WEBVTT - 7: A Second Chance

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<v Speaker 1>On May twenty seventh, twenty fourteen, Anne Bender was in

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<v Speaker 1>court awaiting a verdict for the second time. She'd been

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<v Speaker 1>re tried for murder, which is allowable under Costa Rican law.

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<v Speaker 1>The trial had lasted seven days. Anne was shaking. The judge,

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<v Speaker 1>Adolpho Calderon began.

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<v Speaker 2>An absol He told the court that John Bender could

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<v Speaker 2>not have shot himself because he had a wound at

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<v Speaker 2>the back of the head.

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<v Speaker 1>The judge said other evidence that the crime scene also

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<v Speaker 1>made suicide impossible. The blood, the bullets, the position of

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<v Speaker 1>the body. It all pointed to only one conclusion. Anne

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<v Speaker 1>had argued during the court case that John suffered from

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<v Speaker 1>bipolar disorder and that he'd attempted to take his own

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<v Speaker 1>life before the judges weren't convinced by her defense. Finally,

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<v Speaker 1>Judge Calderon announced the verdict without a doubt. He said,

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<v Speaker 1>the court agrees that the death of John Felix Bender

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<v Speaker 1>was homicide. Ann had murdered him. She was guilty. The

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<v Speaker 1>sentence was twenty two years in prison. From Exactly Right

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<v Speaker 1>Media and iHeart podcasts produced by Blanchard House, This is

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<v Speaker 1>Helen Heaven, I'm Becky Milligan. Chapter seven, A second chance

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<v Speaker 1>and was led away by gods. In total shock, she fainted.

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<v Speaker 1>Do you remember her reaction?

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<v Speaker 3>Stunned?

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<v Speaker 1>Author Carol Vaughan witnessed the verdict.

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<v Speaker 3>I think she and her legal team neither one thought

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<v Speaker 3>that that was going to happen. I think her legal

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<v Speaker 3>team had done a very good job of defending her.

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<v Speaker 1>And do you remember her walking out or what happened.

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<v Speaker 3>I remember they tried to get her out as quickly

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<v Speaker 3>as possible through a side door, which you're not supposed

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<v Speaker 3>to use, things like a fire door, but she could

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<v Speaker 3>barely walk. She was overcome. It was awful, and we

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<v Speaker 3>were all looking at each other just in total disbelief.

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<v Speaker 1>She was immediately remanded to a psychiatric hospital, where she

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<v Speaker 1>was held under guard and put on suicide watch. When

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<v Speaker 1>she was over the shop and considered well enough, she

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<v Speaker 1>was moved to the prison.

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<v Speaker 3>And I didn't know how awful it was where they

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<v Speaker 3>were sending her and what they were doing to her,

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<v Speaker 3>and how you'll equipped she was for it. Had I known,

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<v Speaker 3>I would have been flopping out also, because it's just

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<v Speaker 3>being in jail as a woman in Central America is

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<v Speaker 3>just no day at the beach.

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<v Speaker 1>The verdict horrified Anne's family and everyone who'd supported and

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<v Speaker 1>believed in her. What worried the most was that Anne

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<v Speaker 1>might not survive being in prison. The stress of the

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<v Speaker 1>trial and the verdict had weakened her. She was frail

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<v Speaker 1>and very thin. Ken Anne's brother, was her spokesman throughout

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<v Speaker 1>the trial and outside the court. Speaking in perfect Spanish,

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<v Speaker 1>he told reporters.

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<v Speaker 2>Nois.

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<v Speaker 1>My sister is not a killer. The second trial was

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<v Speaker 1>a fallacy, a dark day for Poisseladon very ugly. Friends

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<v Speaker 1>and family had to move fast and make a lot

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<v Speaker 1>of noise about what they believed was an appalling miscarriage

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<v Speaker 1>of justice. They created a gofund me page and started

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<v Speaker 1>a petition Free and Bender on the popular change dot

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<v Speaker 1>org platform to mobilize supporters. An actor reads what one

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<v Speaker 1>of her friends wrote on their page.

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<v Speaker 4>We family and close friends are doing everything in our

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<v Speaker 4>power to end this nightmare. An innocent woman is dying,

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<v Speaker 4>and we can make this write we can.

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<v Speaker 1>Her lawyers also sprang into action, preparing an appeal. Anne

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<v Speaker 1>had one other person fighting her corner, a man named

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<v Speaker 1>Greg Fischer. Anne met Greg in San Jose, where she'd

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<v Speaker 1>been living around the time of her first trial. Originally

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<v Speaker 1>from New New York. Greg had lived in Florida, Arizona,

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<v Speaker 1>and then Costa Rica. Just like John had been, Greg

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<v Speaker 1>was into bodybuilding and fitness and liked to ride motorbikes.

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<v Speaker 1>He was handsome and, according to friends, kind and compassionate.

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<v Speaker 1>It was a second chance for Anne. They lived together

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<v Speaker 1>in an apartment in a smart suburb of San Jose

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<v Speaker 1>and even got a puppy. But then came the second trial,

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<v Speaker 1>and just over a year after they'd started their relationship,

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<v Speaker 1>Anne was found guilty and started her twenty two year

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<v Speaker 1>prison sentence. All hopes of that new life were taken away.

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<v Speaker 1>Greg now dedicated all his time to fight for her

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<v Speaker 1>release and visit her in prison. An actor reads his

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<v Speaker 1>Twitter bio at the time.

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<v Speaker 4>Working every day to help save Ann Bender from the

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<v Speaker 4>terrible injustice doneder her by the people she trusted the most.

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<v Speaker 1>He and s Amavan's friends and family contributed as much

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<v Speaker 1>as they could to her campaign. Greg was always thinking

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<v Speaker 1>of new ways to raise money to help Han's calls.

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<v Speaker 1>They also took to social media and tweeted everyone from

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<v Speaker 1>The New York Times to Fox News, hoping a journalist

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<v Speaker 1>or campaigners or politicians would pick up her story, and

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<v Speaker 1>someone did pick up the story. But closer to home.

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<v Speaker 1>I'm at a cabin on the outskirts of pere Zeladon,

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<v Speaker 1>in the shadow of those beautiful mountains. It's owned by

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<v Speaker 1>Carol Vaughan. She lives here with her dog, Garbo. You'll

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<v Speaker 1>have heard from Carol throughout the series. She's dressed in

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<v Speaker 1>her Hallmark Loud Hawaiian shirt and red lipstick. In her

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<v Speaker 1>younger days, back in America, she was a tap dancer.

