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Speaker 1: Crime Stories with Nancy Grace. Many people say that having

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Speaker 1: your first child, or being pregnant at that time is

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Speaker 1: the happiest time in a mother's life. And I remember

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Speaker 1: when I was pregnant with the twins. There were baby showers,

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Speaker 1: there were dreams, planning the nursery, looking at the sonograms,

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Speaker 1: just the joy of knowing and praying and believing in

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Speaker 1: everything good. And that leads me to the name is

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Speaker 1: sin Lisette agrilare expecting her baby, but that was not

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Speaker 1: meant to be. As she and her husband are out

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Speaker 1: walking trying to stay fit during the pregnancy, a drunk

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Speaker 1: driver literally goes up on the curb to mow her

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Speaker 1: down dead. We want justice. I'm Nancy Grace. This is

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Speaker 1: Crime Stories. Thank you for being with us here at

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Speaker 1: Fox Nation and Serious XM one eleven. Take a listen

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Speaker 1: to this. Twenty three year old Yessenia Aguilar and her

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Speaker 1: husband James were following doctor's advice taking a daily walk.

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Speaker 1: They were holding hands as they walked the sidewalk along

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Speaker 1: in Anaheim Street, talking about decorating their baby's room. After

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Speaker 1: two years of trying, the couple was expecting their first child,

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Speaker 1: a daughter, in just about a month. James Alvarez says

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Speaker 1: everything happened quickly. He and his wife heard screeching tires,

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Speaker 1: a roaring engine, and they saw a car lose control

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Speaker 1: and it wasn't stopping. Alvarez says he was trying to

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Speaker 1: move his wife out of the way, but they became separated.

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Speaker 1: Yesenia Aguilar was hit. Anaheim paramedics rushed her to a hospital,

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Speaker 1: where doctors performed an emergency cesarian section. The newborn baby girl, Adeline,

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Speaker 1: was admitted in critical condition to UCI's Neonatal Intensive Care Unit.

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Speaker 1: Little Adeline fighting for her life. Joining me an all

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Speaker 1: star panel to break it down and put it back

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Speaker 1: together again. First of all, renowned criminal defense attorney joining

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Speaker 1: me out of New York. Randy Zelen Ze l I

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Speaker 1: n At Randy Zelenlaw dot com. Psycho analyst to the stars,

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Speaker 1: Joining me out of Beverly Hills. Doctor Bethany Marshall at

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Speaker 1: Doctor Bethany Marshall dot com, the founder and director of

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Speaker 1: the Cold Case Research Institute, but more important today, the

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Speaker 1: former director of Mad Mothers Against Drunk Driving, Georgia Cheryl McCullum.

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Speaker 1: Doctor Katherine Maloney, Deputy Chief Medical Examiner, Erie County Medical

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Speaker 1: Examiner's office in Buffalo and first to crime online dot

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Speaker 1: COM's investigative reporter Levi. Paige Levi, thank you for being

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Speaker 1: with us. Let me start with you explain to me

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Speaker 1: about the area where did this happen. It's Anaheim, California,

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Speaker 1: Southern California. Nancy, you know, I've taken a look at

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Speaker 1: where they were walking, and it's there's a lot of greenery.

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Speaker 1: There is a road arm fence that you'd see around

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Speaker 1: a park in big cities, beautiful roughd arn fence, a

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Speaker 1: lot of flowers looks like yellow day lilies, and beautiful

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Speaker 1: manicured shrubs leading up to the sidewalk. And wait a minute,

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Speaker 1: on top, on top of the shrubs, ramming into this

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Speaker 1: gorgeous wrought iron fence is a big white four door

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Speaker 1: jeep Cherokee. All right, what do we think happened? To

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Speaker 1: leave my page? So, Nancy, you just described this beautiful

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Speaker 1: area at seven thirty pm, and that's a perfect time

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Speaker 1: during the summer to go for a walk. The sun's

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Speaker 1: going down, and that's exactly what twenty three year old

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Speaker 1: mother to be Yasina Aguilar was doing. She was eight

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Speaker 1: months pregnant. She and her boyfriend James Alvarez, were taking

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Speaker 1: a stroll and they were having a conversation about baby

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Speaker 1: Adeline's room and how they were going to decorate it

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Speaker 1: and get it ready for her. The baby's name was

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Speaker 1: going to be Adeline Rose, beautiful name. When all of

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Speaker 1: the sudden, a jeep jump the curve of Catilla Avenue,

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Speaker 1: striking Yasina Aguilar, narrowly missing James Alvarez. To Cheryl McCollum,

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Speaker 1: former director of Mad Mother's Against Drunk Driving for the

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Speaker 1: entire state of Georgia. I'm also looking at a scene

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Speaker 1: where there's a sidewalk, a pretty big, nice wide sidewalk

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Speaker 1: with manicured green grass on either side. But this photo,

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Speaker 1: the sidewalk is literally smeared in blood, and I mean

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Speaker 1: a lot of it, and it looks like this blood

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Speaker 1: smear goes about fourteen feet. Cheryl McCollum, a former director

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Speaker 1: of Mothers Against Drunk Driving Georgia. Way in, there's absolutely

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Speaker 1: no excuse for anyone to drive drunk anymore. It used

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Speaker 1: to be that there were little towns like the towns

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Speaker 1: you when I grew up in we didn't have taxis. Correction,

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Speaker 1: it was not a town. It was literally a red

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Speaker 1: dirt road with a tree growing up in the middle

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Speaker 1: of it, in front of our home where my grandfather

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Speaker 1: literally dug the well. Okay, I wouldn't call that a

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Speaker 1: town or like an area. But are you saying about

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Speaker 1: you grew up there were no taxis. But now it

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Speaker 1: doesn't matter where you live. If you're in a farming community,

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Speaker 1: you still have an uber, you still have a lift.

