WEBVTT - Him or Me | Stacey's Story 0:00:00.680 --> 0:00:03.840 I remember sitting there crying, and I was like, this 0:00:03.960 --> 0:00:07.400 child who you called yours, This is the child that 0:00:07.440 --> 0:00:09.879 you loved so much, and you want him burned in 0:00:09.920 --> 0:00:12.160 a barrel. How disgusting. 0:00:26.280 --> 0:00:30.240 I'm Andrea Gunning. This is Betrayal, Season three, episode four, 0:00:31.680 --> 0:00:39.320 Him or Me, Doctor Justin Rutherford never expected to be incarcerated. 0:00:39.680 --> 0:00:43.720 He seemed genuinely surprised to be in jail. Stacy and 0:00:43.800 --> 0:00:46.360 her family had moved back to the Virginia area to 0:00:46.400 --> 0:00:50.600 be closer to family and friends. Justin's godmother, Nanny Dee, 0:00:50.640 --> 0:00:54.040 had done the same. He wrote frequent letters to Nanny. 0:00:54.560 --> 0:00:56.920 She looked after him as a child and had always 0:00:56.920 --> 0:00:59.560 been there for him as an adult. She did not 0:00:59.640 --> 0:01:03.960 believe the accusations against him. He shared his complaints with 0:01:04.000 --> 0:01:06.080 her about the lack of amenities in jail. 0:01:07.120 --> 0:01:10.959 The only chairs here are hard as well as the beds. 0:01:11.319 --> 0:01:14.360 And this is probably TMI, but the diet they give 0:01:14.440 --> 0:01:19.240 us caused me the worst constipation. It really makes things terrible. 0:01:20.280 --> 0:01:23.800 Once Tyler came forward, the Burkes County District Attorney's office 0:01:24.040 --> 0:01:27.560 was able to build a strong case against Justin. There 0:01:27.600 --> 0:01:30.160 was a good chance he could be sentenced to decades 0:01:30.200 --> 0:01:33.120 in jail, and that was largely because of what Tyler 0:01:33.240 --> 0:01:35.920 was able to share during his forensic interview. 0:01:37.400 --> 0:01:39.600 I don't remember if it was Detective Fick or Weaver, 0:01:40.160 --> 0:01:42.520 one of them I had spoken to, and they said 0:01:43.160 --> 0:01:46.440 they were so proud of Tyler because they had never 0:01:46.560 --> 0:01:49.440 seen a child, or heard a child give such a 0:01:49.520 --> 0:01:53.960 detailed interview as far as how much information he recalled. 0:01:54.920 --> 0:01:58.520 As a trial date drew closer, Justin's letters to family 0:01:58.520 --> 0:02:00.640 and friends grew more frenzied. 0:02:01.200 --> 0:02:05.880 Nanny call around to some of the lawyers below, explain 0:02:06.000 --> 0:02:11.160 my charges and deal that was offered, which is basically 0:02:11.200 --> 0:02:14.799 fifteen to thirty or open plea, see if they think 0:02:14.840 --> 0:02:17.640 they could do better, and see if they would do 0:02:17.800 --> 0:02:21.240 pro bono or reduced fee due to money already spent 0:02:21.480 --> 0:02:22.640 on current lawyer. 0:02:24.560 --> 0:02:26.640 Justin's father had an adopted daughter. 0:02:28.160 --> 0:02:34.840 Justin wrote to her, it's been a while since we 0:02:34.880 --> 0:02:39.160 have spoken. I miss you and the fam so much. 0:02:40.080 --> 0:02:43.360 I feel like we were the closest and you came 0:02:43.400 --> 0:02:48.520 to visit regularly. I am curious what you think of 0:02:48.560 --> 0:02:54.200 all of this shit. This is a compliment. You were 0:02:55.120 --> 0:03:02.440 always the shadiest in our group of siblings, and I 0:03:02.480 --> 0:03:07.959 was wondering if you still have contacts into the shady realm. 0:03:08.600 --> 0:03:11.360 Send me the answer through text on the tablet, but 0:03:11.520 --> 0:03:15.320 don't mention the question, as everything is recorded through text 0:03:15.720 --> 0:03:19.720 and phone. If the answer is yes, I will send 0:03:19.800 --> 0:03:24.960 you another letter with more info. Please keep this between us. Please. 0:03:26.280 --> 0:03:30.080 On the contrary, if you think I'm a piece of 0:03:30.120 --> 0:03:35.360 shit who deserves to be here, just ignore this letter. 