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<v Speaker 3>I was an avid tap dancer. I don't tap any

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<v Speaker 3>anymore because of my age, but had a tap dance studio,

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<v Speaker 3>taught it, continued to perform it in nightclubs both in

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<v Speaker 3>New York and in Washington, DC. And I feel like

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<v Speaker 3>in my heart I'll always be a tap dancer.

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<v Speaker 1>Carol even danced with Mickey Rooney, a Hollywood star in

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<v Speaker 1>the forties and fifties. She gave up the love of

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<v Speaker 1>her life, I e tap and moved to Costa Rica

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<v Speaker 1>in twenty twelve, where she could have retired relaxing on

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<v Speaker 1>her rocking chair on the verandah, taking it nice and easy,

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<v Speaker 1>but she isn't a type to do that. Instead, she

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<v Speaker 1>dived right into a new career as an investigative reporter

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<v Speaker 1>for a local newspaper, The Tico Times. Before we can

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<v Speaker 1>sit down to chat, we're off for a walk with

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<v Speaker 1>her dog, Garbo, and she starts to tell me how

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<v Speaker 1>one story took over her entire life and still dominates it.

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<v Speaker 3>It's so embarrassing. I became possessed and obsessed with the

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<v Speaker 3>story of the Benders. It's raining you, guys. We're going

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<v Speaker 3>to cross and go down just a bit, and he

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<v Speaker 3>should poop.

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<v Speaker 1>Okay, and shallah, we'll wait for the poop. Back in

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<v Speaker 1>the cabin, we start from the beginning how she became

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<v Speaker 1>possessed and obsessed with the Benders. One day, her editor

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<v Speaker 1>gave her a new assignment covering an Bender's murder trials,

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<v Speaker 1>starting with the second, the one in which she was convicted.

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<v Speaker 1>Carol had no idea what she was about to get into.

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<v Speaker 3>My Spanish was pretty good, but I wasn't great. And

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<v Speaker 3>in court you have to be quick, and you have

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<v Speaker 3>to pay attention, and you have to understand legal things

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<v Speaker 3>that I didn't understand. So when he first said this

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<v Speaker 3>is your assignment, that I want you to go do this,

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<v Speaker 3>it's like, well, you know, I'll try it. But I

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<v Speaker 3>can't promise that it's going to be great. First day trial,

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<v Speaker 3>I thought, oh, I'm going to do this because this

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<v Speaker 3>is to the reaction of the people in the courtroom

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<v Speaker 3>and the looks on people's faces. And there are three

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<v Speaker 3>judges in all court cases here, criminal court cases, and

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<v Speaker 3>they would fight with each other and say nasty things

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<v Speaker 3>to each other and things that would never happen in

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<v Speaker 3>American court. So the drama was so intense. I realized

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<v Speaker 3>that it wasn't just a writing assignment. It was also

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<v Speaker 3>my telenovela, my soap opera of the day.

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<v Speaker 1>Did you know about the case already? I mean, did

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<v Speaker 1>people talk about it? Was it just a big thing here?

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<v Speaker 3>Everyone talked about it. It was in all the local papers,

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<v Speaker 3>on all the local radio and TV.

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<v Speaker 1>And was now in the only all women's gennel in

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<v Speaker 1>Costa Rica. Originally a convent, it was now a fortress with.

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<v Speaker 3>Gun turrets, guys walking around with guns. She was in

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<v Speaker 3>an ambito with twenty women.

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<v Speaker 1>That's a prison dorrmitory.

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<v Speaker 3>There weren't enough mattresses for everyone, so they would share

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<v Speaker 3>mattresses or some people would just have to sleep directly

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<v Speaker 3>on the floor. You have to wear your own clothes,

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<v Speaker 3>but you're not allowed to replace your clothes. So people

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<v Speaker 3>are in like Robinson Crusoe, torn outfits. Their women there

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<v Speaker 3>who are pregnant. They're women there who have their own

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<v Speaker 3>children with them.

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<v Speaker 1>Let's just stop here for a moment. Imagine what it

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<v Speaker 1>must have been like for this privileged woman, an American

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<v Speaker 1>used to the comfort of Buracaeyanne in the middle of

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<v Speaker 1>the jungle, protected by armed guards, surrounded by staff, beautiful jewels,

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<v Speaker 1>tiffany lamps, watching the sunset every evening over their own

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<v Speaker 1>private jungle. Now she was in jail, convicted of murder.

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<v Speaker 1>The contrast couldn't have been more extreme.

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<v Speaker 3>The food is inedible. I mean, they'd be maggots crawling

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<v Speaker 3>out of the of the rice. I don't know how

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<v Speaker 3>she survived. I really don't.

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<v Speaker 1>And you went to visit her in prison. Can you

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<v Speaker 1>recall the conversation you had.

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<v Speaker 3>While she was in this dormitory with twenty people. I

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<v Speaker 3>think they let me go with her outside. I was

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<v Speaker 3>not allowed to tape, but I was allowed to take notes.

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<v Speaker 3>She in general always wore black, and she wore skirts

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<v Speaker 3>all the way down to the floor usually, and then

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<v Speaker 3>long sleeves because there's no climate control.

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<v Speaker 1>In jail, right, Well did she tell you?

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<v Speaker 4>Well?

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<v Speaker 3>I was very concerned with how she was if she

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<v Speaker 3>was being treated well as well.

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<v Speaker 1>As a journalist, Carol was working as a volunteer for

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<v Speaker 1>the American embassy. In fact, her father had been a

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<v Speaker 1>diplomat in Latin America.

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<v Speaker 3>I said, you know, we'll get your soap, We'll get

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<v Speaker 3>you toilet paper, because there's no toilet paper in jail.

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<v Speaker 3>Let us know what you want, we will get it

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<v Speaker 3>to you. So that was the most of the conversation

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<v Speaker 3>was are you taking care of your health? She had

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<v Speaker 3>a heartport and she couldn't keep it clean because she

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<v Speaker 3>was only allowed to bathe once a week.

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<v Speaker 1>What is a hart court.

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<v Speaker 3>It was something that would allow them to inject medicine

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<v Speaker 3>right into her heart because her heart was not strong.

