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Speaker 1: Why is it always like this? A nineteen year old

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Speaker 1: teen girl ends up dead in afford escort and somehow

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Speaker 1: she's the bad guy she's to blame. Nineteen year old

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Speaker 1: Frances Victoria found half clothed, her clothes in disarray, having

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Speaker 1: been sex assaulted and manually strangled dead. Her date let

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Speaker 1: me just say ephemistically takes a picture of her naked

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Speaker 1: body or half naked body and post it to about

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Speaker 1: thirty friends as she's lying there, either dead or passed out.

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Speaker 1: But somehow she's the tramp. No way I want justice.

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Speaker 1: Crime Stories with Nancy Grace. A body was found in

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Speaker 1: that garage you see right behind me, and now we

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Speaker 1: know that police are looking into two theories, according to

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Speaker 1: a report, that the woman died of an overdose or

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Speaker 1: that she died in the middle of a sexual encounter.

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Speaker 1: Police found a nineteen year old woman dead inside of

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Speaker 1: a vehicle at the top of this parking garage in

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Speaker 1: Hackensack around two in the morning. The garage is attached

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Speaker 1: to this luxury high rise apartment complex on Prospect Avenue.

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Speaker 1: Video obtained by pixel Even News shows the vehicle being

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Speaker 1: towed away. This woman just moved into the building this week.

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Speaker 1: I don't think it's the norm for around here. I

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Speaker 1: don't know the details. However, the way the building handle

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Speaker 1: it was very professional. You know. When I came out

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Speaker 1: this morning, they were like, no, worry about everything is okay.

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Speaker 1: The Daily Voice reporting that police are investigating if the

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Speaker 1: nineteen year old died of an overdose or due to

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Speaker 1: rough sex inside of the car. Wow, it's her fault,

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Speaker 1: I guess. Nineteen year old friends as Victoria Garcia. How

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Speaker 1: dare she have a drug overdose? How dare she have

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Speaker 1: quote rough sex and die half clothed in a car? Wow,

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Speaker 1: it's always the woman's fault. What a tramp? Right? Wrong,

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Speaker 1: absolutely wrong, one hundred percent wrong. I mean, I see, grace.

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Speaker 1: This is crime stories. Thank you for being with us.

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Speaker 1: I want justice, and by the time you hear these facts,

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Speaker 1: you're gonna want it too. Those of you that have

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Speaker 1: a daughter like I do, a sister, a mom, an aunt,

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Speaker 1: a best friend, to be dragged through the mud after

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Speaker 1: she's foul dead. I am not having it. Me an

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Speaker 1: all star panel. Wendy Patrick, California prosecutor, author of Red Flags.

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Speaker 1: You can find her at Wendy Patrick PhD dot com.

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Speaker 1: John Cardillo, host of America talks on Newsmax. Former NYPD

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Speaker 1: Bethany Marshall, renowned California psychoanalyst. She's at doctor Bethany Marshall

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Speaker 1: dot com, Medical examiner for the State of Florida. Doctor

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Speaker 1: Tim Gallagher joining us but right now to investigate a

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Speaker 1: reporter with Radar Online dot Com, Alexis Terres Chuck, Alexis,

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Speaker 1: I'm so mad at cochewa Nell and half. It's the

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Speaker 1: preppy murder all over again. Do you remember Robert Chambers,

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Speaker 1: because I sure do. Alexis, tell me about how this

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Speaker 1: nineteen year old girl, Francis Victoria Garcia was found. She

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Speaker 1: was found inside a car, and she was found in

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Speaker 1: a condition where police say that they could not tell

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Speaker 1: how she died. They did not know. There was no

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Speaker 1: obvious sign, there was not a lot of blood. She

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Speaker 1: had not been shot, so they were unaware of how

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Speaker 1: she had died. But she was found dead in the car.

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Speaker 1: What kind of car? Where was it? I believe that

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Speaker 1: it was a Ford Escort and it was in the

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Speaker 1: parking lot of the apartment building where she lived. You know,

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Speaker 1: to doctor Bethany Marshall, LA psychoanalyst, Doctor Bethany why is

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Speaker 1: it that all I've heard about this case is that

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Speaker 1: she odeed and she was having rough sex. Why is that?

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Speaker 1: You know? I was wondering that too, because this woman

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Speaker 1: is dead. She's only nineteen years old at the beginning

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Speaker 1: of her entire life, and her whole reputation has been maligned,

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Speaker 1: that she wanted rough sex, that she was high on drugs.

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Speaker 1: You know that the victim is really being blamed and

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Speaker 1: there is very little about the perpetrator. She was not

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Speaker 1: in that car alone. There was a man with her.

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Speaker 1: They were engaging in a sex act. And I think

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Speaker 1: that whoever is we reporting on this story is not

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Speaker 1: focusing on the fact that one person killed another. There

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Speaker 1: is a perpetrator. There's a crime. Something happened to this

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Speaker 1: young woman, and it's not because she had a sex drive.

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Speaker 1: Her sex drive did not kill her. Another person killed her. Okay,

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Speaker 1: you know, Dodger Bethany. You know, normally I agree with you.

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Speaker 1: Normally I agree with you, But I don't know if

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Speaker 1: having sex in a ford escort by an apartment building

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Speaker 1: where you end up dead is quote engaging in a

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Speaker 1: sex act, because to me, it sounds like she was

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Speaker 1: raped and murdered. That's what it sounds like to me.

