaker 8: dumped it out of fear of being accused. 573 00:36:19,120 --> 00:36:19,920 Speaker 1: So he dumped it. 574 00:36:20,440 --> 00:36:23,480 Speaker 8: I mean, that's how I would have attacked it. It 575 00:36:23,520 --> 00:36:26,920 Speaker 8: doesn't necessarily mean just because biological evidence is on your 576 00:36:26,920 --> 00:36:29,400 Speaker 8: clothing that you're the culprit. We've seen this in history. 577 00:36:29,600 --> 00:36:31,160 Speaker 8: We saw it a few months ago out of the 578 00:36:31,200 --> 00:36:35,120 Speaker 8: Detroit murder where a well known Jewish community advocate was 579 00:36:35,200 --> 00:36:37,720 Speaker 8: murdered by knife in front of her home. The defendant 580 00:36:37,760 --> 00:36:40,799 Speaker 8: was caught on video outside of her home. He testified 581 00:36:41,000 --> 00:36:44,239 Speaker 8: he was acquitted. He said he touched her as an 582 00:36:44,280 --> 00:36:46,960 Speaker 8: afterthought to try to rifle through her belonging to see 583 00:36:47,000 --> 00:36:49,760 Speaker 8: what was happening. The jury believed him in this case, 584 00:36:50,160 --> 00:36:51,960 Speaker 8: the judge would not have believed him. 585 00:36:51,800 --> 00:36:56,280 Speaker 1: Speaking on fantastical arguments. The defense also argued. 586 00:36:55,960 --> 00:37:01,560 Speaker 2: That Jose Ebara was just an accomplice, that maybe two 587 00:37:01,640 --> 00:37:07,239 Speaker 2: men were involved in Lacln's murder and two rocks that 588 00:37:07,360 --> 00:37:10,560 Speaker 2: makes it so easy for the judge to find abora 589 00:37:10,880 --> 00:37:14,880 Speaker 2: guilty Joining me right now. A special guest, renowned medical 590 00:37:14,880 --> 00:37:19,800 Speaker 2: examiner doctor Kendall Crown's chief medical examiner, Terrence County, esteemed 591 00:37:19,920 --> 00:37:23,799 Speaker 2: lecturer at the Burnett School of Medicine, at TCU Dodger 592 00:37:23,880 --> 00:37:26,280 Speaker 2: Kendl Crowns. You and I have gone over and over 593 00:37:27,000 --> 00:37:28,960 Speaker 2: the autopsy evidence in this case. 594 00:37:29,600 --> 00:37:33,400 Speaker 1: Could you describe what happened to Laken? 595 00:37:33,640 --> 00:37:38,040 Speaker 15: Certainly so, she has blunt trauma to the head from 596 00:37:38,120 --> 00:37:40,480 Speaker 15: the rock that set the scene with the blood on it, 597 00:37:40,880 --> 00:37:43,719 Speaker 15: that has caused lacerations or kind of splitting of the 598 00:37:43,840 --> 00:37:46,560 Speaker 15: skin in a depressed skull fracture, which is kind of 599 00:37:46,600 --> 00:37:49,960 Speaker 15: pushing in of the skull itself from being struck over 600 00:37:50,000 --> 00:37:53,000 Speaker 15: and over and over with the rock. She also has 601 00:37:53,080 --> 00:37:56,960 Speaker 15: what they've described as a sixia. The medical examiner said 602 00:37:57,040 --> 00:38:00,640 Speaker 15: she had signs of a sixia at the auto That 603 00:38:00,719 --> 00:38:03,239 Speaker 15: can be particular hemorrhages of the eye, which are a 604 00:38:03,280 --> 00:38:07,520 Speaker 15: little bursting of the capillaries on your eye. It can 605 00:38:07,560 --> 00:38:11,839 Speaker 15: also be hemorrhages and the knuck musculature from a manual strangulation. 