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<v Speaker 2>Gosh.

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<v Speaker 1>So she was really seriously, oh yeah, off, that sounds

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<v Speaker 1>quite frightening for her if she can't actually, you know,

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<v Speaker 1>keep it clean.

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<v Speaker 3>So all of that stuff about just human human How

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<v Speaker 3>are you holding up?

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<v Speaker 1>It's a question lots of people were asking how was

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<v Speaker 1>she surviving day in day out, especially as she was

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<v Speaker 1>so frail. The answer Carol got to her question surprised her.

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<v Speaker 3>She confessed to me that she was actually well accompanied,

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<v Speaker 3>that she felt very comfortable with the women that she

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<v Speaker 3>was living with, and that they were taking very good

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<v Speaker 3>care of her, and she felt kind of good about that.

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<v Speaker 1>It's amazing, isn't it? To go from a sort of

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<v Speaker 1>house she was living in on top of a hill,

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<v Speaker 1>a mansion, yes.

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<v Speaker 3>With just one other person, and now she's thrown into

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<v Speaker 3>a dirt bin with twenty and she's okay, how does

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<v Speaker 3>that happen?

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<v Speaker 1>Luckily, Anne had won the sympathy of the other inmates.

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<v Speaker 1>They seemed to pity her.

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<v Speaker 3>The women rallied around her, recognizing she was a wounded birdie.

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<v Speaker 1>They saw her as a wounded bird.

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<v Speaker 3>They brought her clothing to wear, Their families brought her

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<v Speaker 3>food from home. And Anne suffered a lot from the cold,

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<v Speaker 3>so they would heat water forward to pour in her

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<v Speaker 3>pail so that she could get a little comfort there,

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<v Speaker 3>and then they would take her out to the back

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<v Speaker 3>so she could sit in the sun and try to regroup.

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<v Speaker 3>They were very sweet to her.

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<v Speaker 1>What was it about her do you think that made

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<v Speaker 1>people sympathize?

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<v Speaker 3>I think she reads as a wounded, wounded person. She

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<v Speaker 3>was very sympathetic always to wounded animals where they lived,

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<v Speaker 3>and I think it was because she was one. She

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<v Speaker 3>just got bury with the broken wing.

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<v Speaker 1>It was hard for anyone to survive in there, let

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<v Speaker 1>alone an American who was used to a certain lifestyle.

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<v Speaker 1>But those women rallied around her, cared for her, helped

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<v Speaker 1>her survive, and there was.

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<v Speaker 3>Greg Ann's boyfriend would bring her food and then enough

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<v Speaker 3>food to share among the other prisoners so that they

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<v Speaker 3>would take better care of her.

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<v Speaker 1>Carol also helped her.

0:14:30.640 --> 0:14:33.080
<v Speaker 3>After the health issues of how are you, what can

0:14:33.120 --> 0:14:35.800
<v Speaker 3>we do for you? The embassies looking after you. We

0:14:35.840 --> 0:14:38.320
<v Speaker 3>will visit you. Here's a number to call if you

0:14:38.320 --> 0:14:42.040
<v Speaker 3>get in trouble. Telephoning in jail as a huge problem

0:14:42.360 --> 0:14:45.000
<v Speaker 3>because there's only one phone and you're allowed two minutes

0:14:45.040 --> 0:14:46.280
<v Speaker 3>on one kind of thing.

0:14:47.320 --> 0:14:51.120
<v Speaker 1>Carol felt like she and Anne were connected. Their fate

0:14:51.200 --> 0:14:52.880
<v Speaker 1>had brought them together.

0:14:53.120 --> 0:14:56.840
<v Speaker 3>Because here I am. I'm a single American woman here

0:14:56.840 --> 0:14:59.720
<v Speaker 3>in Costrica with not very much knowledge to the country

0:14:59.760 --> 0:15:02.560
<v Speaker 3>or the language or anything. And I felt that a

0:15:02.680 --> 0:15:06.040
<v Speaker 3>kindred spirit. She was a female. She was wrongly accused,

0:15:06.080 --> 0:15:10.880
<v Speaker 3>I thought, and it wasn't one hundred percent sure she

0:15:10.960 --> 0:15:12.160
<v Speaker 3>was getting good legal help.

0:15:13.440 --> 0:15:17.080
<v Speaker 1>Carol was also fascinated by Anne's story, and she had

0:15:17.080 --> 0:15:20.200
<v Speaker 1>an article to write, one which would eventually become a

0:15:20.200 --> 0:15:24.760
<v Speaker 1>book titled Crazy Jungle Love. So she had to ask

0:15:24.920 --> 0:15:27.880
<v Speaker 1>the harder, more probing questions.

0:15:28.000 --> 0:15:32.240
<v Speaker 3>I said, well, Anne, you you know what happened. I

0:15:32.240 --> 0:15:35.440
<v Speaker 3>didn't want to say did you kill him? Just you

0:15:35.480 --> 0:15:39.560
<v Speaker 3>know what happened? And she told me what she's told everyone,

0:15:39.600 --> 0:15:43.720
<v Speaker 3>that she was awakened by his voice, and that John

0:15:43.760 --> 0:15:46.880
<v Speaker 3>always came to bed with a gun. And she roused

0:15:46.880 --> 0:15:49.760
<v Speaker 3>herself after she heard him say something she thinks it was,

0:15:50.520 --> 0:15:53.360
<v Speaker 3>You'll now know what it's like to wake up next

0:15:53.400 --> 0:15:57.120
<v Speaker 3>to your dead husband. And she saw that he had

0:15:57.320 --> 0:15:59.800
<v Speaker 3>a gun pointed at his head, and she tried to

0:15:59.800 --> 0:16:03.000
<v Speaker 3>grow and the gun went off and he died instantly.

0:16:04.040 --> 0:16:06.359
<v Speaker 3>He was shot in the back of the right occipital

0:16:06.440 --> 0:16:07.880
<v Speaker 3>and it never came out.

0:16:08.480 --> 0:16:11.560
<v Speaker 1>The occipital is a particular part at the back of

0:16:11.600 --> 0:16:15.720
<v Speaker 1>the head. What do you do make of that explanation?

0:16:18.080 --> 0:16:19.520
<v Speaker 3>I think that's what she thinks happened.