0:03:37.440 --> 0:03:42.200 She ignored it. Nanny, however, stayed in regular contact with Justin, 0:03:42.760 --> 0:03:45.480 and he sent her many letters from jail like this. 0:03:47.120 --> 0:03:50.760 I can't live life knowing I won't be able to 0:03:50.800 --> 0:03:54.040 be with my kids until they are adults, that I 0:03:54.120 --> 0:03:57.760 was a failure and not given a chance at redemption. 0:03:59.200 --> 0:04:03.120 And honestly, if it comes down to it, I guess 0:04:04.440 --> 0:04:08.200 I'll have to take the pain away myself. I don't 0:04:08.200 --> 0:04:12.560 want it to end that way, but I literally can't 0:04:12.560 --> 0:04:16.760 do it. I'm not strong enough to serve so long. 0:04:20.440 --> 0:04:22.960 Justin was doing anything he could to get out of 0:04:22.960 --> 0:04:26.760 the Burkes County jail where he was awaiting trial. Tyler 0:04:26.880 --> 0:04:29.919 was in a kind of jail as well, a jail 0:04:29.960 --> 0:04:31.360 that Justin had built. 0:04:32.800 --> 0:04:34.880 When the abuse was going on. That was just my 0:04:35.080 --> 0:04:38.840 normal day to day life. I didn't think much of it. 0:04:38.839 --> 0:04:41.640 It was just how things went and it was expected 0:04:41.640 --> 0:04:46.479 to happen. It wasn't a shock. I was used to it. 0:04:46.520 --> 0:04:50.440 I was trained, and I finally had time to deal 0:04:50.520 --> 0:04:55.240 with all those motions away from justin. It was like 0:04:55.279 --> 0:04:57.960 my first time actually trying to get through it on 0:04:57.960 --> 0:05:02.839 instead of just like be numb to it or whatnot. 0:05:03.200 --> 0:05:07.440 All the emotions they just flood into your mind, flood 0:05:07.480 --> 0:05:13.840 into your body. It's just overwhelming, over stimulating. Anything is 0:05:14.440 --> 0:05:16.800 gonna set you off. It's like you have a short fuse. 0:05:18.120 --> 0:05:19.080 At least it was for me. 0:05:20.040 --> 0:05:22.960 Stacey wanted to do something nice for the kids to 0:05:23.000 --> 0:05:25.520 get away from the whole mess at home, so she 0:05:25.600 --> 0:05:29.599 took them to Disney World. It's called the happiest place 0:05:29.600 --> 0:05:33.039 on Earth, but for Tyler it was anything. 0:05:32.640 --> 0:05:37.160 But everyone smile on their faces, and like in my head, 0:05:37.200 --> 0:05:39.320 it was a completely different atmosphere. It was like I 0:05:39.360 --> 0:05:43.120 was in a different spot. Like Stranger Things, how they 0:05:43.160 --> 0:05:46.920 have the upside down, That's where I was. I mean, 0:05:47.200 --> 0:05:49.279 I was in the same place, but in my mind, 0:05:49.279 --> 0:05:57.000 I was in a different atmosphere. A few nights, I 0:05:57.080 --> 0:06:00.320 was just sitting on the balcony by myself. Everyone was inside. 0:06:03.880 --> 0:06:07.640 I just wanted to jump because we were about like 0:06:07.680 --> 0:06:11.320 four or five stories up, Like I didn't really want to, 0:06:11.440 --> 0:06:14.120 but I guess I just I didn't see another way 0:06:14.160 --> 0:06:18.280 to stop the anxiety. It was so bad. That was 0:06:18.360 --> 0:06:21.520 just like a way to switch it off and know. 0:06:21.640 --> 0:06:25.440 Going back at Disney, Tyler started fearing for his little 0:06:25.440 --> 0:06:31.320 brother and sister, the lines, throngs of people everywhere. He 0:06:31.440 --> 0:06:33.160 still carries that with him. 0:06:34.520 --> 0:06:37.120 I just I worry with the littles being in public. 0:06:37.720 --> 0:06:40.240 I hate when they run off. I don't like them 0:06:40.240 --> 0:06:42.960 being more than like a foot from me, But I 0:06:43.120 --> 0:06:46.240 just worry so much. I don't know if it's fear 0:06:46.279 --> 0:06:49.039 of them getting hurt, fear of somebody taking them, but 0:06:49.200 --> 0:06:51.400 when they're in public, I want them to be raped 0:06:51.440 --> 0:06:54.520 by either me or my mom's side, and nowhere else. 0:06:55.240 --> 0:06:57.760 He appreciated his mom trying to show the kids a 0:06:57.760 --> 0:07:01.400 good time after all they'd been through, but the anxiety 0:07:01.520 --> 0:07:07.040 was unrelenting, punishing. It followed Tyler when he was awake, asleep. 