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Speaker 1: Take a listen to this. Our friends at Pigs eleven

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Speaker 1: residents say there was a party on the fourteenth floor

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Speaker 1: of the building. According to The Daily Voice, citing a

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Speaker 1: law enforcement official, the woman that died left the party

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Speaker 1: inside the building with a man and both went inside

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Speaker 1: of that vehicle. They had both taken prescription medication prior

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Speaker 1: to their encounter, according to the report. This long time

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Speaker 1: resident says she saw a large law enforcement response earlier

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Speaker 1: in the day. It was kind of scary coming out

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Speaker 1: and finding all the police cars, and then when I

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Speaker 1: returned three hours later, there was still his I was

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Speaker 1: even afraid to go in. There were so many things

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Speaker 1: that happen in life that you really can't assume or

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Speaker 1: make judgment on anybody's life. It's a sad thing. I

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Speaker 1: feel sorry for her in the family. Now on autopsy

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Speaker 1: is going to determine the cost of death. The Bergen

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Speaker 1: County Prosecutor's office asking anyone with information to come forward.

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Speaker 1: So there was a party, according to sources, upon the

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Speaker 1: fourteenth floor of a luxury apartment building. According to a

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Speaker 1: police this young teen girl leaves the party with a man.

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Speaker 1: They claimed both head taken prescription meds. I don't know

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Speaker 1: that they got into a car and that was the

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Speaker 1: end of it. This reminds me so much of Robert

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Speaker 1: Chambers the so called Preppy murder case. Take a listen.

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Speaker 1: The partially nude body of a young female is found

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Speaker 1: fiendishly posed in New York Central Park, the victim of

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Speaker 1: a savage beating and strangulation. That was the word of

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Speaker 1: the real psychobet. Police identify her as a popular eighteen

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Speaker 1: year old Soho resident from a wealthy family. It was

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Speaker 1: a terrible, terrible time for the family and for the

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Speaker 1: loved ones. Friends tell police of her companion on the

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Speaker 1: previous night, a strikingly handsome nineteen year old casual acquaintance,

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Speaker 1: one who appears to have deep, fresh scratches on his

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Speaker 1: face and body. They look like scratch marks for a

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Speaker 1: human ass and arrest is made. And when the media

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Speaker 1: gets a glimpse of the seemingly wholesome, well dressed nineteen

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Speaker 1: year old, they dubbed him the Preppy killer. He came

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Speaker 1: across as being a magnetic, interesting person because he was

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Speaker 1: just so good looking. But how could an innocent teenage

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Speaker 1: tryst looks like someone's got like and in murder, no

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Speaker 1: one deserves what happened there, sensational tales of drugs, alcohol

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Speaker 1: and sadistic sex will emerge. Well, tales t a LS

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Speaker 1: is pretty much what that is, an intricate web of

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Speaker 1: tales in which that victim and eighteen year old girl,

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Speaker 1: Jennifer Levin was also sullied in the media. That was

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Speaker 1: from our friends at AMC. They're special called the Preppie murder,

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Speaker 1: and now it's happening all over again. Straight out to

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Speaker 1: the Medical Examiner for the State of Florida, doctor Tim Gallagher.

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Speaker 1: Doctor Gallagher, it seems to me that this woman is

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Speaker 1: basically being slut shamed. I guess is the new term

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Speaker 1: for it. I don't allow that word in our home,

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Speaker 1: but that's what's being done to this girl, Francis Victoria Garcia.

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Speaker 1: She went to a party. She may or may not

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Speaker 1: have taken a prescription drug. That's just a report from partygoers.

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Speaker 1: I don't know what they know. How can you tell

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Speaker 1: if this woman, this young girl, was raped or whether,

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Speaker 1: as they say, it was consensual sex. There are a

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Speaker 1: few ways we can tell that a woman was raped.

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Speaker 1: Number One, a sexual assault kid would have to be

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Speaker 1: performed and samples of her vaginal area would have to

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Speaker 1: be taken, as well as samples from anal and oral areas.

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Speaker 1: And then if it was forced sex, you would notice

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Speaker 1: on the inner part of her thighs bruising or some

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Speaker 1: contusions that typically do not become consistent with consensual sex.

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Speaker 1: So any bruising around the mouth area, of the rectal

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Speaker 1: area or the vaginal area can certainly lend support that

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Speaker 1: this was a forced sexual accounter versus when that was consensual.

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Speaker 1: What do you think is this girl being dragged through

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Speaker 1: the mud? This is what I know. He is a lie,

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Speaker 1: she is dead. Doesn't sound like consensual sex to me.

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Speaker 1: This is crime stories. Crime stories with Nancy Grace Endlongs

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Speaker 1: were immediately rough sex in awe. He says, she was

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Speaker 1: trying to have her way with me. But the truth

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Speaker 1: will be more disturbing than any tablai could ever dream up.

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Speaker 1: It's only very callous stranger that needs body. It closed

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Speaker 1: in that it was enthralling to the media to meet

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Speaker 1: Robert Chambers, just your average ladies man until murder made

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Speaker 1: him famous. That from our friends at a see the

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Speaker 1: Preppy Murder special, and it's deja vu. Now a nineteen

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Speaker 1: year old girl Frances Victoria Garcia found dead half clothed

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Speaker 1: in a Ford escort, and instead of people reporting on

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Speaker 1: the guy she was with, it's all about her what

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Speaker 1: she did wrong. Now, you were just hearing about the

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Speaker 1: preppy murder as it was monikered, and I think that

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Speaker 1: was quite the euphemism, like putting perfume on a pig.

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Speaker 1: It was not a preppy murder. It was a violent strangulation,

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Speaker 1: death and rape where that victim, Jennifer Levin's body was

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Speaker 1: left half clothed in central Parkner underwear, about fifty feet

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Speaker 1: away from her body. Under her nails, there was a

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Speaker 1: treasure trove of DNA where she scratched at Robert chambers

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Speaker 1: hands to make him let go of her neck, but

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Speaker 1: he did not. Robert Chambers nicknamed the Preppie killer, that

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Speaker 1: in itself irritates the heck out of me. Bethanie Marshall,

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Speaker 1: the Preppie Killer is that's wrong? That's like Colin Jack

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Speaker 1: the Ripper, a nice but misled gynecologist. Well, I think

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Speaker 1: that whoever's reporting on these crimes does not want to

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Speaker 1: use the appropriate verbiage predator, rapist, homicidal, maniac sadist. You know,

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Speaker 1: to put your hands around a woman's neck and to

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Speaker 1: suffocate her to death, to asphyxiate her, means you have

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Speaker 1: enormous rage, and that this is no longer about sex.