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Speaker 1: There's somebody willing to give you a ride for just

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Speaker 1: a few dollars. In Buckhead, you can go back to

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Speaker 1: the hotels for two dollars. I mean, there's no excuse, Nancy.

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Speaker 1: You can do a couple of other things too. Here's

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Speaker 1: one walk home or here's another one. Don't go out

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Speaker 1: of your home and get drunk. Stay home and drink

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Speaker 1: as much as you want and pass out in the

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Speaker 1: then if you want to on the sofa. But to

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Speaker 1: drive drunk, now, there's no excuse at all for that

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Speaker 1: to be happening. And I just want to give you

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Speaker 1: one statistic, Nancy, to make this really clear to people.

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Speaker 1: Twenty nine bull a day die at the hands of

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Speaker 1: a drunk driver. Twenty nine people a day. And you

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Speaker 1: know what charable you and I were in the trenches

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Speaker 1: together fighting crime. You were in many many of my

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Speaker 1: calendar calls, and I would look at the defendants file.

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Speaker 1: Of course I only got them by the time it

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Speaker 1: was a felony. In other words, HV habitual violator, which

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Speaker 1: means they had been DUI five, six, eight times before

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Speaker 1: it finally turned into a felony, or it was vehicular

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Speaker 1: homicide where they were drunk and killed somebody, and I

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Speaker 1: would look. First thing I would do go back to

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Speaker 1: the back of the file and pull out a copy

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Speaker 1: of the indictment and look at the rap sheet, and

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Speaker 1: I would see DUI DUI, DUI d I D I

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Speaker 1: D D and finally somebody is dead. Guys, I want

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Speaker 1: you to take a listen. Learning a little bit more

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Speaker 1: from eye witnesses what happened at the saying this is

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Speaker 1: Mary Beth mcday KTLA five. The doctor told her, well,

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Speaker 1: you know the babies turn the face of the baby's

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Speaker 1: heads up. He should walk more to kind of make

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Speaker 1: her rotate, get her ready for pregnancy. He tells us

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Speaker 1: they were discussing curtains for the baby's room when they

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Speaker 1: heard a screeching sound on the sidewalk coming up behind them.

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Speaker 1: You see this car, his white suv just lose control

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Speaker 1: and he wasn't losing any momentum. I try to grab her,

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Speaker 1: try to pull it to me, he tells us. Somehow

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Speaker 1: his wife let go over his hand and was run

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Speaker 1: over by this white suv which continued down the sidewalk

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Speaker 1: to the crash into a fence and some bushes. And

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Speaker 1: it's like, what can I do? What can I done better?

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Speaker 1: The husband and wife walking along the sidewalk discussing the

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Speaker 1: curtains for the baby's room. The little baby set to

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Speaker 1: come in just a matter of weeks that was not

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Speaker 1: meant to be. Now a funeral for mommy, the baby

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Speaker 1: fighting for her life. You're hearing that the baby was

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Speaker 1: going to be born breach feet first, and the doctors

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Speaker 1: tell mommy and daddy. Husband and wife is Senia and

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Speaker 1: her husband that if she maybe, if she exercised and walked,

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Speaker 1: the baby could be born normally. Crime Stories with Nancy Grace,

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Speaker 1: we are talking about the brutal death of a young

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Speaker 1: mom to be is seniently set aglar, her baby fighting

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Speaker 1: for her life right now to doctor Catherine Maloney, Deputy

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Speaker 1: she Medical Examiner, Erie County Medical Examiner's Office, in Buffalo.

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Speaker 1: What does that mean to be born breach and how

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Speaker 1: would exercise have helped? That? Basically will be when a

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Speaker 1: baby is breach means that the babies not head down,

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Speaker 1: so facing the right way where the delivery will be easy.

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Speaker 1: So what sometimes can help as if the mother exercises,

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Speaker 1: the baby can rotate so that it's in the proper

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Speaker 1: presord the baby and the mother. It's so ironic to

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Speaker 1: me to doctor Bethany Marshall joining me out of la

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Speaker 1: at doctor Bethany Marshall dot com that they the mom

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Speaker 1: and dad were going through all of this to try

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Speaker 1: to have a healthy baby and a healthy mommy to

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Speaker 1: survive childbirth. This is her first baby and a breach

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Speaker 1: breach birth can end up in death for the baby

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Speaker 1: and the mom. And then how could you factor in

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Speaker 1: this person, Courtney Fritz Pandolphy. She didn't even slow down, Bethany,

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Speaker 1: did you hear what the dad said? Yes? And you

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Speaker 1: know where they were walking near Disneyland, the happiest place

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Speaker 1: on earth. And the mother, you sayin you was a

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Speaker 1: cast member there. I mean she was in a life

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Speaker 1: that was really organized around joy and happiness. As you

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Speaker 1: were talking about celebrating when you were pregnant with Lucy

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Speaker 1: and John David. It's one reality and then this other

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Speaker 1: horrible reality. I want to circle back to something. Cheryl

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Speaker 1: said that there's no reason to drive drunk with taxis

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Speaker 1: and with uber. But when you go inside the mind

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Speaker 1: of somebody with a substance abuse disorder the bar. Are

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Speaker 1: you trying to say that she didn't know what she

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Speaker 1: was doing because she had a substance abuse. I call it,

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Speaker 1: you know, going out for a big drunk that night.

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Speaker 1: You know you're just gonna drink and drink and drink

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Speaker 1: and drink and then pour yourself behind the wheel. Nancy,

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Speaker 1: you have a normal mind, That's why you're thinking that way.