606 00:38:12,520 --> 00:38:17,680 Speaker 15: So probably she's strangled, wakes back up, annocks and then 607 00:38:18,920 --> 00:38:21,480 Speaker 15: beats her head in with a rock, or he hits 608 00:38:21,520 --> 00:38:25,360 Speaker 15: her with a rock, she passes out, he's trying to 609 00:38:25,640 --> 00:38:28,000 Speaker 15: rape her what she wakes back up and then he 610 00:38:28,080 --> 00:38:31,040 Speaker 15: strangles her. Either way, it's pretty bad. 611 00:38:31,160 --> 00:38:33,759 Speaker 2: Now. I always wondering Dubey we'll have a big fit 612 00:38:34,000 --> 00:38:37,799 Speaker 2: over this based on what doctor Kendall Crown's has just 613 00:38:37,920 --> 00:38:40,640 Speaker 2: told us, what Lincoln went through as she fought for 614 00:38:40,719 --> 00:38:46,680 Speaker 2: her life. Why the defendant didn't take the stand and testify. 615 00:38:46,800 --> 00:38:48,759 Speaker 1: Hey, if you're not guilty, where were you? What were 616 00:38:48,800 --> 00:38:55,040 Speaker 1: you doing? Listen? Sure do you want to testify? 617 00:38:52,800 --> 00:38:59,840 Speaker 2: And if you go no sense, I guess he didn't. 618 00:39:00,080 --> 00:39:02,240 Speaker 2: That's from our friends at the National Desk, Cheryl McCollum. 619 00:39:02,719 --> 00:39:06,040 Speaker 2: You just heard what doctor Kendall Craw's explained happened to 620 00:39:06,120 --> 00:39:14,080 Speaker 2: Lakan and her fight to live, How she was humiliated, attacked, brutalized, 621 00:39:14,280 --> 00:39:18,440 Speaker 2: her face disfigured. Did you really think Ebarra was going 622 00:39:18,480 --> 00:39:19,600 Speaker 2: to take the stand? 623 00:39:20,000 --> 00:39:23,640 Speaker 7: Not a shot? And I'll tell you something. We can 624 00:39:23,680 --> 00:39:26,880 Speaker 7: talk about her injuries, and those are vital. To understand 625 00:39:27,600 --> 00:39:29,840 Speaker 7: that the injuries that she gave to him, to me, 626 00:39:29,920 --> 00:39:33,360 Speaker 7: are just as vital. She punched him dead in the mouth. 627 00:39:34,200 --> 00:39:37,640 Speaker 7: She scratched him on the wrist, on the throat, on 628 00:39:37,719 --> 00:39:41,480 Speaker 7: the back of the neck, on his back, on his elbow. 629 00:39:41,200 --> 00:39:42,080 Speaker 1: On his arm. 630 00:39:43,000 --> 00:39:48,760 Speaker 7: She fought for those eighteen minutes like her life depended 631 00:39:48,840 --> 00:39:50,359 Speaker 7: on it, because she knew it did. 632 00:39:50,719 --> 00:39:53,719 Speaker 16: One of the defense's first witnesses is a neighbor of 633 00:39:53,760 --> 00:39:57,319 Speaker 16: the e Barras. The woman says Diego Ebarra approached her 634 00:39:57,400 --> 00:40:00,960 Speaker 16: the evening of February twenty second, asking the complex is 635 00:40:01,040 --> 00:40:03,840 Speaker 16: crawling with cops in broken Spanish. 636 00:40:03,920 --> 00:40:04,879 Speaker 1: The woman tells him. 637 00:40:04,760 --> 00:40:08,160 Speaker 16: A young lady lost her life behind the complex. Aware 638 00:40:08,200 --> 00:40:11,600 Speaker 16: that it's along Diego's path to work, she encourages him 639 00:40:11,640 --> 00:40:15,400 Speaker 16: to speak up if he saw anything suspicious. Two officers 640 00:40:15,440 --> 00:40:17,200 Speaker 16: briefly check in on Ibarra. 641 00:40:16,960 --> 00:40:19,160 Speaker 1: And the woman. When they walk away. 642 00:40:19,040 --> 00:40:22,480 Speaker 16: The woman says, Diego Ebarra urgently type something into the 643 00:40:22,520 --> 00:40:24,400 Speaker 16: translator app for her to read. 644 00:40:24,560 --> 00:40:29,080 Speaker 2: The defense, trying to shift blame on Jose Ibarra's brother, Diego. 