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Speaker 1: This is about luring someone to a certain place so

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Speaker 1: that you can predate against them. So, this poor nineteen

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Speaker 1: year old young woman at the beginning of her life,

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Speaker 1: was lured from a party by a rapist. And that

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Speaker 1: is really what we're talking about today, a rapist and

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Speaker 1: an innocent young woman. And we need to be clear

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Speaker 1: about what we're talking about. John Cardillo, former NYPD host

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Speaker 1: of America, talks on Newsmax TV. John NYPD, you were

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Speaker 1: there when Jennifer Levin's house naked body was covered in

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Speaker 1: bruises and bite marks and cuts, was found by a

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Speaker 1: bicyclist in Central Park, right at Fifth Avenue and eighty three,

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Speaker 1: where all the rich people live in Manhattan, right behind

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Speaker 1: the Metropolitan Museum of Art. Clothing from Levin's upper body

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Speaker 1: was pushed up around her neck, her skirt was around

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Speaker 1: her waist. She had been strangled. There were multiple cuts

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Speaker 1: and bruises on her neck from the strangulation from her

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Speaker 1: own fingernails as she clawed at Robert chambers hands, trying

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Speaker 1: to save her own life. And we learned that later

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Speaker 1: Robert Chambers, a so called preppy killer, went and hid

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Speaker 1: and watched as police officer found her underwear about fifty

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Speaker 1: yards away. Do you remember when that happened, John Cardilou, Yeah,

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Speaker 1: Now I was younger than I, but it was a

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Speaker 1: big teaching case for us in the academy. The NYPD

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Speaker 1: Crime Scene Unit used it, and then later on I

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Speaker 1: was actually trained when I was in service on the

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Speaker 1: street by one of the detectives on the case. There

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Speaker 1: were similarities, but many many differences in these two cases

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Speaker 1: in terms of police response. You have to go back.

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Speaker 1: This was the nineteen eighties in New York City, pre

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Speaker 1: Rudy Giuliani implementing some new policies that reduced crime, and

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Speaker 1: you just nailed at Nancy. Now you had the murder

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Speaker 1: of a young white woman in a very ritzy area,

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Speaker 1: arguably some of the highest real estate value in the world.

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Speaker 1: So the detectives were mobilized, but it was a much

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Speaker 1: more evident crime scene of a crime, and at the

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Speaker 1: time crime was high in New York and so all

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Speaker 1: indicators pointed to foul play. There clearly a beaten victim.

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Speaker 1: It was clearly sexual will solve you didn't even need

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Speaker 1: the recon But I don't get it. Then why did

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Speaker 1: he get the euphemistic nickname preppy killer Wendy Patrick? You

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Speaker 1: know what? Here's the deal with rape, all right? And

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Speaker 1: I've tried many many rape cases before I had DNA evidence,

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Speaker 1: we had blood type. I could show the rapist was,

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Speaker 1: you know, a b BE positive blah blah blah blah.

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Speaker 1: But that was it. There was no DNA at that time.

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Speaker 1: It was just on the CUSP before DNA was used

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Speaker 1: in court. Here's how it goes. First of all, the

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Speaker 1: guy says, I've never seen her in my life. Okay, Then, oh,

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Speaker 1: here's the picture of you guys at a party together.

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Speaker 1: Oh her? Oh yeah, right, I don't remember her being

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Speaker 1: at the party, But if you've got a picture, then

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Speaker 1: I guess we attended the same party. Well, witnesses say

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Speaker 1: you left the party together. She may have left behind me,

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Speaker 1: but I don't. I did not leave any party with her.

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Speaker 1: She may have left around the same time as me,

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Speaker 1: but that I didn't leave with her. Well, here you

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Speaker 1: are on apartment surveillance video walking out arm in arm

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Speaker 1: oh her, yes, Okay, now I remember we did leave together. Well,

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Speaker 1: but we didn't have sex. Well, your fingerprints are on

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Speaker 1: her car and inside the dash of her car, right right,

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Speaker 1: and your DNA matches the seamen right. You know what,

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Speaker 1: It's all coming back to me. We did have sex,

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Speaker 1: but it was consensual. It's totally some consensual. In fact,

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Speaker 1: she practically raped me. That's how it goes, Wendy Patrick. Yeah, Nancy,

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Speaker 1: you know that chronology outlines probably the majority of the

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Speaker 1: rape cases we see because most of them end up

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Speaker 1: having a consent defense. We see that far more often

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Speaker 1: than a stranger jumping out of the bushes and dragging

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Speaker 1: a woman into an alley. Not that that doesn't happen,

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Speaker 1: but Nancy, more often than not, as I think all

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Speaker 1: of us on the call can agree, that's the way

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Speaker 1: we see it most often, as it goes from denial

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Speaker 1: and it slides towards the consent defense. But let me

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Speaker 1: bring up a couple of things that distinguishes cases life

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Speaker 1: we're discussing, and your previous guests really sort of accused

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Speaker 1: this up very well. So Bethany Marshall brought up this

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Speaker 1: point about the rage that must be required for the

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Speaker 1: sustained pressure necessary to kill by choking. Doctor Gallagher talks

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Speaker 1: about the fact that you can tell somebody had sex

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Speaker 1: and Brewises lends support. But still there are potential defenses

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Speaker 1: that we've all heard raised in court that might even

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Speaker 1: call close into question. So what do we do. We

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Speaker 1: have to almost prove this circumstantially, as my friend John

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Speaker 1: Cardillo were in the hard way back at NYPD with

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Speaker 1: some of these terrible cases. But in what we're looking at,

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Speaker 1: where it's maybe acquaintance rate, maybe it's a case where

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Speaker 1: two people just met or they don't know each other

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Speaker 1: very well, it is going to be all circumstantial. And

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Speaker 1: even Nancy, you and I both we're trying these cases

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Speaker 1: before DNA was helping, Still there was this circumstantial evidence

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Speaker 1: available not only to prove a sexual encounter, but also

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Speaker 1: to help to prove whether or not there was consent.