0:16:34.920 --> 0:16:38.000
<v Speaker 1>Though it was twenty fourteen, four years after John's death

0:16:38.400 --> 0:16:42.720
<v Speaker 1>and with prison time ahead, AND's story didn't change, but

0:16:42.840 --> 0:16:47.040
<v Speaker 1>what had changed was public opinion. During the first trial,

0:16:47.320 --> 0:16:51.800
<v Speaker 1>she'd won over many Costa Ricans. They were sympathetic. After

0:16:51.840 --> 0:16:55.680
<v Speaker 1>she was convicted, that changed. What did people think about

0:16:55.680 --> 0:16:56.640
<v Speaker 1>her in Costa Rica?

0:16:58.520 --> 0:17:01.880
<v Speaker 3>I think I've never asked someone that. Who has told me,

0:17:02.000 --> 0:17:05.760
<v Speaker 3>especially a man who has told me Anne's innocent. I've

0:17:05.880 --> 0:17:10.920
<v Speaker 3>never ever heard anyone say Anne was innocent. They say

0:17:11.119 --> 0:17:14.840
<v Speaker 3>she was a black widow. She was just gunning for

0:17:14.920 --> 0:17:17.040
<v Speaker 3>him until he dies so she could have all those

0:17:17.160 --> 0:17:21.919
<v Speaker 3>jewels and property to herself. They were both crooked, but

0:17:22.040 --> 0:17:25.119
<v Speaker 3>she took him out. She wasn't a well liked person.

0:17:25.200 --> 0:17:27.320
<v Speaker 3>I mean, neither of them were well liked, frankly, but

0:17:29.040 --> 0:17:31.720
<v Speaker 3>here the blame went to her. There people convinced she

0:17:31.920 --> 0:17:34.719
<v Speaker 3>kills them. I mean, that's not even a question.

0:17:35.640 --> 0:17:38.479
<v Speaker 1>The story became bigger than Anna and Joan. It had

0:17:38.480 --> 0:17:41.000
<v Speaker 1>a knock on effect on all Americans who had come

0:17:41.040 --> 0:17:45.000
<v Speaker 1>to Costa Rica to settle. All expats were now on trial.

0:17:45.560 --> 0:17:49.119
<v Speaker 3>Americans are so self entitled. They think they own the world.

0:17:49.359 --> 0:17:52.320
<v Speaker 3>They think everything revolves around them. They think they can

0:17:52.359 --> 0:17:55.360
<v Speaker 3>come into this developing country and just do whatever they

0:17:55.440 --> 0:17:58.320
<v Speaker 3>want and no one's gonna put a stop to them.

0:17:58.359 --> 0:18:01.760
<v Speaker 3>And you watch, We're going to put a stop to them.

0:18:02.320 --> 0:18:04.720
<v Speaker 1>Someone else who was on the trial each day was

0:18:04.840 --> 0:18:09.520
<v Speaker 1>Kevin Serrano, a cameraman for a Costa Rican TV news station.

0:18:10.240 --> 0:18:13.760
<v Speaker 1>He was more used to recording sports events, but now

0:18:13.840 --> 0:18:16.320
<v Speaker 1>he'd been put on the trial of the century.

0:18:16.720 --> 0:18:21.800
<v Speaker 5>It's the la mauria bonando being only externo.

0:18:21.960 --> 0:18:24.000
<v Speaker 6>When a foreigner from any country comes to live in

0:18:24.040 --> 0:18:28.000
<v Speaker 6>Pusto Rica, people would normally think this is good because

0:18:28.000 --> 0:18:30.560
<v Speaker 6>they might bring investment or aid and development to the

0:18:30.600 --> 0:18:34.760
<v Speaker 6>communities or whatever. So at first the opinion was these

0:18:34.760 --> 0:18:37.200
<v Speaker 6>are good and nice people who came to support the community.

0:18:37.520 --> 0:18:40.240
<v Speaker 6>But when all this starts to come out, people thought, hmm,

0:18:40.800 --> 0:18:42.800
<v Speaker 6>maybe none of this was what they made it out

0:18:42.840 --> 0:18:43.000
<v Speaker 6>to be.

0:18:44.240 --> 0:18:47.760
<v Speaker 1>And unlike any other trial in Costa Rican history, the

0:18:47.800 --> 0:18:50.560
<v Speaker 1>public could read and watch every twist and turn of

0:18:50.640 --> 0:18:54.399
<v Speaker 1>the story. It became a soap opera and everyone was

0:18:54.400 --> 0:18:55.320
<v Speaker 1>talking about it.

0:18:56.040 --> 0:18:58.600
<v Speaker 6>In most trials, it's requested not to be pressed or

0:18:58.640 --> 0:19:02.280
<v Speaker 6>media present. Understand, Anne's defense did not want the media

0:19:02.280 --> 0:19:04.320
<v Speaker 6>in the courtroom, but since this was a case of

0:19:04.359 --> 0:19:07.000
<v Speaker 6>public interest, all media could be at the trial.

0:19:07.320 --> 0:19:10.919
<v Speaker 1>The speculation could be as fantastic as it was cruel.

0:19:11.600 --> 0:19:15.359
<v Speaker 1>There was miles and miles of newsprint discussing every theory

0:19:15.440 --> 0:19:19.560
<v Speaker 1>under the sun, including one which suggested Anne may not

0:19:19.640 --> 0:19:23.119
<v Speaker 1>have pulled the trigger but paid for the hit on John.

0:19:24.160 --> 0:19:27.720
<v Speaker 1>So this was all swirling around while Anne's lawyers fought

0:19:27.720 --> 0:19:33.800
<v Speaker 1>her conviction. Then, unbelievably, another tragedy was to strike Anne.

0:19:34.280 --> 0:19:38.560
<v Speaker 1>Six months into her sentence, she got some news. Greg,

0:19:38.640 --> 0:19:43.320
<v Speaker 1>her partner who'd been dedicated to the campaign for her release, died.

0:19:44.440 --> 0:19:49.000
<v Speaker 1>It was November sixteenth, twenty fourteen. It's easy and tempting

0:19:49.080 --> 0:19:52.560
<v Speaker 1>to assume Greg's death must be connected to everything else,

0:19:53.320 --> 0:19:57.000
<v Speaker 1>but Greg died from an asthma attack. It was totally

0:19:57.119 --> 0:20:03.919
<v Speaker 1>random and awful. Nevertheless, speculation and conspiracy theories once again flourished.