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Speaker 1: The person with a substance abuse disorder rationalizes every single time,

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Speaker 1: I'm just gonna have one drink. I'm just gonna have

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Speaker 1: one glass or chardonnay, So they do not plan ahead

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Speaker 1: to take lift or uber or a taxi. Remember, rationalization

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Speaker 1: is one of the signs of substance abuse disorders. Rationalization, denial,

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Speaker 1: not thinking about potential harm to others, severe negative consequences

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Speaker 1: in social occupational functioning. These are the signs this person

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Speaker 1: did not drive to the bar, thinking she was going

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Speaker 1: to over drink. She drove to the bar thinking she

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Speaker 1: would have a quick glass of chardonnay and then go

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Speaker 1: home and cooked dinner for her family or something like that,

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Speaker 1: and by the time she became inebriated, she didn't even

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Speaker 1: remember there was lift uber or a taxi. Queen Mattie excuses,

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Speaker 1: this is not about jump in, and then we're gonna

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Speaker 1: join team, joined together, attack our defense attorney Randy Zellen

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Speaker 1: because Cheryl McCollum. Here's the deal. People go, oh, we

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Speaker 1: didn't mean to we were drunk. B s. You're the

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Speaker 1: one that knows you have a drinking problem. Whether you

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Speaker 1: do or not doesn't matter. You're the one that goes

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Speaker 1: to the bar. You're the one that orders a drink

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Speaker 1: after drink, after a drink, You're the one that reaches

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Speaker 1: in your pocketbook and gets your keys. You're the one

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Speaker 1: that walks to the car and locks the door, gets

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Speaker 1: in the car, shuts the door, keys in ignisition, crank

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Speaker 1: it up, put it in reverse, drive out. Every one

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Speaker 1: of those acts is premeditated under the law. Nazy, here's

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Speaker 1: the deal. I've never once met an alcoholic that didn't

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Speaker 1: know they were an alcoholic. They know it. Whether there's

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Speaker 1: pre planning involved, that's the issue. But let me tell

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Speaker 1: you something. This person got a DUI in two thousand

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Speaker 1: and eight, in two thousand and fifteen, in two thousand

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Speaker 1: and sixteen, and now unfortunately two and twenty. The average

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Speaker 1: person that gets a DUI has driven drunk three hundred

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Speaker 1: and twenty times before that first arrest. WHOA, why no

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Speaker 1: night stop? What what did you say? Before they get

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Speaker 1: their first DUI, they have driven three hundred and twenty

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Speaker 1: times while none of the influence without getting caught. So,

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Speaker 1: in other words, the first time you drink and drive,

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Speaker 1: it's not when you're caught. You drink and drive all

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Speaker 1: the time, and occasionally you get caught. And this person,

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Speaker 1: I am telling you, their job of it. Their personal

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Speaker 1: relationships show it, the way they function in their friendship

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Speaker 1: group and in their family circle. Everybody knows this person

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Speaker 1: is an alcoholic. Everybody knows it. I'm shocked they have

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Speaker 1: a license, insurance, or a car because they should not

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Speaker 1: have after two DUIs already, Well, Cheryl McCollum, thanks a

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Speaker 1: lot for that three hundred and twenty previous drunk drivings

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Speaker 1: before they get caught. I was just letting John David

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Speaker 1: rides by in the neighborhood. Well, that's all over three

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Speaker 1: hundred and twenty times before your first DUI to you,

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Speaker 1: Randy Zellen joining me r noow criminal defense attorney joining

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Speaker 1: me in the New York area at Randy Zellen Law

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Speaker 1: dot com. You know, I know your deal, Randy. Okay,

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Speaker 1: So you'll go in court and you would argue it

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Speaker 1: was an accident, it was just a crash. It's not

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Speaker 1: just a crash. This woman chose to go get drunk

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Speaker 1: at a bar and then she chose to drive, Randy Zellen.

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Speaker 1: So what I would do in a situation like this,

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Speaker 1: with the limited facts that are available to me right now,

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Speaker 1: I would look to take this case out of what

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Speaker 1: we call in California a Watson murder, and a Watson

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Speaker 1: murder is someone charged with a DWY coupled with a

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Speaker 1: fatal accident. That is how you get to murder two

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Speaker 1: and a minimum mandatory fifteen years to life sentence. So

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Speaker 1: I think the appropriate way to defend this case would

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Speaker 1: be to look to take this out of a murder

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Speaker 1: case and turn this into a manslaughter case. Because here,

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Speaker 1: if I can get out of the murder statue. I

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Speaker 1: am out of a mandatory minimum sentence, and I also

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Speaker 1: may be able to get this case into a misdemeanor.

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Speaker 1: The possibility stop stop stop stop stop cuts like Zell

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Speaker 1: and I haven't cut your mic in a long time.

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Speaker 1: But don't even say essenel Lazette, agrilare her baby fighting

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Speaker 1: for her life, cut out of the stomach at thirty

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Speaker 1: plus weeks. My children were premature, Irandia. I'm sure you

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Speaker 1: remember that they were in intensive care with wires in

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Speaker 1: every part of their body for weeks and weeks and weeks.

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Speaker 1: We didn't think Lucy was going to live. They were

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Speaker 1: so premature. And you actually said the word misdemeanor. I mean,

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Speaker 1: I'm hearing him. Did you not cut his mind? Keep it,

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Speaker 1: keep your finger on that button. Wait a minute, Cheryl McCollum,

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Speaker 1: I want you to hear our friend Mary Beth mcday

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Speaker 1: kt LA James Elverres, this world turned upside down last

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Speaker 1: night in the blink of an eye, the nightmare of

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Speaker 1: his twenty three year old pregnant wife, yes Andia Aguilar.

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Speaker 1: The doctor told her, well, you know, the babies turn.