0:07:07.320 --> 0:07:11.760 It didn't matter. Tyler had a great therapist, but that 0:07:11.800 --> 0:07:15.080 weekly meeting was no match for the pervasive thoughts that 0:07:15.120 --> 0:07:17.080 plagued him. Twenty four to seven. 0:07:17.760 --> 0:07:21.240 I definitely struggled with both depression and anxiety, but to me, 0:07:23.120 --> 0:07:27.480 anxiety was my killer. They just seemed like there was 0:07:27.560 --> 0:07:31.560 no way to get by it. This was about a 0:07:31.720 --> 0:07:35.400 week after the Disney trip. I was at school. It 0:07:35.520 --> 0:07:39.080 was just a normal day, and I started to have 0:07:39.160 --> 0:07:41.680 some pretty bad anxiety I would say more so like 0:07:41.720 --> 0:07:44.600 a panic attack, Like my heart was beating really fast, 0:07:44.720 --> 0:07:47.600 and the thoughts were just going left and right in 0:07:47.640 --> 0:07:50.480 my head, going crazy, and I just I couldn't shake 0:07:50.520 --> 0:07:54.640 it no matter what I did. It was terrible. It 0:07:54.720 --> 0:07:58.200 lasted all the way till I got back home. I'm like, 0:07:58.360 --> 0:08:01.280 damn it, I'm ten hours into this and it's just 0:08:01.320 --> 0:08:05.360 getting worse and worse. So I decided I was gonna 0:08:05.360 --> 0:08:08.400 take matters into my own hands. That day, I wanted 0:08:08.400 --> 0:08:11.640 to kill myself, but I didn't want my family to 0:08:12.120 --> 0:08:14.880 know I tried to do that or hurt them, so 0:08:15.840 --> 0:08:17.720 I tried to make it look natural, like a heart 0:08:17.760 --> 0:08:20.600 attack and down like a whole tub of pre workout 0:08:20.960 --> 0:08:24.600 Jim energy drinks and whatnot. You're usually supposed to take 0:08:24.680 --> 0:08:28.200 like a scoop, Like two scoops is too much and 0:08:28.240 --> 0:08:31.320 your heart's going crazy. So I wouldn't say I downed 0:08:31.320 --> 0:08:33.080 the whole tub, but I definitely tried to down as 0:08:33.160 --> 0:08:35.240 much as I could in a short period of time, 0:08:36.160 --> 0:08:38.800 and that just made it even worse, to the point 0:08:38.800 --> 0:08:40.800 where it literally felt like my heart was going to 0:08:40.880 --> 0:08:45.400 come out of my chest, like I thought I was dying. 0:08:46.240 --> 0:08:47.440 So I called my sister. 0:08:48.760 --> 0:08:51.680 I got the phone call. It was a FaceTime video 0:08:51.720 --> 0:08:56.480 from him. He's crying and he's like, I'm scared. My 0:08:56.880 --> 0:09:06.240 chest feels funny, and he's like I took something. I 0:09:06.320 --> 0:09:10.280 made him stay on the phone with me, and Ems 0:09:10.440 --> 0:09:10.880 got there. 0:09:11.559 --> 0:09:15.880 Mom got there, They sent the paramedics. They said I 0:09:16.000 --> 0:09:18.839 was all right, I would just have a very fast 0:09:18.840 --> 0:09:19.880 heart rate for a while. 0:09:20.200 --> 0:09:21.199 Was all the caffeine. 0:09:22.280 --> 0:09:24.880 They took him to the hospital and then that's when 0:09:24.880 --> 0:09:26.319 he got admitted. 0:09:27.400 --> 0:09:30.720 Tyler was admitted into a mental health facility in Virginia 0:09:30.800 --> 0:09:32.679 with a reputable youth program. 0:09:33.559 --> 0:09:39.240 Not only did Justin ruin his childhood, but now he 0:09:39.280 --> 0:09:42.160 doesn't even want to live on this earth. I felt 0:09:42.160 --> 0:09:45.040 like he had took enough from him, and I think 0:09:45.080 --> 0:09:48.319 that's what made me angry, is he knew how much 0:09:48.760 --> 0:09:52.319 my kids meant to me. If Tyler would have died, 0:09:53.320 --> 0:09:55.959 I say I probably would have just jumped with him, 0:09:56.440 --> 0:09:58.520 because I don't know how parents live without their kids. 0:10:01.040 --> 0:10:04.200 I stayed there for I think about eight days, and 0:10:04.800 --> 0:10:07.640 the whole time just went through therapy. 