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Speaker 1: That's the issue here. And then here's the next kicker,

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Speaker 1: Doctor Tim Gallagher the medical examiner for the state of Florida.

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Speaker 1: And I say it in that way because in many

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Speaker 1: jurisdictions you have a medical examiner for each county. Gallagher

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Speaker 1: is a medical examiner for the entire state of Florida.

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Speaker 1: That is nothing to sneeze at, doctor Gallagher. To further

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Speaker 1: complicate the consent issue, you know, in the past, when

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Speaker 1: the victim would be covered in cuts and bruises, they're

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Speaker 1: her clothes torn, that would be evidence of forcible rape.

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Speaker 1: But now the predator, the defendant says, oh, she wanted

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Speaker 1: rough sex, that that's what happened. So, Doctor Gallagher, in

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Speaker 1: this case, what evidence do you see on Francis Victoria

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Speaker 1: Garcia's body that would indicate a violent rape. Well, there

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Speaker 1: can be several, you know, one of the others. Not

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Speaker 1: only when we receive the body, we also inspect the clothing,

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Speaker 1: and we inspect the clothing for unnatural tears in the clothing,

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Speaker 1: forced openings of the zippers and buttons, buttons that might

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Speaker 1: be missing, blood that might be on the clothing. We

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Speaker 1: photographed the clothing and a lot of the times the

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Speaker 1: damage of the clothing, we can match that up to

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Speaker 1: injuries on the body and that would give us a

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Speaker 1: very good supporting evidence that the person was attacked or

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Speaker 1: physically assaulted. And not to mention the fact that this

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Speaker 1: victim actually had fingerprint marks on her neck. And oh,

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Speaker 1: by the way, just food for thought did I mention

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Speaker 1: that the date? Twenty one year old Michael Gaffney allegedly

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Speaker 1: posted a picture of Frances Victoria's dead body on Snapchat

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Speaker 1: before he called for help, and he put under the

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Speaker 1: picture just ft this bitch. She passed out. I don't

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Speaker 1: know what to do. Crime stories with Nancy Grace oh here.

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Speaker 1: In August nineteen eighty six, Robert Chambers made headlines for

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Speaker 1: killing his friend Jennifer Levin in New York's Central Park.

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Speaker 1: I didn't mean to hurt her. I liked her very much.

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Speaker 1: He was handsome and privileged, and the press called him

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Speaker 1: the preppy killer. But to police, he was just a

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Speaker 1: nineteen year old kid with an unlikely story that seemed

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Speaker 1: to blame the victim for her own killing. Raving you

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Speaker 1: when the block with me without my consent. He always

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Speaker 1: said he struck her to make her stop. Police never

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Speaker 1: believed that story, and Chambers was charged with murder. He

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Speaker 1: pled guilty to first degree manslaughter and served fifteen years

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Speaker 1: in prison. When he was released, he gave his only

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Speaker 1: interview to Troy Roberts of forty eight Hours. I was

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Speaker 1: responsible for her death. You are hearing our friends at

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Speaker 1: AMC's their special the preppy murderer that was in the eighties,

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Speaker 1: but believe it or not, it's happened again, and once again.

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Speaker 1: The victim, the rape and murder victim eighteen girl, she's

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Speaker 1: just nineteen, Francis Victoria Garcia, absolutely beautiful, is being treated

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Speaker 1: like the worst tramp ever. No one seems to be

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Speaker 1: focusing on the killer. Michael Gaffney, Did you hear what

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Speaker 1: I just mentioned that? Before he calls the police, Gaffney

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Speaker 1: allegedly posts a photo Francis Victoria's dead body on Snapchat

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Speaker 1: before he calls for help. Quote this is what he

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Speaker 1: puts under her picture, just ft this bitch, she passed out.

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Speaker 1: I don't know what to do. How dare he I'm

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Speaker 1: looking at this guy and I'm looking at her, and

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Speaker 1: it's just overwhelming me. The senselessness of this death is

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Speaker 1: a murder. He says that they had quote rough sex

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Speaker 1: and a car, posting the photo of her dead naked

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Speaker 1: body on Snapchat before calling for help. Gaffing is twenty one.

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Speaker 1: He's from Maywood. She Frances Victoria, just nineteen, found dead

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Speaker 1: in a car parked in a detached parking lot and

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Speaker 1: a luxury high rise and Hackensack following a party. This

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Speaker 1: photo that he posted on social media is so disturbing.

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Speaker 1: What does it mean to you? Renounced like, oh, Alice

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Speaker 1: joining me out of la Doctor Bethany Marshall, Bethany, what

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Speaker 1: does it mean to you? Well, what this means to

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Speaker 1: me is that I think of rapist hypologies, there are

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Speaker 1: very specific delineations in terms of type of rapists. Seventy

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Speaker 1: three percent of rapists know their victims, and where they

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Speaker 1: know their victims, they tend to be less violent and

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Speaker 1: just more coercive interpersonally. But when there is a stranger rape,

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Speaker 1: usually the perpetrator is abusing substances and the nature of

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Speaker 1: the rape tends to be much more violent and much

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Speaker 1: more aggressive. And I'm going to assume that this twenty

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Speaker 1: one year old did not know this victim prior to

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Speaker 1: the party, that he selected her. During the party, he

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Speaker 1: was already in the mood to rape. He had aggression

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Speaker 1: towards women, hated women, wanted to have power over women.