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Speaker 1: The face of the baby sets up. You should walk

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Speaker 1: more to kind of make her rotate, get her ready

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Speaker 1: for pregnancy. He tells us they were discussing curtains for

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Speaker 1: the baby's room when they heard a screeching sound on

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Speaker 1: the sidewalk coming up behind them. You see, this car

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Speaker 1: is white as you can just lose control, and he

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Speaker 1: wasn't losing any more. Mientum a pullet to me, he

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Speaker 1: tells us. Somehow his wife left go of his hand

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Speaker 1: and was run over by this white suv which continued

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Speaker 1: down the sidewalk till a crash into a fence and

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Speaker 1: some bushes. Just like, what can I done? What can

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Speaker 1: I done better? He's going to go the rest of

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Speaker 1: his life wondering why did I live? And she died?

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Speaker 1: The mother of the baby? Crime Stories with Nancy Grace.

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Speaker 1: I'm Nancy Grace. This is Crime Stories, and I want

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Speaker 1: to thank you again for being with us here at

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Speaker 1: Fox Nation in series X one eleven. You know, at

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Speaker 1: the beginning, when I first started trying cases in Inner

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Speaker 1: City Atlanta, all felonies, I would try to sugarcoat it

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Speaker 1: because I thought the facts were so awful that I

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Speaker 1: realized there's no way to sugarcoat it. There's no way

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Speaker 1: to airbrush what happened. The blood all over that sidewalks

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Speaker 1: from mommy Asenia, She's dead. Cheryl McCollum, you know, you

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Speaker 1: and I have been together a long time, as have

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Speaker 1: many of the people on the panel right now. Do

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Speaker 1: you remember when I was pregnant with John David and

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Speaker 1: Lucy and you threw that big baby shower at your

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Speaker 1: mother in law's house and we were talking about how

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Speaker 1: I was decorating the children's room in New York and

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Speaker 1: the apartment so tiny and I had fit there two

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Speaker 1: cribs in one room, and how we had everything set

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Speaker 1: up for them and this special rug I found, and

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Speaker 1: I just can't imagine this hattening at a time like that.

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Speaker 1: I remember everything about that day and just the excitement

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Speaker 1: in the anticipation. It's like you said to me, you said,

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Speaker 1: leading up to them getting here, and you've been able

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Speaker 1: to hold them and everything you were like every day

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Speaker 1: is Christmas Eve, Like you're just so excited every day

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Speaker 1: because you know what fix it to happen. And you know,

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Speaker 1: you think all of this was taken from her for

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Speaker 1: what a couple of beers? This was taken from her

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Speaker 1: for a shot of Jack Daniels. What what was worth that,

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Speaker 1: and you got this baby that is struggling to breed

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Speaker 1: it own her own, that now has to go through

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Speaker 1: life without her mama. But so you can tie one on.

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Speaker 1: Doctor Catherine Maloney, Deputy Chief Medical Examiner, Buffalo. Doctor Maloney,

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Speaker 1: what do we know about the injuries to mommy and

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Speaker 1: baby at this juncture? Well, it looks like the baby

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Speaker 1: had to have not been injured too badly because it

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Speaker 1: sounds like, you know, the baby's still alive. UM. So

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Speaker 1: I would say that the injuries to the mother probably

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Speaker 1: were not of her torso or abdomen. The injuries were

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Speaker 1: most likely to her head U, probably some devastating injuries.

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Speaker 1: We know that the baby is still in NICKEU Neonatal

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Speaker 1: Intensive Care Unit to h DODGOR Katherine Maloney. How is

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Speaker 1: a NIKEUE different from an ICU. So in the NIKE

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Speaker 1: you basically all the patients are babies, so there's going

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Speaker 1: to be a lot more emphasis on um, you know,

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Speaker 1: more monitoring than there would be in the average adult ICU,

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Speaker 1: especially of things like temperature. UM. There's going to be

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Speaker 1: a lot of you know, tubes um in the babies, unfortunately,

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Speaker 1: to keep them healthy and alive. And then Usually the

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Speaker 1: babies are in small isolates or small um basically hospital

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Speaker 1: beds that kind of surround them to keep them warm,

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Speaker 1: um and sometimes to keep them from you know, being

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Speaker 1: touched by other people or exposed to other if their

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Speaker 1: immune systems aren't developed enough to protect them. That's exactly

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Speaker 1: how my twins, John, David and Lucy were, Doctor Maloney.

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Speaker 1: They had tubes going in their nose and it was

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Speaker 1: all taped up on their face. It would go in

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Speaker 1: the nose and it would come out their foot. That's right.

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Speaker 1: They had a tube going all the way through their body.

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Speaker 1: I can't remember now what that was. They had other

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Speaker 1: tubes in them as well. And all I could do

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Speaker 1: is wash my hands and then put my arms through

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Speaker 1: two holes in the plastic. They were like in a

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Speaker 1: plastic box and I could barely touch them through that box.

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Speaker 1: And Cheryl, do you remember I was in intensive care too,

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Speaker 1: And then I got in a room and I didn't

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Speaker 1: know this, but I set off a silent alarm in

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Speaker 1: the hospital because I got somebody to help me get

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Speaker 1: out of my room and push me to the babies.