0:20:04.760 --> 0:20:09.320
<v Speaker 1>Anne was devastated, grieving again, this time for her boyfriend Greg,

0:20:09.880 --> 0:20:14.760
<v Speaker 1>wondering if she would ever get out of prison. But

0:20:14.960 --> 0:20:18.639
<v Speaker 1>then there was a major development. It was nine months

0:20:18.680 --> 0:20:21.840
<v Speaker 1>into her sentence. Anne was in her cell. It was

0:20:21.880 --> 0:20:24.720
<v Speaker 1>a regular day inside as far as she was concerned,

0:20:25.440 --> 0:20:29.960
<v Speaker 1>until a guard appeared out of the blue. He told

0:20:29.960 --> 0:20:32.960
<v Speaker 1>her that her case had been thrown out, there was

0:20:33.000 --> 0:20:35.919
<v Speaker 1>going to be a third trial, and she was to

0:20:35.960 --> 0:20:40.440
<v Speaker 1>be released immediately. She was free to go. Her lawyers

0:20:40.440 --> 0:20:43.440
<v Speaker 1>had been working round the clock to secure a retrial,

0:20:43.520 --> 0:20:46.919
<v Speaker 1>and they had succeeded. A judge had reviewed the case

0:20:47.000 --> 0:20:50.600
<v Speaker 1>and made the decision. She said this to reporters. An

0:20:50.640 --> 0:20:52.440
<v Speaker 1>actor is speaking Anne's words.

0:20:53.600 --> 0:20:55.359
<v Speaker 4>They just told me to get my stuff together and

0:20:55.400 --> 0:20:59.200
<v Speaker 4>I left the prison. I'm really grateful that the appellate

0:20:59.240 --> 0:21:00.000
<v Speaker 4>court made the right to time.

0:21:00.920 --> 0:21:03.600
<v Speaker 1>Even though the prospect of a further trial must have

0:21:03.680 --> 0:21:07.679
<v Speaker 1>been terrible. It was another chance to prove her innocence

0:21:07.720 --> 0:21:11.439
<v Speaker 1>and get out of the country. Carol again had a

0:21:11.520 --> 0:21:12.600
<v Speaker 1>ringside seat.

0:21:13.160 --> 0:21:16.679
<v Speaker 3>Then there was a third trial, which was longer than

0:21:16.720 --> 0:21:21.360
<v Speaker 3>the first two and better attended than the first two.

0:21:22.480 --> 0:21:24.840
<v Speaker 3>It was war to war people, I mean, you couldn't

0:21:24.880 --> 0:21:25.879
<v Speaker 3>get into the courtroom.

0:21:26.160 --> 0:21:28.959
<v Speaker 1>Anne was now not only fighting for her freedom, but

0:21:29.119 --> 0:21:33.040
<v Speaker 1>her life. She knew what prison was like and probably

0:21:33.080 --> 0:21:35.880
<v Speaker 1>knew that if she went back she might not survive

0:21:36.000 --> 0:21:47.520
<v Speaker 1>the terrible conditions. Shortly before the trial, the defense team,

0:21:47.560 --> 0:21:52.160
<v Speaker 1>including Anne's family, moved to a local hotel in Perizelodon

0:21:53.080 --> 0:21:55.160
<v Speaker 1>Hotel zimmer.

0:21:57.880 --> 0:22:02.440
<v Speaker 5>My name is Santiago. I'm from Costa Rica. We live

0:22:02.440 --> 0:22:03.320
<v Speaker 5>in Sanny Sidro.

0:22:04.160 --> 0:22:07.800
<v Speaker 1>That's Santiago, the laid back manager of Hotel Zimma. And

0:22:07.880 --> 0:22:11.400
<v Speaker 1>next to him is his wife Anna. We're sitting outside

0:22:11.480 --> 0:22:14.080
<v Speaker 1>in the shade of a large tree. We have to

0:22:14.080 --> 0:22:17.199
<v Speaker 1>stop our interview at times because the parrots are so loud.

0:22:17.920 --> 0:22:21.480
<v Speaker 1>This is where Anne and her entourage stayed. It's tucked

0:22:21.520 --> 0:22:24.040
<v Speaker 1>away in the back streets of the town, but also

0:22:24.160 --> 0:22:27.679
<v Speaker 1>within walking distance of the court. I asked them to

0:22:27.760 --> 0:22:31.440
<v Speaker 1>describe the moment that Anne Bender arrived at their hotel.

0:22:32.000 --> 0:22:35.520
<v Speaker 5>Everybody wants to meet her or see her, you know,

0:22:35.600 --> 0:22:38.920
<v Speaker 5>the first time, and we were waiting for her, that

0:22:38.960 --> 0:22:42.520
<v Speaker 5>she was coming and she was dying. She said, hello,

0:22:42.600 --> 0:22:45.159
<v Speaker 5>how are you? She says the whole thing, but she

0:22:45.280 --> 0:22:46.080
<v Speaker 5>was kind of tired.

0:22:46.640 --> 0:22:49.520
<v Speaker 1>Along with Anne came her own personal protection.

0:22:50.480 --> 0:22:57.120
<v Speaker 5>She got two guys, armed guys in the main entrance. Yeah,

0:22:57.240 --> 0:23:00.880
<v Speaker 5>well you don't see their arms like undercover, but they

0:23:00.920 --> 0:23:02.280
<v Speaker 5>have big guns.

0:23:03.400 --> 0:23:05.760
<v Speaker 1>And was supported by her family.

0:23:06.280 --> 0:23:07.720
<v Speaker 5>Her father, mother.

0:23:08.160 --> 0:23:12.680
<v Speaker 1>And her brother Kevin. Even doctor Lozano, her psychiatrist, who

0:23:12.680 --> 0:23:15.840
<v Speaker 1>we heard in an earlier chapter, stayed at the hotel

0:23:16.280 --> 0:23:20.399
<v Speaker 1>preparing to give evidence. It was quite a spectacle for

0:23:20.440 --> 0:23:25.960
<v Speaker 1>this quiet town taken over by the international media. Santiago

0:23:26.040 --> 0:23:28.040
<v Speaker 1>took me to the streets to show me where it

0:23:28.080 --> 0:23:31.520
<v Speaker 1>all happened. At the time. Roads were closed in order

0:23:31.560 --> 0:23:34.439
<v Speaker 1>to cope with the huge level of interest in the trial.