0:10:07.720 --> 0:10:11.200 The inpatient program gave him helpful strategies to deal with 0:10:11.240 --> 0:10:11.959 his anxiety. 0:10:12.480 --> 0:10:15.400 They gave us a bunch of like papers and handouts 0:10:15.400 --> 0:10:18.640 to keep. It had like good coping mechanisms on there. 0:10:19.920 --> 0:10:22.360 I kept that paper and took it with me wherever 0:10:22.400 --> 0:10:22.760 I went. 0:10:26.920 --> 0:10:31.520 Tyler recognized his treatment as an opportunity. 0:10:32.200 --> 0:10:34.760 You just gotta want it, because there's definitely kids in 0:10:34.800 --> 0:10:38.000 there who didn't want it and therefore didn't help them 0:10:38.000 --> 0:10:40.920 like it did me. Like I know a kid who 0:10:41.320 --> 0:10:43.000 said he'd been in and out of him for like 0:10:43.080 --> 0:10:46.280 six years, and then after you go so many times, 0:10:46.880 --> 0:10:49.160 they make you stay longer and longer. And he was 0:10:49.160 --> 0:10:51.720 telling me his last stand one was like nine months. 0:10:53.800 --> 0:10:56.880 So I saw that and took that as a sign 0:10:56.920 --> 0:10:59.560 that I need to learn what I need to learn 0:10:59.600 --> 0:11:02.400 and get out of here and go live my life. 0:11:02.520 --> 0:11:05.680 Tyler was determined to make strides in his mental health. 0:11:06.160 --> 0:11:09.880 He didn't want this to be the rest of his life. 0:11:10.040 --> 0:11:13.000 I honestly thought it was like a good break from life. 0:11:13.040 --> 0:11:13.120 Like. 0:11:13.160 --> 0:11:16.240 I actually enjoyed it because it was just calm and 0:11:16.600 --> 0:11:18.120 it helped teach me a lot. 0:11:18.520 --> 0:11:21.600 Tyler told me that he still has some rough patches 0:11:21.720 --> 0:11:24.760 and weeks of feeling bad, but he's doing much better 0:11:25.160 --> 0:11:39.600 and suicide doesn't enter his mind anymore. Stacy and Tyler 0:11:39.720 --> 0:11:42.120 had a lot of dates to deal with, meetings with 0:11:42.200 --> 0:11:46.439 prosecutors and court appearances. A few months after Tyler finished 0:11:46.480 --> 0:11:49.680 his treatment. In about two years after Justin was arrested, 0:11:50.200 --> 0:11:53.720 there was a special day. Stacy's whole family was looking 0:11:53.760 --> 0:11:57.880 forward to the August twenty twenty three wedding of Stacy's 0:11:57.920 --> 0:12:02.280 eldest daughter, Mikayla, to her long time boyfriend Tommy. There 0:12:02.320 --> 0:12:04.120 was a lot of joy leading up to the wedding, 0:12:04.480 --> 0:12:08.400 but it was also a time of reflection. Justin's absence 0:12:08.559 --> 0:12:11.720 was deeply felt. Even with the knowledge of his crimes. 0:12:11.800 --> 0:12:15.800 Mikaela was like his daughter. She called Justin debt. 0:12:16.400 --> 0:12:20.400 She felt cheated for Father's Day one year, I said, 0:12:20.640 --> 0:12:22.520 when I'm old enough and find the right man who 0:12:22.559 --> 0:12:25.680 loves me the way that you do, well, you walk 0:12:25.760 --> 0:12:29.440 me down the aisle. Some nights we would be planning 0:12:29.480 --> 0:12:34.440 and I would cry. It's like a missing piece, but 0:12:34.679 --> 0:12:36.560 also like I don't want that piece here. 0:12:39.200 --> 0:12:42.560 Mikila walked a fine line between feeling excitement for her 0:12:42.600 --> 0:12:46.760 big day and respecting the grief around her. 0:12:47.760 --> 0:12:50.480 It was hard for me to be truly happy with it, 0:12:50.640 --> 0:12:54.720 like oh, I'm getting married because everyone around me is miserable, 0:12:55.640 --> 0:12:59.280 and here I am like, oh, what color do you 0:12:59.280 --> 0:13:00.000 want to wear to my wife? 0:13:00.960 --> 0:13:04.520 When the day finally came, the whole family rose the occasion. 