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Speaker 1: And I didn't know, you know that then I was

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Speaker 1: empty from my room and they set off an alarm

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Speaker 1: in the hospital because they thought a patient had a

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Speaker 1: scale delicate balance in nick h because the baby could

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Speaker 1: live or die. And I'm reading witness reports Cheryl that

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Speaker 1: said quote when I got over there, I noticed a

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Speaker 1: lady who looked pregnant on the ground and her head

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Speaker 1: was quote banged up. So I think what doctor Katherine

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Speaker 1: Maloney is saying is correct, that the injury from this

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Speaker 1: jeep hitting the pregnant mom was to the head. Correct,

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Speaker 1: But you also have to remember for that baby. Once

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Speaker 1: the mama stops breathing, so does the baby. So even

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Speaker 1: though the child might not have had direct injury from

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Speaker 1: the impact, there was still limited time to save that

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Speaker 1: baby's life. And that's the reason she wasn't breathing. Owned

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Speaker 1: her own and things like that. In the very beginning

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Speaker 1: to Randy zelln Well hold on Randy Leave page climb

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Speaker 1: online dot Com investigative reporter. Who is this woman with

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Speaker 1: prior DUI offenses and driving with a suspended license? What

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Speaker 1: do we know about Courtney Fritz PANDOLPHI old enough to

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Speaker 1: know better at age forty, Yes, age forty. She's from

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Speaker 1: Garden Grove, California. She was the driver She is facing

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Speaker 1: charges DUI drugs, driving on a suspended license. The most

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Speaker 1: serious charge is second degree murder. Her bell is said

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Speaker 1: at three million dollars, and she has a history of

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Speaker 1: dis nancy. She's been arrested for DUI in two thousand

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Speaker 1: and eight, twenty fifteen, and twenty sixteen, and according to

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Speaker 1: the OC Register, according to prosecutors, after all three convictions,

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Speaker 1: she was giving a warning none as a it's an

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Speaker 1: advisement that if she continued to drive under the influence

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Speaker 1: and killed someone, she would be charged with murder. That

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Speaker 1: warning apparently didn't do a lot of good, as she

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Speaker 1: has killed someone. Dottor Bethanie Marshall, psychoanalyst Beverly Hills, she

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Speaker 1: was warned over and over and over she was driving

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Speaker 1: on a suspended license. I mean, when I go to

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Speaker 1: a stop sign, I totally stop and wait because I'm

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Speaker 1: convinced somewhere there's a cut lurking that's going to pull

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Speaker 1: me over. How can you completely disregard what you've been

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Speaker 1: warned about Nancy because she has a substance abuse disorder.

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Speaker 1: I hate to disagree with everybody on the panel, but

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Speaker 1: I really believe you said earlier on the show that

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Speaker 1: once she had you know, a number of drinks that

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Speaker 1: she willfully you pulled out her pocketbook and paid for

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Speaker 1: the drinks willfully gotten in her car. I would say

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Speaker 1: that once she drank that much, the breaking system in

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Speaker 1: the brain was gone. She probably did not really leave.

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Speaker 1: How do you say she got in her car. She

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Speaker 1: was probably blacked out state, Nancy, really black. But she

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Speaker 1: can find her car in a parking lot, find her key.

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Speaker 1: I can't even find the keys to get in the door.

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Speaker 1: So she can get to her car in a crowd

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Speaker 1: of parking find the right key, crank up, put it

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Speaker 1: in reverse, put it in drive, and then mow this

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Speaker 1: pregnant mom down and out. Her patient who was drunk

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Speaker 1: blocked out, got up in the middle of the night,

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Speaker 1: drove to a party, came home, doesn't remember the whole incident.

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Speaker 1: Once they get to a certain point, Nancy, it's like

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Speaker 1: the brain is disabled. The breaking system has to happen

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Speaker 1: long before they pick up that first drink. She needed

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Speaker 1: a breathalyzer in her car, so she could not turn

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Speaker 1: on that engine. Or perhaps there are many kinds of

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Speaker 1: drugs we can give patients now, Like there's a drug

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Speaker 1: called ant abuse where if you take it you cannot drink.

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Speaker 1: It makes you sicker than a dog. And she would

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Speaker 1: have to submit to that kind of you know what

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Speaker 1: you're doing. I coulda, would a, shoulda blah blah blah,

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Speaker 1: none of that. And against the fact of what she did.

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Speaker 1: She should have had this drug. She should have had

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Speaker 1: a breathalyzer. Don't care and to you should I am

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Speaker 1: column former director of mad Georgia. All this business about

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Speaker 1: blacking out, well, she sure managed to get her pocketbook

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Speaker 1: and pay her bill and get down off that bar stool,

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Speaker 1: pour herself out of the wheel and take off correct.

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Speaker 1: And here's another thing. If she had had the breathalyzer

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Speaker 1: in her car, she would have just got somebody to

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Speaker 1: blow in it. She would have still cranked up and left.

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Speaker 1: These are criminal, and yes they have a disease, but

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Speaker 1: their disease is very selfish, and their disease is illegal

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Speaker 1: most of the time, and they know how to work

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Speaker 1: around it. I am telling you I have never known

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Speaker 1: anybody addicted to call of drugs that didn't know how

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Speaker 1: to hide it, didn't know how to manipulate people, didn't

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Speaker 1: know how to work the system. This person has been

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Speaker 1: given three warnings three and told hey, if you do

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Speaker 1: this again, it's gonna be murder. Still didn't care. Still

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Speaker 1: drove as big as Dallas through a crowd of people,

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Speaker 1: killing somebody, almost killing two people. And you're talking about

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Speaker 1: the person that was the face of Disneyland. She was

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Speaker 1: the first person you saw when you entered that park.