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Speaker 1: Because another type of rapist is the power reassurance rapist.

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Speaker 1: That's the one who has power over the woman in

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Speaker 1: order to assure himself with his own masculinity. The rapist

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Speaker 1: who rapes a stranger usually is expressing hostility towards all

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Speaker 1: women in general. They don't always kill, but sometimes they do. So.

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Speaker 1: Not only is this young man a rapist, but he's

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Speaker 1: also homicidal. I would want to know about his history

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Speaker 1: of violence and his history of substance abuse. I'm sure

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Speaker 1: that there are both. Well, he does have that history

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Speaker 1: of substance abuse. Doctor Bethany, you get that nail on

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Speaker 1: the head, Okay, But I'm asking specifically about to you,

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Speaker 1: Wendy Patrick. You and I both prosecuted a lot of

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Speaker 1: rape cases. The fact that he posted this just after

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Speaker 1: this bitch she passed out, I don't know what to do.

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Speaker 1: He writes on Snapchat for the world to see, and

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Speaker 1: he told friends who were in the contacted friends in

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Speaker 1: the area and told them Frances Victoria was not breathing

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Speaker 1: after he posted the Snapchat photo. Yeah, I hate to

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Speaker 1: say it's a sign of the times that we have

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Speaker 1: this kind of absolutely callous boasting of just despicable actions.

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Speaker 1: As you say, you know, perhaps it's you know, many

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Speaker 1: young people might be desensitized, and I shouldn't pick on

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Speaker 1: the young people. You know, we read these types of

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Speaker 1: things online and we tend to let our conclusions just

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Speaker 1: sort of go verdict. First, you can imagine as a

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Speaker 1: defense attorney, which is, by the way, the way I

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Speaker 1: started my career, you can imagine this being spun to indicate, well,

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Speaker 1: obviously this was a very unprincipled manner of saying, I'm

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Speaker 1: not sure what to do this woman passed out. But

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Speaker 1: that's not the visceral reaction, Nancy, as you wisely point

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Speaker 1: out that jurors are going to have, They're going to

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Speaker 1: be more in line with how in the world could

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Speaker 1: you possibly say something like this? And Nick really goes

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Speaker 1: back to what's the relationship between the parties? And as

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Speaker 1: doctor Bethany Marshall points out, it does also speak to

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Speaker 1: acquaintances who just met leaving a party together, rather than

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Speaker 1: any kind of established relationship, which will play into the

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Speaker 1: rest of the narrative. This man may be the proverbial

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Speaker 1: axe murderer next door who nobody really knew much about,

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Speaker 1: which again ties right into the preppy murder as well. Well.

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Speaker 1: Another issue is that they're in her car. John Cardillo,

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Speaker 1: host of America, talks on Newsmax TV former NYPD it

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Speaker 1: sounds to me that she was walking to her car.

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Speaker 1: He may have acted like he was escorting her to

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Speaker 1: her car and then attacked her. That's what I believe happened.

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Speaker 1: They're not in his car. It's not like he was

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Speaker 1: taking her out to, you know, go out for a

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Speaker 1: late night breakfast or anything like that. She was raped

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Speaker 1: and murdered in her car. Does is that significant or not?

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Speaker 1: John Cardillo, you know, Nancy, I'm gonna play devil's advocate here.

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Speaker 1: I don't have enough evidence yet to declare rape. He obviously,

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Speaker 1: from what we see, was responsible for the murder. He

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Speaker 1: admits that. But we don't have enough evidence for rape

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Speaker 1: because we've got Remember the initial news items on this

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Speaker 1: were they didn't know if it was an overdose or

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Speaker 1: something else, which indicates responding officers got a nine one

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Speaker 1: one call for an unresponsive female. They get Wait a minute,

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Speaker 1: why are you even saying that, Because we've now got

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Speaker 1: a partial autopsy that says cause of death is compression,

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Speaker 1: So why are you even bringing that up there? Saying

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Speaker 1: so then we learned a little bit more, just another

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Speaker 1: chance to try to trash the victim at all. I

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Speaker 1: don't think this girl did anything that wasn't the cause

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Speaker 1: of death though, So why are you bringing it up to.

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Speaker 1: What I'm saying is when the initial officers got there,

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Speaker 1: they had no idea. So then e MS takes the

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Speaker 1: body to the morgue, the medical examiner does their investigation.

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Speaker 1: They determined compressions to the neck killed her. We still

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Speaker 1: don't know if rape was a component, is all I'm saying.

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Speaker 1: What I'm saying is we now know. Oh so you

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Speaker 1: think they had a sweet session. You don't. I'm sorry,

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Speaker 1: hold on just a moment, Alexis Terress Chuck correct me

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Speaker 1: if I'm wrong, but it doesn't two plus two still

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Speaker 1: equal four, or if I lost my mind does and

426
00:27:35,160 --> 00:27:40,879
Speaker 1: she was bound with Bruis's contusions around her neck. You know,

427
00:27:41,800 --> 00:27:45,520
Speaker 1: I can't believe Cardillo said that a former cop A

428
00:27:46,200 --> 00:27:49,639
Speaker 1: you think this beautiful young girl was to go out

429
00:27:50,000 --> 00:27:53,560
Speaker 1: and a freezing cold parking lot and have sex with

430
00:27:53,640 --> 00:27:58,680
Speaker 1: a guy she barely knows and her Ford escort Nancy.

431
00:27:58,760 --> 00:28:01,120
Speaker 1: I mean, yeah, it doesn't have but in this world, yeah,

432
00:28:01,119 --> 00:28:05,760
Speaker 1: I guess it does. But you're you're really belittling her.