0:23:35.600 --> 0:23:41.399
<v Speaker 5>This is the courthouse. Reporters were from that corner to here.

0:23:41.720 --> 0:23:44.480
<v Speaker 1>Reporters all the way along and in.

0:23:44.480 --> 0:23:49.160
<v Speaker 5>That in that I walked too, from there to there

0:23:49.760 --> 0:23:54.800
<v Speaker 5>all the still like yes, just sitting there wait waiting

0:23:54.840 --> 0:23:58.399
<v Speaker 5>for and there were cameras. That one over there was

0:23:58.440 --> 0:24:00.680
<v Speaker 5>closed because it was a lot of people, so it.

0:24:00.600 --> 0:24:03.040
<v Speaker 1>Was it was like a really big moment for the

0:24:03.080 --> 0:24:03.760
<v Speaker 1>whole town.

0:24:04.040 --> 0:24:09.360
<v Speaker 5>And there were guards all over the court over there. Yeah,

0:24:09.400 --> 0:24:12.679
<v Speaker 5>the Howard patrol were there stopping the cars to go

0:24:12.800 --> 0:24:14.640
<v Speaker 5>this way and the other way too.

0:24:15.240 --> 0:24:17.960
<v Speaker 1>That must have been. That's quite a spectacle, isn't it.

0:24:18.400 --> 0:24:19.879
<v Speaker 1>And how long did that go on for?

0:24:22.000 --> 0:24:25.880
<v Speaker 5>That was maybe maybe one week. Every day were they

0:24:25.880 --> 0:24:29.560
<v Speaker 5>were waiting and waiting waiting for results from from the tork.

0:24:29.720 --> 0:24:33.960
<v Speaker 1>It's crazy, isn't it. The couple really felt for their guest.

0:24:34.680 --> 0:24:40.639
<v Speaker 5>She looks devastated every day, you know, she was so sad.

0:24:41.320 --> 0:24:45.200
<v Speaker 5>She was every day dressed in black. She was using the.

0:24:45.160 --> 0:24:49.680
<v Speaker 1>Crashes, using crutches to walk because she was physically weak.

0:24:51.080 --> 0:24:54.480
<v Speaker 1>Santiago and Anna told us that Anne would come back

0:24:54.480 --> 0:24:57.720
<v Speaker 1>from the trial to the hotel and cry. There was

0:24:57.760 --> 0:25:02.120
<v Speaker 1>a bubble of sadness around her, but they felt helpless.

0:25:02.480 --> 0:25:06.400
<v Speaker 1>How could they make her feel better? They couldn't. The

0:25:06.400 --> 0:25:09.560
<v Speaker 1>only relief for Anne would be her freedom.

0:25:11.640 --> 0:25:13.560
<v Speaker 4>We were looking to set up the shelter to live

0:25:13.760 --> 0:25:15.680
<v Speaker 4>a calm and peaceful life here.

0:25:16.640 --> 0:25:21.200
<v Speaker 1>It's May twenty fourteen inside the court and testified again,

0:25:21.960 --> 0:25:26.480
<v Speaker 1>this time in painstaking detail, explaining how John was suicidal.

0:25:27.480 --> 0:25:31.320
<v Speaker 1>She started with his physical health problems, the stroke that

0:25:31.520 --> 0:25:34.240
<v Speaker 1>encouraged them to change their pace of life in two

0:25:34.280 --> 0:25:39.480
<v Speaker 1>thousand and told her story in her own words. An

0:25:39.520 --> 0:25:41.040
<v Speaker 1>actor reads her testimony.

0:25:41.440 --> 0:25:44.040
<v Speaker 4>It just highlighted b us that moving here to stop

0:25:44.119 --> 0:25:46.960
<v Speaker 4>hustling too hard was the best thing to do. John

0:25:46.960 --> 0:25:49.800
<v Speaker 4>had never had a physical problem before. He could work

0:25:49.880 --> 0:25:53.080
<v Speaker 4>twenty two hours a day, but that summer he was

0:25:53.119 --> 0:25:55.840
<v Speaker 4>at a breaking point, and then he really learned that

0:25:56.040 --> 0:25:59.000
<v Speaker 4>it was best to continue with the plan we'd decided.

0:25:59.359 --> 0:26:01.560
<v Speaker 4>So we were looking to set up the shelter to

0:26:01.760 --> 0:26:04.399
<v Speaker 4>live a calm and peaceful life in San Jose.

0:26:05.200 --> 0:26:09.720
<v Speaker 1>She continued to detail their ever worsening health problems, including

0:26:09.720 --> 0:26:10.760
<v Speaker 1>her limes disease.

0:26:11.880 --> 0:26:14.520
<v Speaker 4>So they were about five or six years when we

0:26:14.520 --> 0:26:17.800
<v Speaker 4>were trying to understand what was happening to me physically,

0:26:17.960 --> 0:26:21.640
<v Speaker 4>and in early two thousand and nine.

0:26:20.880 --> 0:26:23.000
<v Speaker 1>My disease was quite advanced.

0:26:23.640 --> 0:26:27.080
<v Speaker 4>John got some type of chicken pox and he was

0:26:27.119 --> 0:26:32.120
<v Speaker 4>having trouble with terrible sores. We lost some animals from

0:26:32.119 --> 0:26:35.160
<v Speaker 4>the shelter and it really affected my husband.

0:26:35.720 --> 0:26:39.320
<v Speaker 1>Then there were those gemstones, which many suggested were a

0:26:39.440 --> 0:26:44.639
<v Speaker 1>tax dodge. She explained them away as secure investments during

0:26:44.680 --> 0:26:46.800
<v Speaker 1>a period of financial uncertainty.

0:26:47.359 --> 0:26:50.119
<v Speaker 4>So John decided, with the advice of this man, to

0:26:50.240 --> 0:26:53.480
<v Speaker 4>invest in gyms, and this was something a lot of

0:26:53.520 --> 0:26:57.440
<v Speaker 4>people were doing then, so there was an economic recession

0:26:57.520 --> 0:26:58.000
<v Speaker 4>at the time.

0:26:58.600 --> 0:27:02.639
<v Speaker 1>And she told the court about John's previous suicide attempts.