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Speaker 1: Can you think of a more joyful person. You're not

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Speaker 1: put in a costume, You're not way back in the

427
00:28:41,160 --> 00:28:44,280
Speaker 1: park somewhere. You're going to be the first person people

428
00:28:44,360 --> 00:28:58,080
Speaker 1: see that tells you about your victim. Right there. Crime

429
00:28:58,200 --> 00:29:02,720
Speaker 1: Stories with Nancy Grace, Guys, we were talking about a

430
00:29:02,760 --> 00:29:06,239
Speaker 1: beautiful young mom to be and if you look at

431
00:29:06,240 --> 00:29:10,680
Speaker 1: her picture, I'm looking at it right now. I can't

432
00:29:10,720 --> 00:29:17,000
Speaker 1: decide if she looks like Sleeping Beauty or Jasmine. She

433
00:29:17,160 --> 00:29:27,640
Speaker 1: just could. Beautiful, long black, shiny hair, just gorgeous. I

434
00:29:27,720 --> 00:29:30,640
Speaker 1: almost hate to even say the facts. This mom going

435
00:29:30,680 --> 00:29:34,320
Speaker 1: for a walk with her husband, planning the baby rooms,

436
00:29:34,480 --> 00:29:40,280
Speaker 1: curtains Courtney Fritz Pandolphi jumps the curb and mows her down.

437
00:29:41,480 --> 00:29:46,720
Speaker 1: Take a listen to our friend Tina Patel kay cl

438
00:29:46,880 --> 00:29:50,200
Speaker 1: Nine flowers and candles have been left on the sidewalk

439
00:29:50,240 --> 00:29:53,320
Speaker 1: where Yusenia Aguilar was killed by a suspected DUI driver

440
00:29:53,520 --> 00:29:56,120
Speaker 1: last night. Friends who worked with the twenty three year

441
00:29:56,160 --> 00:29:59,080
Speaker 1: old at Disneyland have been sharing photos of her online.

442
00:29:59,320 --> 00:30:02,400
Speaker 1: She was third five weeks pregnant. Police say she was

443
00:30:02,440 --> 00:30:04,360
Speaker 1: walking with her husband when she was struck by a

444
00:30:04,440 --> 00:30:07,280
Speaker 1: jeep that had jumped the curb. David Roscoe rushed over

445
00:30:07,320 --> 00:30:10,080
Speaker 1: to try and help. It looked like she wasn't breathing anymore.

446
00:30:10,160 --> 00:30:12,640
Speaker 1: The husband was I think checking the pulse and when

447
00:30:12,680 --> 00:30:15,520
Speaker 1: he did check as he screamed like if she didn't

448
00:30:15,520 --> 00:30:17,800
Speaker 1: have a pulse, I was guessing she didn't. Doctors were

449
00:30:17,840 --> 00:30:20,360
Speaker 1: able to perform an emergency c section on Aguilar and

450
00:30:20,400 --> 00:30:23,160
Speaker 1: deliver her baby daughter, although at last report the girl

451
00:30:23,200 --> 00:30:25,320
Speaker 1: was still in critical condition in the need of natal

452
00:30:25,440 --> 00:30:28,400
Speaker 1: unit at the UCI Medical Center. Police say this is

453
00:30:28,440 --> 00:30:32,160
Speaker 1: a heartbreaking case. This was a healthy twenty three year

454
00:30:32,160 --> 00:30:35,560
Speaker 1: old Anaheim resident who was about to deliver a beautiful,

455
00:30:35,560 --> 00:30:38,880
Speaker 1: healthy baby girl, and now she's hit and killed in

456
00:30:38,920 --> 00:30:42,000
Speaker 1: front of her husband, who administered CPR while he was

457
00:30:42,000 --> 00:30:44,920
Speaker 1: waiting on paramedics to arrive. Managers at this taco bell

458
00:30:45,000 --> 00:30:47,720
Speaker 1: are not releasing their security video. They say it does

459
00:30:47,800 --> 00:30:50,240
Speaker 1: not show the impact, but it does show the driver

460
00:30:50,360 --> 00:30:54,040
Speaker 1: of the jeep speeding down the sidewalk. Guys, we were

461
00:30:54,080 --> 00:30:56,840
Speaker 1: talking about the death of a beautiful young mom to

462
00:30:56,920 --> 00:31:02,000
Speaker 1: be Yasinya Aglare baby at a Adlan Rose put on

463
00:31:02,480 --> 00:31:09,560
Speaker 1: a breathing tibe, a respiratory tube to you, doctor Kathy Maloney, Definty,

464
00:31:09,600 --> 00:31:14,400
Speaker 1: Chief Medical Examiner, Erie County. That's buffalo. How exactly does

465
00:31:14,560 --> 00:31:18,760
Speaker 1: a respiratory tube work? Basically, the tube is inserted into

466
00:31:18,760 --> 00:31:22,280
Speaker 1: the person's throat down halfway down the windpipe, and then

467
00:31:22,280 --> 00:31:25,280
Speaker 1: there is a machine that basically pumps air into the

468
00:31:25,360 --> 00:31:28,600
Speaker 1: lungs and then allows the air to be expressed out

469
00:31:28,600 --> 00:31:31,640
Speaker 1: of the lungs. So basically this machine is breathing for

470
00:31:31,800 --> 00:31:34,040
Speaker 1: the person, so they're getting the oxygen that they need.

471
00:31:34,240 --> 00:31:37,120
Speaker 1: Take a listen to our friend Jessica de Novo ABC seven.

472
00:31:38,120 --> 00:31:42,320
Speaker 1: Danaheim Police say a suspected intoxicated driver, Courtney Pandulfi of

473
00:31:42,400 --> 00:31:45,680
Speaker 1: Garden Grove, drove her jeep onto a curb on Katella

474
00:31:45,760 --> 00:31:49,560
Speaker 1: Avenue as the couple took their evening walk. Hitting Aguilar.