0:13:05.200 --> 0:13:07.760 Just talking about it makes Stacy emotional. 0:13:08.640 --> 0:13:12.679 Michayla's wedding was beautiful in August. There was so much 0:13:12.760 --> 0:13:14.640 joy that day, and that was a day that was 0:13:14.640 --> 0:13:16.840 going to be really hard for me. That ended up 0:13:16.920 --> 0:13:20.480 not not at all, like and that was I get 0:13:20.480 --> 0:13:23.920 one hundred percent say a god thing because you know 0:13:24.040 --> 0:13:24.720 it just it was. 0:13:24.720 --> 0:13:25.440 A beautiful day. 0:13:26.440 --> 0:13:31.200 They were all dressed beautifully, they danced. Mikayla and Tommy 0:13:31.320 --> 0:13:34.400 are a great couple. It was a celebration of them, 0:13:35.000 --> 0:13:40.079 a family, of survival, of making it this far for. 0:13:40.080 --> 0:13:42.800 A window of a weekend. I think we just forgot 0:13:42.840 --> 0:13:45.920 about things like I would have just loved to live 0:13:45.960 --> 0:13:48.920 in that weekend in Michayla's wedding because that was our 0:13:48.960 --> 0:13:53.040 first time where we just had fun. We didn't think 0:13:53.080 --> 0:13:56.240 about it, we didn't talk about it, like today's a 0:13:56.320 --> 0:14:00.280 day and being joyful and new beginnings. And there's a 0:14:00.360 --> 0:14:02.839 lot missing that day, But there was also so much more. 0:14:06.360 --> 0:14:09.079 While the family reveled in a new chapter of love, 0:14:09.440 --> 0:14:15.400 Justin continued steing in jail. A trial was just months away. 0:14:15.440 --> 0:14:19.200 Now he knew he couldn't stay there. He organized his 0:14:19.280 --> 0:14:22.520 thoughts and came up with three strategies to avoid prison, 0:14:23.240 --> 0:14:27.680 options one, two, and three. Option one had been mentioned 0:14:27.680 --> 0:14:31.040 in his letters with both Stacy and Nanny. The option 0:14:31.200 --> 0:14:34.840 was suicide. Though Stacy didn't fall for Justin's threats to 0:14:34.880 --> 0:14:39.480 take his life, it probably hurt Nanny much more. Option 0:14:39.560 --> 0:14:42.880 two was mentioned, but still vague. We'll return to that later. 0:14:43.880 --> 0:14:47.600 And then there was option three, persuading Tyler to recant 0:14:47.600 --> 0:14:49.000 his statement to detectives. 0:14:50.240 --> 0:14:55.560 Dear Nanny, thank you for trying option three. If you could, 0:14:55.600 --> 0:14:58.800 please try to continue to push for him to drop it. 0:15:00.120 --> 0:15:03.600 Here's why I can't go to trial, and they say 0:15:03.600 --> 0:15:07.480 there's too much evidence. It is true that I did 0:15:07.800 --> 0:15:13.160 the camera. I have an issue with voyeurism. It's true. 0:15:13.400 --> 0:15:15.080 Please keep this to yourself. 0:15:16.160 --> 0:15:19.560 Finally, an admission that he did put the camera in 0:15:19.600 --> 0:15:20.080 the house. 0:15:21.680 --> 0:15:26.000 The camera is basically what screwed me, because there is 0:15:26.040 --> 0:15:30.680 no evidence otherwise for the rape charges. I do swear 0:15:30.760 --> 0:15:36.320 to you, Nanny, that I never raped anyone. So basically 0:15:36.560 --> 0:15:40.600 I should be serving maybe a year for my true crimes, 0:15:41.240 --> 0:15:47.040 but instead may end up serving much more. I'm not 0:15:47.120 --> 0:15:51.280 gonna lie. I got myself in a pickle, but please 0:15:51.840 --> 0:15:54.800 don't let me serve time that is unjust. 0:15:55.960 --> 0:15:58.800 This is hard to stomach. I got myself in a 0:15:58.800 --> 0:16:00.960 pickle as something you say when you make plans with 0:16:01.000 --> 0:16:04.080 two different friends on the same night, not a phrase 0:16:04.120 --> 0:16:06.400 when you use to describe these kinds of charges. 