433
00:28:06,400 --> 00:28:09,919
Speaker 1: And plus the fact that she's strangled dead, what do

434
00:28:09,960 --> 00:28:12,479
Speaker 1: you think that she uh, that was consensual too? She

435
00:28:12,520 --> 00:28:15,360
Speaker 1: wanted to be strangled no, she was obviously the two

436
00:28:15,640 --> 00:28:17,400
Speaker 1: no no, no, no, you had your chance to two

437
00:28:17,440 --> 00:28:23,440
Speaker 1: are linked. She is still she's half naked, she's dead,

438
00:28:23,800 --> 00:28:25,679
Speaker 1: and the guy should go away for the rest of

439
00:28:25,680 --> 00:28:27,399
Speaker 1: his life if he did it, if we had the

440
00:28:27,440 --> 00:28:30,840
Speaker 1: death penalty, give it to him. But I just don't

441
00:28:30,920 --> 00:28:34,400
Speaker 1: see both things can be okay. Maybe, Wendy Patrick, maybe

442
00:28:34,440 --> 00:28:36,640
Speaker 1: I'm a little too angry at you and your lips

443
00:28:36,640 --> 00:28:39,800
Speaker 1: are still moving. That's why I don't understand. Wendy Patrick,

444
00:28:40,080 --> 00:28:42,960
Speaker 1: Please explain to him why this is not a consensual

445
00:28:43,080 --> 00:28:46,400
Speaker 1: sex stack. Her clothes are all torn up around her

446
00:28:46,520 --> 00:28:50,440
Speaker 1: her neck, and she's half clothed or skirts al yanked

447
00:28:50,520 --> 00:28:54,320
Speaker 1: up over her waist. She's in a public place, in

448
00:28:54,360 --> 00:28:57,680
Speaker 1: a detached parking garage with the guy she hardly knows,

449
00:28:58,080 --> 00:29:01,520
Speaker 1: and she's dead. Yeah. I think what John was trying

450
00:29:01,520 --> 00:29:03,000
Speaker 1: to do is lay out what the defense and what

451
00:29:03,080 --> 00:29:06,000
Speaker 1: the prosecution is going to have to overcome with full

452
00:29:06,040 --> 00:29:09,440
Speaker 1: knowledge that we have a circumstantial evidence that makes it rape.

453
00:29:09,440 --> 00:29:11,600
Speaker 1: And that's part of what you also, you know, doctor

454
00:29:11,600 --> 00:29:14,280
Speaker 1: Gallagher said this as well. You look for tears and clothing,

455
00:29:14,320 --> 00:29:16,840
Speaker 1: for blood, for it signs of fourth entry. If you will,

456
00:29:16,880 --> 00:29:18,360
Speaker 1: you know the kinds of things that make it seem

457
00:29:18,400 --> 00:29:21,160
Speaker 1: like there is no element of consent. And part of

458
00:29:21,160 --> 00:29:22,760
Speaker 1: the thing you also are going to look at is

459
00:29:23,080 --> 00:29:25,920
Speaker 1: this was a freezing night in a parking garage in

460
00:29:26,040 --> 00:29:30,280
Speaker 1: her car, not the kind of consensual atmosphere that you

461
00:29:30,320 --> 00:29:33,240
Speaker 1: would imagine if in fact this is consensual. Say oh please,

462
00:29:34,600 --> 00:29:39,880
Speaker 1: it's not like it's got scented candles and playing jazz

463
00:29:40,080 --> 00:29:42,720
Speaker 1: music in the background. For Pete, say you know what,

464
00:29:42,840 --> 00:29:47,680
Speaker 1: John Cardillo, I thought. I need you listen. You're misinterpreting

465
00:29:47,680 --> 00:30:03,040
Speaker 1: what I'm saying I really did until right now. Crime

466
00:30:03,120 --> 00:30:08,440
Speaker 1: Stories with Nancy Grace. A man from Maywood is under

467
00:30:08,560 --> 00:30:11,920
Speaker 1: arrest tonight after a nineteen year old woman is found

468
00:30:11,960 --> 00:30:15,400
Speaker 1: dead in her car at around two this morning in Hackensack.

469
00:30:15,960 --> 00:30:20,560
Speaker 1: Michael Gaffney facing reckless manslaughter. Authorities say they could not

470
00:30:20,680 --> 00:30:25,880
Speaker 1: revive Victoria Garcia in autopsy finding she had quote compression

471
00:30:26,000 --> 00:30:29,160
Speaker 1: injuries to her neck. Authorities say she was in the

472
00:30:29,200 --> 00:30:32,200
Speaker 1: backseat of her car with Gaffney, who will stay in

473
00:30:32,280 --> 00:30:37,680
Speaker 1: prison until his next court date. Reckless manslaughter? What did

474
00:30:37,720 --> 00:30:42,080
Speaker 1: I just hear? Reckless manslaughter? Premeditated murderer is when you

475
00:30:42,160 --> 00:30:48,080
Speaker 1: have intent to commit the act that results in death fire.

476
00:30:48,440 --> 00:30:50,800
Speaker 1: I hold up a gun to Jackie Howard here in

477
00:30:50,800 --> 00:30:55,280
Speaker 1: the studio with me and pull the trigger. The law presumes,

478
00:30:55,760 --> 00:30:58,920
Speaker 1: assumes that I at and the natural consequence of my act.