645 00:40:29,680 --> 00:40:34,920 Speaker 2: It didn't work. Straight back out to doctor Kendall Crowns 646 00:40:35,040 --> 00:40:38,520 Speaker 2: joining us. We're now medical examiner out of Terrant County. 647 00:40:39,120 --> 00:40:42,120 Speaker 2: Doctor Kendall Crowns, we know that lake and fought that 648 00:40:42,480 --> 00:40:46,360 Speaker 2: she fought for her life. She refused to be JOSEI 649 00:40:46,480 --> 00:40:52,680 Speaker 2: Ebara's next rape victim. How long would she have lived 650 00:40:53,840 --> 00:40:56,160 Speaker 2: sustaining the injuries she did to her skull? 651 00:40:56,360 --> 00:40:59,680 Speaker 15: So the injuries to the skull with the depressed cull fracture, 652 00:41:00,080 --> 00:41:04,600 Speaker 15: she could have survived that had a concussion, she could 653 00:41:04,680 --> 00:41:08,120 Speaker 15: have potentially, depending on how much brain damage there was, 654 00:41:08,880 --> 00:41:13,520 Speaker 15: been still able to survive that injury. If it was 655 00:41:13,560 --> 00:41:16,680 Speaker 15: severe enough, she probably could have died within minutes of 656 00:41:16,719 --> 00:41:20,200 Speaker 15: receiving it. It all depends on how much damage the 657 00:41:20,400 --> 00:41:24,319 Speaker 15: skull fracture went through into her brain. The strangulation, on 658 00:41:24,360 --> 00:41:28,120 Speaker 15: the other hand, she'd probably be on unconscious when a 659 00:41:28,160 --> 00:41:31,280 Speaker 15: little over ten to twenty seconds, and if he continued 660 00:41:31,320 --> 00:41:34,040 Speaker 15: to apply pressure, she'd be dead within about four to 661 00:41:34,120 --> 00:41:34,800 Speaker 15: five minutes. 662 00:41:35,040 --> 00:41:42,040 Speaker 1: Cheryl McCollum, it's beyond understanding for me that the defense 663 00:41:42,160 --> 00:41:46,480 Speaker 1: actually argued maybe there were two assailants in two rocks. 664 00:41:46,680 --> 00:41:50,600 Speaker 7: Yeah, you know, Nancy. The injuries to his wrist and 665 00:41:50,680 --> 00:41:53,680 Speaker 7: his elbow says to me, she probably knocked the first 666 00:41:53,719 --> 00:41:56,279 Speaker 7: lock out of his hand and he simply grabbed a 667 00:41:56,320 --> 00:42:00,160 Speaker 7: second one and finished the job. To the point of 668 00:42:00,239 --> 00:42:04,759 Speaker 7: her skull was in her brain. He beat her, He 669 00:42:04,920 --> 00:42:10,200 Speaker 7: beat her violently. He set out that morning to find 670 00:42:10,400 --> 00:42:12,879 Speaker 7: a victim. He did not care who. 671 00:42:13,200 --> 00:42:17,520 Speaker 2: In my mind, the judge had no alternative other than 672 00:42:17,560 --> 00:42:24,319 Speaker 2: finding Ebara guilty in the murder of lacoln Riley. Yes, 673 00:42:25,120 --> 00:42:29,319 Speaker 2: a verdict has been rendered He's not the only one 674 00:42:29,440 --> 00:42:35,640 Speaker 2: senticed in this case. Her mother, her family are sentenced 675 00:42:35,680 --> 00:42:42,640 Speaker 2: to life without Lacoln. Their sentence to life remembering what 676 00:42:42,960 --> 00:42:49,200 Speaker 2: she suffered. They are sentenced to life remembering those last 677 00:42:49,600 --> 00:42:52,919 Speaker 2: images of her running free. 678 00:42:54,680 --> 00:42:59,880 Speaker 1: Lacoln. Riley rest in peace. Good night. 679 00:43:01,200 --> 00:43:11,799 Speaker 14: It's I can't take its