0:27:03.160 --> 0:27:05.720
<v Speaker 4>I saw him when he tried to commit suicide twice,

0:27:06.400 --> 0:27:09.679
<v Speaker 4>you know, I'm aware of two times. I saw that

0:27:09.760 --> 0:27:13.040
<v Speaker 4>he tried to electrocute himself. That was at the end

0:27:13.040 --> 0:27:15.639
<v Speaker 4>of two thousand and eight, and then in two thousand

0:27:15.680 --> 0:27:19.680
<v Speaker 4>and nine, at the end of November, he tried to

0:27:19.760 --> 0:27:20.840
<v Speaker 4>jump down the elevator.

0:27:21.560 --> 0:27:25.239
<v Speaker 1>That's the elevator at the house, which wasn't enclosed, just

0:27:25.280 --> 0:27:27.280
<v Speaker 1>a platform that went up and down.

0:27:28.080 --> 0:27:30.359
<v Speaker 4>We were dealing with so many things at the same time.

0:27:31.240 --> 0:27:33.920
<v Speaker 4>My symptoms were getting worse, and we're getting information from

0:27:33.920 --> 0:27:38.240
<v Speaker 4>the trustee that there were problems with the money. John

0:27:38.400 --> 0:27:41.480
<v Speaker 4>decided on the advice of the trustee to invest in

0:27:41.520 --> 0:27:45.600
<v Speaker 4>gems and jewels, and so he thought that because the

0:27:45.600 --> 0:27:48.520
<v Speaker 4>trustee said that that we were having cash flow problems,

0:27:49.000 --> 0:27:51.119
<v Speaker 4>and John was really blaming himself for all of it.

0:27:51.960 --> 0:27:55.360
<v Speaker 4>He felt that, and we talked about this every single day.

0:27:56.560 --> 0:27:57.800
<v Speaker 1>He felt that it was his fault.

0:27:58.400 --> 0:28:01.119
<v Speaker 4>John felt like a complete failure, not only when it

0:28:01.160 --> 0:28:04.680
<v Speaker 4>came to investments, but also he was trying to look

0:28:04.680 --> 0:28:06.720
<v Speaker 4>for a way to help me with my illness.

0:28:07.400 --> 0:28:10.160
<v Speaker 1>She explained, how have mental health declined to.

0:28:10.640 --> 0:28:15.200
<v Speaker 4>You know, my type of bipolarity manifests in a more

0:28:15.640 --> 0:28:20.320
<v Speaker 4>typical way, So there are times sometimes years where I

0:28:20.359 --> 0:28:23.040
<v Speaker 4>might not have a single episode at all. And John

0:28:23.040 --> 0:28:26.440
<v Speaker 4>and I were able to find that over the years,

0:28:27.200 --> 0:28:29.720
<v Speaker 4>I could do certain things to stay in a good

0:28:29.720 --> 0:28:32.560
<v Speaker 4>state of mind, like if I slept well and ate well.

0:28:34.400 --> 0:28:39.800
<v Speaker 4>But John is manifested in what's called rapid cycling. He

0:28:40.200 --> 0:28:42.680
<v Speaker 4>was talking about suicide every single day.

0:28:46.080 --> 0:28:49.240
<v Speaker 1>Carol Voo listened to all this with great sadness.

0:28:50.040 --> 0:28:53.000
<v Speaker 3>Well, I feel he died way too young, and he

0:28:53.040 --> 0:28:55.040
<v Speaker 3>had so much more to live for and he was

0:28:55.080 --> 0:28:59.480
<v Speaker 3>doing such great work on the reserve. He felt he

0:28:59.560 --> 0:29:04.000
<v Speaker 3>was gonna find a cure for a len disease from

0:29:04.040 --> 0:29:09.640
<v Speaker 3>which she suffered. He was very much into natural medicine

0:29:10.240 --> 0:29:13.760
<v Speaker 3>and thought the cure for Anne, both her mental problems

0:29:14.400 --> 0:29:17.880
<v Speaker 3>and her physical problems, was right there on the nature reserve.

0:29:17.920 --> 0:29:20.480
<v Speaker 3>It was just a matter of time until he found it.

0:29:21.480 --> 0:29:25.000
<v Speaker 1>And what do you think in the end affected him

0:29:25.040 --> 0:29:27.480
<v Speaker 1>so deep? People, what happened to him.

0:29:28.880 --> 0:29:31.600
<v Speaker 3>I'm only guessing. I'm never I never met him.

0:29:32.920 --> 0:29:35.640
<v Speaker 1>Carol has her own view on what happened, as we

0:29:35.680 --> 0:29:38.760
<v Speaker 1>heard in the last episode, but she doesn't deny that

0:29:38.920 --> 0:29:41.040
<v Speaker 1>John was in a very dark place.

0:29:41.880 --> 0:29:48.680
<v Speaker 3>From what I read about his problems, he just couldn't.

0:29:48.720 --> 0:29:51.800
<v Speaker 3>He couldn't hack it. He couldn't. It's so hard living

0:29:51.840 --> 0:29:57.720
<v Speaker 3>in a foreign country, really, and he just couldn't, couldn't

0:29:57.800 --> 0:30:01.200
<v Speaker 3>keep it up. He was I was going into our

0:30:01.240 --> 0:30:06.000
<v Speaker 3>financial tailspin. Apparently he was losing money. His investments weren't

0:30:06.000 --> 0:30:10.800
<v Speaker 3>working out, and he just couldn't cop And I feel

0:30:10.880 --> 0:30:13.240
<v Speaker 3>very bad for him because it could be any of us.

0:30:13.960 --> 0:30:16.440
<v Speaker 3>I mean, I don't have huge investments, but the little

0:30:16.480 --> 0:30:20.760
<v Speaker 3>ones I've have, if I had problems that'd be be curtains.

0:30:21.560 --> 0:30:24.800
<v Speaker 1>But the trial wasn't just about whether John had been depressed.

0:30:25.320 --> 0:30:29.320
<v Speaker 1>That was never disputed. It was about that crime scene.