0:16:07.360 --> 0:16:11.440 He continues, I would be institutionalized and have no way 0:16:11.840 --> 0:16:16.480 to ever retire. It's literally the worst ending to my 0:16:16.640 --> 0:16:22.680 life I could imagine. Please keep trying option three because 0:16:22.680 --> 0:16:27.400 we're approaching the line of no return. Love Justin. 0:16:29.560 --> 0:16:34.160 Sergeant Fick found the relationship between Nanny Dee and Justin puzzling. 0:16:36.480 --> 0:16:38.520 I listened to a lot of jail house calls from 0:16:38.560 --> 0:16:39.320 her and Justin. 0:16:39.800 --> 0:16:43.200 Their communication did not sound like an aunt and nephew 0:16:43.360 --> 0:16:44.720 or godmother and godson. 0:16:45.200 --> 0:16:47.440 I mean, there's times they talked like their husband and 0:16:47.440 --> 0:16:51.480 wife I was confused by that. I know she supports 0:16:51.640 --> 0:16:54.040 Justin He has a lot of people Fulden's family. 0:16:55.200 --> 0:16:58.600 Meg McCallum, the lead Assistant District Attorney of Burke's County, 0:16:58.760 --> 0:17:02.479 was busy preparing for true she was assigned to prosecute 0:17:02.520 --> 0:17:02.920 the case. 0:17:04.359 --> 0:17:09.720 I have been specifically doing sexual assault prosecution for ten 0:17:10.040 --> 0:17:14.920 and a half years now. When it comes forward, these 0:17:14.920 --> 0:17:19.680 families are devastated because, unfortunately, nine times out of ten, 0:17:19.720 --> 0:17:22.359 what we were seeing is that it was somebody very close, 0:17:22.400 --> 0:17:25.320 if not a family member, who has committed these crimes 0:17:25.359 --> 0:17:30.200 against these children. It is hard because there's that part 0:17:30.200 --> 0:17:34.280 of them that you love, that you have grown a relationship, 0:17:34.520 --> 0:17:37.840 grown this family with. It's not all bad, and it's 0:17:37.880 --> 0:17:41.720 similar with domestic violence victims, where the cycle just kind 0:17:41.720 --> 0:17:46.320 of keeps going because he was doing good, kind, helpful things, 0:17:47.119 --> 0:17:53.280 and those parts of him that were not hidden were 0:17:53.280 --> 0:17:56.960 the good parts and were probably genuinely good to them. 0:17:57.200 --> 0:18:01.000 But he obviously had this side that nobody would have anticipated, 0:18:01.800 --> 0:18:05.919 nobody would have expected him to do where he was 0:18:06.080 --> 0:18:09.800 raping this little boy since he was tiny. 0:18:11.040 --> 0:18:14.520 Ada McCallum pointed out that there are times when these 0:18:14.600 --> 0:18:16.480 cases can't be prosecuted. 0:18:17.720 --> 0:18:19.919 Sometimes I have to make the hard decision where I 0:18:19.920 --> 0:18:21.639 don't believe a child is going to be able to 0:18:21.680 --> 0:18:24.880 make it through the process, or I just don't think 0:18:24.880 --> 0:18:26.280 that we're going to be able to get a beyond 0:18:26.320 --> 0:18:29.640 the reasonable doubt verdict, and so sometimes those cases are 0:18:29.680 --> 0:18:33.639 not approved. That's actually probably the hardest thing that I 0:18:33.680 --> 0:18:35.040 have to do, because then I have to tell that 0:18:35.119 --> 0:18:37.800 family it's not the time for this. 0:18:39.000 --> 0:18:42.000 And what about Tyler? Could he make it through a trial? 0:18:42.840 --> 0:18:44.840 There was no question based on my review of his 0:18:44.880 --> 0:18:48.320 interview and his discussions with my detectives, and even when 0:18:48.359 --> 0:18:51.720 I met him at the preliminary hearing, he was going 0:18:51.760 --> 0:18:53.520 to be okay and would have just and. 0:18:53.560 --> 0:18:57.040 Got what he wanted. And Tyler didn't testify. 