479
00:30:59,720 --> 00:31:01,480
Speaker 1: I can't just say, oh, I just meant to scare

480
00:31:01,520 --> 00:31:04,480
Speaker 1: her by shooting her in the head. He can't say,

481
00:31:04,880 --> 00:31:07,760
Speaker 1: I just meant to what have rough sex and continue

482
00:31:07,800 --> 00:31:10,560
Speaker 1: compressing her neck until she was dead. He had plenty

483
00:31:10,600 --> 00:31:14,760
Speaker 1: of time to form premeditation. Premeditation under the law, like

484
00:31:15,000 --> 00:31:17,640
Speaker 1: it or not, can be formed in an instant and

485
00:31:17,720 --> 00:31:19,560
Speaker 1: the time it takes you to pull a trigger, it

486
00:31:19,600 --> 00:31:23,600
Speaker 1: takes several minutes to strangle someone dead. You were just

487
00:31:23,720 --> 00:31:25,959
Speaker 1: hearing our friends. I'm not blaming the messenger or that

488
00:31:26,040 --> 00:31:30,680
Speaker 1: was Nick Medanus at News twelve New Jersey. But I

489
00:31:30,680 --> 00:31:33,560
Speaker 1: don't get why this is reckless manslaughter. Oh oh no,

490
00:31:34,520 --> 00:31:38,840
Speaker 1: this is murder. Doctor Tim Gallagher, the medical examiner for

491
00:31:38,880 --> 00:31:42,560
Speaker 1: the State of Florida. Doctor Gallagher tell me how long

492
00:31:42,560 --> 00:31:47,960
Speaker 1: it takes to strangle someone dead. Manuel's strangulation and what

493
00:31:48,120 --> 00:31:53,320
Speaker 1: are compression fractures. Well, in order to strangle somebody until

494
00:31:53,320 --> 00:31:56,800
Speaker 1: they're dead, of their blood supply with the oxygen supply

495
00:31:56,840 --> 00:31:58,440
Speaker 1: has to be cut up to their brain for longer

496
00:31:58,440 --> 00:32:01,880
Speaker 1: than three minutes, So it's a very long drawn out

497
00:32:01,960 --> 00:32:05,040
Speaker 1: process that's very intimate. You're very close to the person,

498
00:32:06,680 --> 00:32:09,320
Speaker 1: you know, so it's not a quick thing. It's about

499
00:32:09,320 --> 00:32:11,520
Speaker 1: three or four minutes that you have to maintain that

500
00:32:12,080 --> 00:32:15,960
Speaker 1: restrictive compression around their neck. And then fractures around the

501
00:32:16,040 --> 00:32:19,640
Speaker 1: neck due to compression are often the highoid bone. So

502
00:32:19,720 --> 00:32:22,720
Speaker 1: the highoid bone is a very thin small bone that's

503
00:32:22,800 --> 00:32:25,960
Speaker 1: in the front portion of the neck extending around the

504
00:32:26,000 --> 00:32:29,640
Speaker 1: sides of it, and the hand or the object that

505
00:32:29,720 --> 00:32:33,040
Speaker 1: compresses the neck would often fracture that highoid bone and

506
00:32:33,280 --> 00:32:38,360
Speaker 1: therefore supporting evidence that the person was manually strangled. I'm

507
00:32:38,400 --> 00:32:44,160
Speaker 1: just not understanding where they're getting the theory of reckless manslaughter.

508
00:32:44,200 --> 00:32:45,920
Speaker 1: I mean, I think there's a chance you could get

509
00:32:45,920 --> 00:32:49,360
Speaker 1: straight probation on that. On a reckless manslaughter. That's when

510
00:32:49,400 --> 00:32:51,800
Speaker 1: you have a crash. You're not drunk, you have a

511
00:32:51,800 --> 00:32:56,840
Speaker 1: crash as somebody dies. This is premeditated. He had how

512
00:32:56,920 --> 00:32:59,120
Speaker 1: long did you say, doctor Gallaght takes his strangle somebody

513
00:32:59,160 --> 00:33:01,680
Speaker 1: did a general it's going to be greater than three minutes.

514
00:33:01,720 --> 00:33:04,959
Speaker 1: So for three minutes, I mean, the law is Wendy Patrick.

515
00:33:05,320 --> 00:33:07,440
Speaker 1: Premeditation can be formed in an instant. Why are they

516
00:33:07,440 --> 00:33:10,280
Speaker 1: cutting this guy a break, given him reckless manslaw or charges?

517
00:33:10,320 --> 00:33:11,600
Speaker 1: This says to go to grant Ury and get a

518
00:33:11,640 --> 00:33:13,840
Speaker 1: murder show. Yeah, I think is maybe a function of

519
00:33:13,840 --> 00:33:15,360
Speaker 1: what you and I have seen during the course of

520
00:33:15,360 --> 00:33:17,680
Speaker 1: our careers is sometimes you need to gather as much

521
00:33:17,680 --> 00:33:19,400
Speaker 1: evidence as you can before you can bump it up

522
00:33:19,440 --> 00:33:22,000
Speaker 1: to the next level. And maybe that's part of the

523
00:33:22,040 --> 00:33:24,080
Speaker 1: analysis here. You always wonder that, you know, you look

524
00:33:24,120 --> 00:33:26,200
Speaker 1: at the facts as are reported, and then you see

525
00:33:26,240 --> 00:33:28,680
Speaker 1: what's been charged, and you see the discrepancy. But we

526
00:33:28,800 --> 00:33:30,960
Speaker 1: all know that, you know, because we're not privy to

527
00:33:31,040 --> 00:33:34,520
Speaker 1: the inner workings and conversations and legal analysis. Maybe there

528
00:33:34,560 --> 00:33:38,360
Speaker 1: are stronger charges coming once certain test results or once

529
00:33:38,440 --> 00:33:41,280
Speaker 1: more evidence is available. But you're right, that certainly will

530
00:33:41,320 --> 00:33:43,760
Speaker 1: be something to consider because it sure does look one way,

531
00:33:43,760 --> 00:33:46,760
Speaker 1: and yet the charges seemed to insinuate something less man