475
00:31:49,960 --> 00:31:54,640
Speaker 1: Albaz remembers their last conversation. We're literally talking about like

476
00:31:55,920 --> 00:31:59,560
Speaker 1: how we were going to prepare the baby's closet, the

477
00:31:59,600 --> 00:32:02,800
Speaker 1: baby's like room, like we're thinking about the curtains. Little

478
00:32:02,800 --> 00:32:06,720
Speaker 1: Adeline delivered VSC section at the UCI Medical Center. Mom

479
00:32:06,760 --> 00:32:11,320
Speaker 1: pronounced dead. POLICEE. Pandolfi, who has two prior DUI arrest,

480
00:32:11,480 --> 00:32:15,200
Speaker 1: is once again behind bars, this time booked on felony DUI,

481
00:32:15,400 --> 00:32:19,040
Speaker 1: driving with a suspended license and murder. This now single father,

482
00:32:19,160 --> 00:32:21,600
Speaker 1: still in shock, left planning how to raise his baby

483
00:32:21,720 --> 00:32:26,200
Speaker 1: without his better half. I wanna do my best and

484
00:32:26,400 --> 00:32:30,840
Speaker 1: show her that she's gonna be in good hands. So

485
00:32:30,920 --> 00:32:36,200
Speaker 1: now now is my responsive to be the father and

486
00:32:36,360 --> 00:32:41,360
Speaker 1: the mother of our child. Yes, I don't know what

487
00:32:41,520 --> 00:32:45,760
Speaker 1: to do, but I have to learn waitness to say

488
00:32:45,840 --> 00:32:51,680
Speaker 1: he literally bent over, double screaming, whether he realized his

489
00:32:51,760 --> 00:32:57,720
Speaker 1: wife was dying or dead, the baby everything lost in

490
00:32:57,760 --> 00:33:01,520
Speaker 1: a flash in an emergency C section. The baby was

491
00:33:01,600 --> 00:33:06,280
Speaker 1: saved going on a breathing tube. Actually, Randy Zellen, New

492
00:33:06,320 --> 00:33:09,680
Speaker 1: York criminal defense attorney at Randy Zellen Law dot com,

493
00:33:09,720 --> 00:33:12,160
Speaker 1: we just heard the reporters say two prior to UIs

494
00:33:12,200 --> 00:33:15,760
Speaker 1: there are actually three and proof they convict you DUI

495
00:33:15,920 --> 00:33:19,040
Speaker 1: driver in that jurisdiction, proof that they got a so

496
00:33:19,200 --> 00:33:23,760
Speaker 1: called watson advisement that about what would happen if they're

497
00:33:23,760 --> 00:33:29,520
Speaker 1: caught again driving drunk allows prosecutors to now charge PANDOFFI

498
00:33:29,800 --> 00:33:35,240
Speaker 1: with second degree murder instead of the vehiculer homicide. What's

499
00:33:35,360 --> 00:33:37,520
Speaker 1: the difference under the law? I guess that means you're

500
00:33:37,520 --> 00:33:43,440
Speaker 1: gonna uncut his mic? Go ahead, Randy Zellen, You're free. Okay,

501
00:33:43,480 --> 00:33:47,080
Speaker 1: well until you cut my mic. The difference is what

502
00:33:47,120 --> 00:33:52,440
Speaker 1: we call in the law implied malice, which is another

503
00:33:52,480 --> 00:33:58,040
Speaker 1: way of saying I recognize the sanctity of human life.

504
00:33:58,600 --> 00:34:03,240
Speaker 1: I recognize human life, but I am going to nonetheless

505
00:34:03,640 --> 00:34:07,520
Speaker 1: close my eyes to it. In other words, I consciously

506
00:34:07,920 --> 00:34:13,120
Speaker 1: disregard human life. So a defense attorney's job here, in

507
00:34:13,239 --> 00:34:15,440
Speaker 1: order to take this out of a murder in the

508
00:34:15,520 --> 00:34:20,160
Speaker 1: second degree and a minimum mandatory fifteen years to life sentence,

509
00:34:20,840 --> 00:34:26,560
Speaker 1: is to demonstrate that while the defendant was intoxicated, and

510
00:34:26,600 --> 00:34:34,640
Speaker 1: while tragically someone died, the defendant did not have implied malice.

511
00:34:34,719 --> 00:34:37,800
Speaker 1: And here what's going to be critical is to try

512
00:34:37,840 --> 00:34:42,640
Speaker 1: to show that the jumping up onto the curb was

513
00:34:42,680 --> 00:34:46,760
Speaker 1: not the product of a conscious disregard for human life.

514
00:34:47,040 --> 00:34:50,399
Speaker 1: It may be that the defendant was trying to get

515
00:34:50,440 --> 00:34:53,960
Speaker 1: out of the way of another car or swerve, but

516
00:34:54,160 --> 00:34:57,839
Speaker 1: certainly didn't say, oh, here are people I really don't care,

517
00:34:58,120 --> 00:35:01,280
Speaker 1: I'm going to kill them. It is a tall order,

518
00:35:02,280 --> 00:35:05,560
Speaker 1: but it is the only order that a defense attorney

519
00:35:05,600 --> 00:35:09,160
Speaker 1: can undertake in order to prevent this woman from going

520
00:35:09,239 --> 00:35:13,920
Speaker 1: to jail for fifteen years to life. Okay, Cheryl McCollum,

521
00:35:13,920 --> 00:35:17,799
Speaker 1: former director of Mad Mothers Against Junk Driving Georgia. You

522
00:35:17,880 --> 00:35:20,759
Speaker 1: know how in football teams, let's just go with that,

523
00:35:22,160 --> 00:35:25,200
Speaker 1: coaches and others are always accused of reading the other

524
00:35:25,239 --> 00:35:27,640
Speaker 1: coaches lips during the game to figure out what they're

525
00:35:27,640 --> 00:35:30,960
Speaker 1: going to do, in other words, knowing their playbook. That's

526
00:35:31,000 --> 00:35:34,719
Speaker 1: exactly what Zellon just told us what the defenses playbook

527
00:35:35,160 --> 00:35:36,920
Speaker 1: is going to be in this case. It's not a