0:18:57.119 --> 0:18:59.960 If Tyler didn't cooperate, and if Tyler wasn't willing to 0:19:00.200 --> 0:19:02.840 testify in this case at a trial, we would not 0:19:02.920 --> 0:19:06.399 be able to convict Justin Rutherford of the crimes for 0:19:06.480 --> 0:19:11.959 his conduct against Tyler. In Pennsylvania, specifically, I have to 0:19:12.000 --> 0:19:16.520 call child victims to testify unless there is some other 0:19:16.760 --> 0:19:22.280 evidence where it's videotaped or something like that, or somebody 0:19:22.320 --> 0:19:27.119 witnesses it. In order to sustain my convictions. And so 0:19:28.240 --> 0:19:33.440 because sexual offenses occur secretly, they happen for a very 0:19:33.480 --> 0:19:37.239 long time, we have almost no evidence ever, other than 0:19:37.240 --> 0:19:41.400 the victim's own words. Their words become the most important 0:19:41.400 --> 0:19:42.440 thing for the prosecution. 0:19:43.440 --> 0:19:47.600 The District Attorney's office had solid evidence against Justin. They 0:19:47.640 --> 0:19:50.320 believed he needed to be held accountable for his crimes 0:19:50.359 --> 0:19:53.679 and kept off the streets, so they made a plea offer. 0:19:54.600 --> 0:19:57.280 Justin found the offer unacceptable. 0:19:59.040 --> 0:20:03.359 Dear Nanny, I am so sad that you want me 0:20:03.440 --> 0:20:06.760 to take this deal. I don't understand how you think 0:20:06.960 --> 0:20:09.600 it is okay for me to be in here for 0:20:09.680 --> 0:20:16.280 fifteen thirty years. Do you think I'm guilty? Do you 0:20:16.359 --> 0:20:20.520 not believe me? I mean, I know it's not your 0:20:20.600 --> 0:20:24.800 fault I'm in here, but I thought you would do 0:20:25.200 --> 0:20:30.439 everything you could to prevent this injustice. I don't know 0:20:30.520 --> 0:20:34.919 how you sit there idly by and watch as he 0:20:35.000 --> 0:20:40.960 takes everything, not just for me, but you and the kids. 0:20:41.680 --> 0:20:47.199 He takes everything. The he is Tyler. He is a 0:20:47.280 --> 0:20:52.800 sixteen year old boy who has just lost everything. According 0:20:52.840 --> 0:20:56.760 to Justin, Tyler was doing this to him, to Nanny 0:20:56.840 --> 0:21:00.639 d and the kids, and Nanny wasn't doing anything about it. 0:21:01.480 --> 0:21:07.800 I lost my wife, house, car job. If I took 0:21:07.920 --> 0:21:12.119 this deal, I would not only lose my kids since 0:21:12.440 --> 0:21:15.520 I would not be out until they were adults, but 0:21:15.600 --> 0:21:20.119 I would lose my career. I would never practice medicine 0:21:20.200 --> 0:21:27.359 again if they had my DNA or an eyewitness but 0:21:27.520 --> 0:21:30.000 literally they have nothing. 0:21:31.400 --> 0:21:34.560 If Justin thought nothing of Tyler's testimony, why was he 0:21:34.600 --> 0:21:36.440 trying so hard to have him recant. 0:21:37.080 --> 0:21:41.520 You always said you would do anything for me. You 0:21:41.520 --> 0:21:48.000 could negotiate other terms such as money, treatment, etc. I'll 0:21:48.040 --> 0:21:52.879 complete treatment and never contact him if he recants and 0:21:52.960 --> 0:21:57.040 doesn't testify. I know I'm putting you in a difficult 0:21:57.040 --> 0:22:00.760 spot and it's not something I like to do. But Nanny, 0:22:01.760 --> 0:22:06.080 this is not fair, and you know it. I am 0:22:06.200 --> 0:22:11.080 backed into a corner with nowhere to go. I just 0:22:11.440 --> 0:22:14.840 can't take the pain of not being there for you 0:22:15.440 --> 0:22:19.919 and the kids, the pain of being labeled, you know what, 0:22:20.600 --> 0:22:24.640 the pain of losing my reputation career, and the pain 0:22:24.720 --> 0:22:27.160 of being a failure bad father. 0:22:28.680 --> 0:22:33.560 In these letters, Justin emotionally torments his godmother Nanny. He 0:22:33.680 --> 0:22:38.080 uses suicide and dying as a negotiation tactic. The blood 0:22:38.320 --> 0:22:42.040 would be on her hands. Justin must have thought that 0:22:42.080 --> 0:22:53.320 would work on Nanny. He knew that she really loved him. 0:22:53.760 --> 0:22:57.200 Time was running out for Justin. His court date was approaching. 