532
00:33:46,880 --> 00:33:49,719
Speaker 1: appears facially obvious. I think she's being punished because she

533
00:33:49,840 --> 00:33:52,440
Speaker 1: may have been drinking at the party and may have

534
00:33:52,520 --> 00:33:56,960
Speaker 1: taken prescription drugs. I think she's being punished and shamed

535
00:33:57,200 --> 00:34:00,640
Speaker 1: even in death. It's happening all over again. Did we

536
00:34:00,720 --> 00:34:05,840
Speaker 1: learn nothing from Robert Chambers and Jennifer Levin's murder, the

537
00:34:06,160 --> 00:34:09,680
Speaker 1: so called preppie killer. Listen, I was responsible for her death,

538
00:34:10,360 --> 00:34:13,200
Speaker 1: There's no question about that. You admitted guilt, but you

539
00:34:13,280 --> 00:34:16,080
Speaker 1: did not intend to kill her. I don't believe I

540
00:34:16,120 --> 00:34:19,680
Speaker 1: intended to kill her at all. Everything he said about

541
00:34:19,719 --> 00:34:26,000
Speaker 1: how she died is absolutely untrue. She was frantically fighting

542
00:34:26,000 --> 00:34:30,759
Speaker 1: for her life. Am I a monster? No? If I

543
00:34:30,800 --> 00:34:33,320
Speaker 1: were a monster, I wouldn't care. Yes, you are a monster.

544
00:34:34,160 --> 00:34:38,720
Speaker 1: You are a monster. You are evil, and that wasn't

545
00:34:38,719 --> 00:34:41,520
Speaker 1: your first defense. I'm talking about Robert Chambers. You were

546
00:34:41,560 --> 00:34:44,160
Speaker 1: just saying you were sorry because you were talking to

547
00:34:44,320 --> 00:34:46,960
Speaker 1: forty eight hours Rick Salinger, and you want everybody to

548
00:34:46,960 --> 00:34:49,880
Speaker 1: hear that feel sorry for you. But in this case,

549
00:34:49,960 --> 00:34:53,680
Speaker 1: it's happening, is playing out all over again. Frances Victoria Garcia,

550
00:34:54,000 --> 00:35:00,920
Speaker 1: just nineteen years old, is dead, half clothed with Prussian fractures,

551
00:35:00,960 --> 00:35:04,920
Speaker 1: straggled so hard that most likely her highoid bow there

552
00:35:04,920 --> 00:35:09,000
Speaker 1: were actually fractures in her neck, and now we've got

553
00:35:09,120 --> 00:35:16,359
Speaker 1: just a reckless manslaughter charge. Really, I'm stunned. Listen to this.

554
00:35:16,640 --> 00:35:19,320
Speaker 1: Go fund me has pulled the plug on a fundraiser

555
00:35:19,400 --> 00:35:22,360
Speaker 1: set up for a man charged with reckless manslaughter. Michael

556
00:35:22,440 --> 00:35:25,040
Speaker 1: Gaffney was arrested over the weekend in connection to the

557
00:35:25,080 --> 00:35:28,880
Speaker 1: death of nineteen year old Victoria Garcia. Gaffney's family had

558
00:35:28,920 --> 00:35:31,400
Speaker 1: created the gofund maid to raise money for his defense.

559
00:35:31,719 --> 00:35:34,279
Speaker 1: The site shot down the page, sitting a violation of

560
00:35:34,280 --> 00:35:38,040
Speaker 1: its policy, which bans raising money for legal defenses involving

561
00:35:38,120 --> 00:35:41,680
Speaker 1: violent crimes. Guys, this guy not only kills a nineteen

562
00:35:41,760 --> 00:35:43,480
Speaker 1: year old girl. Oh, by the way, that's News twelve

563
00:35:43,520 --> 00:35:48,760
Speaker 1: New Jersey anchor Christina Bear, but Alexis Terreschuk, investigative reporter,

564
00:35:48,800 --> 00:35:51,839
Speaker 1: writer online dot com, he actually starts to go fund

565
00:35:51,840 --> 00:35:54,560
Speaker 1: me to raise money for himself. Yep. His family set

566
00:35:54,560 --> 00:35:56,120
Speaker 1: it up hoping that they could get some money. They

567
00:35:56,120 --> 00:35:58,520
Speaker 1: actually started getting money, and then luckily go fund me

568
00:35:58,600 --> 00:36:01,160
Speaker 1: set it down, shut it down. The thing that's so

569
00:36:02,120 --> 00:36:05,759
Speaker 1: amazing in this case is that the judge, as you were,

570
00:36:06,239 --> 00:36:10,440
Speaker 1: was furious about this snapchat posts that he made and

571
00:36:10,520 --> 00:36:12,960
Speaker 1: said that is the reason he wasn't going to let

572
00:36:13,040 --> 00:36:16,319
Speaker 1: him out on bail because reckless manslaughter charges are not

573
00:36:16,840 --> 00:36:20,000
Speaker 1: first degree murder, and bail was a possibility for him,

574
00:36:20,200 --> 00:36:22,680
Speaker 1: and he said, you know this is disgusting. What you

575
00:36:22,719 --> 00:36:24,880
Speaker 1: have done is so disgusting. I am not even going

576
00:36:24,960 --> 00:36:27,200
Speaker 1: to allow you to have bail. So after she goes

577
00:36:27,280 --> 00:36:29,759
Speaker 1: lifeless or still, he takes a naked photo and post

578
00:36:29,800 --> 00:36:32,200
Speaker 1: it to thirty people. Could he have saved her life?

579
00:36:32,560 --> 00:36:36,000
Speaker 1: We wait as justice unfalls. Nancy Grace Crimes story, signing

580
00:36:36,040 --> 00:36:37,400
Speaker 1: off goodbye friend,