528
00:35:36,960 --> 00:35:39,799
Speaker 1: who done it? We know who done it and who

529
00:35:39,880 --> 00:35:44,160
Speaker 1: done it was Courtney, Fritz Pandolfi. But the reality is

530
00:35:44,200 --> 00:35:48,279
Speaker 1: when he says there was no intent, how do you

531
00:35:48,440 --> 00:35:51,920
Speaker 1: fight that with the facts. As the former director of

532
00:35:52,040 --> 00:35:55,719
Speaker 1: MAD here it is. I will channel Nancy Grace. Here's

533
00:35:55,719 --> 00:35:58,239
Speaker 1: how you do it. I'm not a prosecutor, but you

534
00:35:58,280 --> 00:36:01,200
Speaker 1: build a bomb and you put all the elements to

535
00:36:01,239 --> 00:36:04,520
Speaker 1: that bomb needs together, and you go and put it

536
00:36:04,560 --> 00:36:07,040
Speaker 1: in the middle of a park and walk away, and

537
00:36:07,080 --> 00:36:09,600
Speaker 1: then it ignites at some point, and when you can't

538
00:36:09,600 --> 00:36:12,480
Speaker 1: claim why didn't mean to hurt that particular person. I

539
00:36:12,480 --> 00:36:16,000
Speaker 1: had no bee with John Smith or John Q. He

540
00:36:16,120 --> 00:36:18,359
Speaker 1: just happened to walk by when this bomb went off.

541
00:36:19,239 --> 00:36:22,720
Speaker 1: But you built it, you did it. You did nothing

542
00:36:22,880 --> 00:36:25,560
Speaker 1: to prevent it. She could have prevented it when she

543
00:36:25,680 --> 00:36:27,880
Speaker 1: left her house. She could have prevented it when she

544
00:36:28,040 --> 00:36:30,640
Speaker 1: ordered the first drink. She could have prevented it when

545
00:36:30,640 --> 00:36:33,160
Speaker 1: she ordered the second or the third. She could have

546
00:36:33,160 --> 00:36:35,200
Speaker 1: prevented it when she got her car keys and walked

547
00:36:35,200 --> 00:36:37,279
Speaker 1: out of that bar. She could have prevented it when

548
00:36:37,360 --> 00:36:39,680
Speaker 1: she got in her car and cranked up. She could

549
00:36:39,719 --> 00:36:42,520
Speaker 1: have prevented it before she ever put that car in drive.

550
00:36:42,880 --> 00:36:46,040
Speaker 1: She could have prevented it when she did not even break.

551
00:36:46,400 --> 00:36:51,600
Speaker 1: According to witnesses, every single thing she did set up

552
00:36:51,600 --> 00:36:54,560
Speaker 1: for that murder, and she was warned in two thousand

553
00:36:54,600 --> 00:36:58,000
Speaker 1: and eight and possibly given treatment. She was warned in

554
00:36:58,040 --> 00:37:02,360
Speaker 1: two fifteen, probably again all for treatment. She was told

555
00:37:02,360 --> 00:37:07,640
Speaker 1: again in two thousand and sixteen. She ignored every single judge,

556
00:37:08,040 --> 00:37:12,000
Speaker 1: every single prosecutor, every single police officer and every single

557
00:37:12,000 --> 00:37:16,840
Speaker 1: loved one take a listen to Katla's chip Yost. Police

558
00:37:16,840 --> 00:37:19,640
Speaker 1: say at the time of the incident, Pandolfi was under

559
00:37:19,680 --> 00:37:22,640
Speaker 1: the influence of drugs and that it wasn't the first

560
00:37:22,680 --> 00:37:25,960
Speaker 1: time she had driven in such a condition. The District

561
00:37:25,960 --> 00:37:30,120
Speaker 1: Attorney's office says she had prior dui convictions in two

562
00:37:30,160 --> 00:37:33,520
Speaker 1: thousand and eight, two fifteen, and two thousand and sixteen,

563
00:37:33,880 --> 00:37:37,319
Speaker 1: and each time was given what's known as the Watson Advisement,

564
00:37:37,600 --> 00:37:40,560
Speaker 1: informing her that if she ever killed someone while driving

565
00:37:40,640 --> 00:37:43,840
Speaker 1: under the influence in the future, she could be charged

566
00:37:44,000 --> 00:37:49,920
Speaker 1: with murder, could possibly be her a fifth lifetime dy.

567
00:37:52,000 --> 00:37:58,919
Speaker 1: She is sexually the poster shopbol Watson. In court, prosecutors

568
00:37:58,960 --> 00:38:01,840
Speaker 1: asked for her one million dollar bail to be raised

569
00:38:01,840 --> 00:38:04,919
Speaker 1: to five million based on her history. The judge set

570
00:38:04,960 --> 00:38:07,960
Speaker 1: it in the middle at three million. Heremy a loud

571
00:38:08,000 --> 00:38:13,680
Speaker 1: and clear. Alcoholism is a disease. Alcoholics so often cannot

572
00:38:13,719 --> 00:38:18,600
Speaker 1: control what they're doing. It needs to be treated. But

573
00:38:18,840 --> 00:38:22,720
Speaker 1: when that drinker gets behind the will of a car

574
00:38:23,200 --> 00:38:27,520
Speaker 1: and puts everyone else in danger, in danger for their lives,

575
00:38:28,960 --> 00:38:33,400
Speaker 1: it's gone beyond treatment. This is a felony. This is

576
00:38:33,520 --> 00:38:38,080
Speaker 1: second degree and murder, and we wait as justice unfals.

577
00:38:39,160 --> 00:38:42,200
Speaker 1: Nancy Grace Crime Story, signing off goodbye friend,