0:22:57.840 --> 0:23:01.639 He realized that option three's waiting Tyler to recant was 0:23:01.680 --> 0:23:04.760 not going to happen. He didn't seem too eager to 0:23:04.760 --> 0:23:08.359 pull the trigger on option one, taking his own life. 0:23:09.119 --> 0:23:14.639 He was ready to deploy option two. He wrote to Nanny. 0:23:14.720 --> 0:23:18.600 Even the Bible is full of God smiting one's enemies, 0:23:19.440 --> 0:23:24.479 for example, David versus Goliath. At this point, you have 0:23:24.560 --> 0:23:31.359 to choose a side. It's either me or him. 0:23:31.520 --> 0:23:34.520 He should have known that the police monitored his communication, 0:23:35.119 --> 0:23:38.440 but at that point he didn't seem to care. He 0:23:38.560 --> 0:23:40.320 was done being reasonable. 0:23:41.520 --> 0:23:44.320 I really need you to do this, and I mean asap. 0:23:44.960 --> 0:23:50.639 Look I have tried every other way. I'm not saying 0:23:50.720 --> 0:23:52.119 you have to do it personally. 0:23:53.960 --> 0:23:56.560 Was he really suggesting what I think he is suggesting. 0:23:57.720 --> 0:24:01.800 I am done fucking around. The offer they gave me 0:24:02.880 --> 0:24:05.480 is the same as this twenty three year old kid 0:24:05.560 --> 0:24:10.840 who stabbed his mother sixty plus times, all because of 0:24:10.960 --> 0:24:15.119 stories that were made up after the camera thing went down. 0:24:16.359 --> 0:24:18.280 He even suggested this. 0:24:19.160 --> 0:24:25.520 Go downtown Martinsburg and look for a druggie, just get 0:24:25.800 --> 0:24:35.959 it done. Offer less than ten thousand pay after cash. 0:24:36.160 --> 0:24:40.920 Any old druggie would do to kill Tyler. Remember this 0:24:41.080 --> 0:24:45.400 man was a doctor. Justin always told Nanny he loved 0:24:45.400 --> 0:24:48.240 her and would look after her and his letters, but 0:24:48.320 --> 0:24:51.600 he seemed quite willing to risk her freedom. 0:24:53.240 --> 0:24:58.240 Nanny, I am asking you to trade your few remaining 0:24:58.320 --> 0:25:05.119 years for my forty plus. That is, if you do it. Obviously, 0:25:05.480 --> 0:25:08.679 talk to no one else and ask for a lawyer 0:25:09.000 --> 0:25:11.400 immediately if questioned. 0:25:12.520 --> 0:25:16.160 And if she could find a willing assassin. He offered 0:25:16.160 --> 0:25:19.200 guidance on the best time to approach the target. 0:25:20.400 --> 0:25:24.240 I recommend after work, but you do it how you wish. 0:25:25.680 --> 0:25:29.919 This is not the road I wanted, but it is 0:25:29.960 --> 0:25:33.960 the one that must be taken. It's either that. 0:25:35.600 --> 0:25:35.840 Or me. 0:25:37.080 --> 0:25:40.199 In case Nanny wasn't taking the suicide threat to heart. 0:25:40.800 --> 0:25:44.200 He concluded the letter with his own obituary. 0:25:44.600 --> 0:25:51.359 Thirty three year old male with so much potential good doctor, 0:25:52.240 --> 0:25:57.400 good father, wrongfully accused survived. 0:25:57.680 --> 0:26:00.560 Nanny wasn't going to find someone to kill Tyler. He 0:26:00.600 --> 0:26:03.200 would take the matter into his own hands and find 0:26:03.240 --> 0:26:09.520 someone on the inside. What was Justin offering money? Of course, 0:26:10.440 --> 0:26:13.080 other inmates probably thought he was rich since he was 0:26:13.119 --> 0:26:13.560 a doctor. 0:26:14.880 --> 0:26:17.520 He just basically said, you know, when I get out 0:26:17.520 --> 0:26:19.560 of here, I'll make sure that you're comfortable. 0:26:20.760 --> 0:26:25.800 Justin would do anything, anything to save himself. The details 0:26:25.840 --> 0:26:31.240 were all in the affidavid of probable cause. The affidavid 0:26:31.280 --> 0:26:36.240 says Rutherford wrote down the victim's address, his schedule, the 0:26:36.240 --> 0:26:40.880 car he operates, his interests in other personal identifying information. 0:26:41.840 --> 0:26:45.000