0:30:29.960 --> 0:30:32.240
<v Speaker 1>Remember we told you about those who believe Anne is

0:30:32.240 --> 0:30:36.160
<v Speaker 1>guilty always look at two pieces of evidence, the ear

0:30:36.240 --> 0:30:40.000
<v Speaker 1>plugs and the wound will This trial was the first

0:30:40.040 --> 0:30:44.640
<v Speaker 1>time the weaknesses in that evidence were properly scrutinized. After

0:30:44.680 --> 0:30:48.560
<v Speaker 1>getting out of prison, facing money problems and connected with

0:30:48.640 --> 0:30:52.200
<v Speaker 1>a team from CBS, A news crew who had hired

0:30:52.240 --> 0:30:57.320
<v Speaker 1>a married forensic duo, Selma and Richard eicklem Boom. In

0:30:57.360 --> 0:31:00.320
<v Speaker 1>a glitzy broadcast, the forensic pair looked at the I'm

0:31:00.320 --> 0:31:04.680
<v Speaker 1>seen and then demonstrated that there could be another explanation

0:31:04.800 --> 0:31:08.560
<v Speaker 1>to how John had died based on the forensics. They

0:31:08.720 --> 0:31:12.320
<v Speaker 1>argued that if Anne had pulled John's arm back, almost

0:31:12.400 --> 0:31:14.920
<v Speaker 1>like a bow and arrow, the gun could have gone

0:31:14.920 --> 0:31:18.040
<v Speaker 1>off at the back of his head and crucially on

0:31:18.080 --> 0:31:22.160
<v Speaker 1>the right hand side. It's all very US television crime show,

0:31:22.640 --> 0:31:26.160
<v Speaker 1>but actually it gave Anne access to experts who ended

0:31:26.240 --> 0:31:29.840
<v Speaker 1>up testifying at her third trial. They said the police

0:31:29.920 --> 0:31:34.560
<v Speaker 1>messed up, that their investigation was sloppy, and the ear

0:31:34.600 --> 0:31:38.480
<v Speaker 1>plugs they could be explained a million ways he could

0:31:38.480 --> 0:31:40.840
<v Speaker 1>have put them in to soften the noise of the jungle,

0:31:41.680 --> 0:31:45.400
<v Speaker 1>or never intended to actually go through with pulling the trigger.

0:31:46.560 --> 0:31:51.320
<v Speaker 1>Doctor Lozano, the psychiatrist, testified this time too, arguing Anne

0:31:51.360 --> 0:31:59.280
<v Speaker 1>wouldn't have been able to carry out a murder. Anne's

0:31:59.320 --> 0:32:02.440
<v Speaker 1>third trial would last for a week. Would all these

0:32:02.520 --> 0:32:06.320
<v Speaker 1>testimonies be enough? Would Anne get the verdict she longed for.

0:32:07.000 --> 0:32:10.000
<v Speaker 1>Her ninety seven year old grandmother was among the family

0:32:10.120 --> 0:32:14.000
<v Speaker 1>praying that she would be freed. As the judges retired

0:32:14.040 --> 0:32:19.360
<v Speaker 1>for the third time, she waited. One problem facing Anne

0:32:19.400 --> 0:32:22.560
<v Speaker 1>was that her passport had been seized. If she was freed,

0:32:22.880 --> 0:32:25.560
<v Speaker 1>she wouldn't be able to leave. This is where Carol

0:32:25.600 --> 0:32:26.600
<v Speaker 1>stepped into help.

0:32:26.880 --> 0:32:29.520
<v Speaker 3>But I knew that she didn't have a passport, and

0:32:29.560 --> 0:32:31.840
<v Speaker 3>you know, get out of ghostreat go without a passport.

0:32:32.680 --> 0:32:36.600
<v Speaker 3>So talk to the embassy, and the embassy said, relax,

0:32:37.000 --> 0:32:39.360
<v Speaker 3>We're going to get her a replacement passport.

0:32:39.640 --> 0:32:42.160
<v Speaker 1>On the last hour of the last day of the trial,

0:32:42.640 --> 0:32:46.120
<v Speaker 1>someone was deployed to ensure that Anne received her passport

0:32:46.640 --> 0:32:51.000
<v Speaker 1>and secretly gave it to her. Anne kept touching her

0:32:51.040 --> 0:32:54.440
<v Speaker 1>pocket to check it was there. It was her ticket

0:32:54.480 --> 0:33:01.240
<v Speaker 1>to freedom. Then the judges walked in Dan walk free

0:33:02.000 --> 0:33:04.440
<v Speaker 1>or return to prison for twenty two years.

0:33:06.360 --> 0:33:08.320
<v Speaker 3>We recognize we were getting to the end of the

0:33:08.360 --> 0:33:10.720
<v Speaker 3>third trial and no one had any idea whether she

0:33:10.800 --> 0:33:16.320
<v Speaker 3>was going to be found guilty or innocent, no idea whatsoever.

0:33:25.960 --> 0:33:29.560
<v Speaker 1>You've been listening to Helen Heaven from Exactly Right Media

0:33:29.640 --> 0:33:34.960
<v Speaker 1>and iHeart podcasts produced by Blanchard House, hosted, written and

0:33:35.040 --> 0:33:38.760
<v Speaker 1>produced by me Becky Milligan. The producer and co writer

0:33:39.080 --> 0:33:44.000
<v Speaker 1>is Poppy Damon. Music is by Daniel Lloyd Evans, Louis Nankmanell,

0:33:44.360 --> 0:33:48.040
<v Speaker 1>and Toby Mattamol. The sound recordistant head of Sound and

0:33:48.160 --> 0:33:52.080
<v Speaker 1>Music is Daniel Lloyd Evans. The lead sound designer is

0:33:52.160 --> 0:33:57.760
<v Speaker 1>Vulcan Kiseltook. The artwork is by Vanessa Lilac for Exactly

0:33:57.840 --> 0:34:02.440
<v Speaker 1>Right Media. The executive producers are Karen Kilgareth Georgia Hardstark

0:34:02.760 --> 0:34:07.959
<v Speaker 1>and Danielle Kramer, with consulting producer Lillie Ladderwig and associate

0:34:08.000 --> 0:34:13.480
<v Speaker 1>producer Jay Elias. The creative director of Blanchard House is

0:34:13.640 --> 0:34:17.640
<v Speaker 1>Rosie Pye. The executive producer and Head of Content at

0:34:17.680 --> 0:34:22.360
<v Speaker 1>Blanchard House is Lawrence Griselle. Listen to Helen Heaven on

0:34:22.440 --> 0:34:27.280
<v Speaker 1>the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.