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PRIMETIME JUSTICE WITH ASHLEIGH BANFIELD

Video Catches Lap Dance for 100-Year-Old Man; Former Reality Star and Boyfriend Beaten in Home Invasion; Crosby Won`t Testify; Coroner: Too Much Caffeine Kills Teen; Mane Blames Woman`s Death On His Penis; Close Call On Oncoming Train; Suspect Say woman Died After Rough Sex. Aired 8-9p ET

Aired May 16, 2017 - 20:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


(BEGIN VIDEOTAPE)

[20:00:00] JEAN CASAREZ, HLN HOST (voice-over): Caught on video, a nursing home worker giving a lap dance to a 100-year-old man. She`s been offered a

plea deal, but that could mean giving up what she loves to do.

BRITTANY FULTZ, CARETAKER: My passion is to help people and care for people. And I loved him.

CASAREZ: A "Real Housewives" home invasion, a former cast member the victim of a brutal burglary. That left Dina Manzo and her millionaire

boyfriend tied up and terrorized while masked thieves helped themselves to cash and jewelry.

UNIDENTIFIED MALE: I`m asking for a jury view of my client`s genitalia.

CASAREZ: Yes, you heard that right. An attorney for a defendant charged with murder asking the judge to allow jurors to see his client naked.

UNIDENTIFIED MALE: The allegations that they were having sexual intercourse, and I`m assuming the size of the penis does matter for the

defendant.

CASAREZ: They say you have to see it to believe it.

UNIDENTIFIED MALE: Going to be erect or is it going to be flaccid?

CASAREZ: She was last seen at Halloween party dressed up as Batman villain Poison Ivy.

UNIDENTIFIED FEMALE: (INAUDIBLE)

CASAREZ: Her accused killer now on trial for her murder, taking the stand in his own defense.

UNIDENTIFIED MALE: Did you cause Chelsea Brook`s (ph) death?

UNIDENTIFIED MALE: Yes.

CASAREZ: Why he says he didn`t mean for to it happen.

UNIDENTIFIED MALE: Did you intend to cause her death?

UNIDENTIFIED MALE: No, I did not.

(END VIDEO CLIP)

CASAREZ: Good evening. I`m Jean Casarez, in for Ashleigh Banfield. Thank you so much for joining us. This is PRIMETIME JUSTICE.

The video is nothing short of jaw-dropping, a nursing home worker in Ohio recorded on a cell phone giving a lap dance to a 100-year-old patient with

dementia! But now she could dance her way out of felony charges if she accepts a plea deal. Take a look at this video again.

(BEGIN VIDEO CLIP)

BRITTANY FULTZ, CARETAKER: I can show you new things.

UNIDENTIFIED MALE: (INAUDIBLE)

FULTZ: Yes. It`s disgusting! (INAUDIBLE)

UNIDENTIFIED MALE: (INAUDIBLE)

FULTZ: You do it. Woo-hoo!

(END VIDEO CLIP)

CASAREZ: The woman in that video, 26-year-old Brittany Fultz, admits to giving the lap dance and gyrating over the elderly man. But she says she

was just joking and she was trying to cheer him up.

(BEGIN VIDEO CLIP)

FULTZ: I did this all out of joking around. It`s got blown way out of proportion. I was just joking around with him and I meant nothing. It

meant nothing. It should have never even got this far.

(END VIDEO CLIP)

CASAREZ: Well, the nursing home fired Fultz, and prosecutors threw the book at her, charging her with gross sexual imposition, a felony. However,

Fultz has been offered a plea deal now which would reduce the charges against her to a misdemeanor. Fultz is considering it, but her attorney is

concerned that she will not be allowed to work in a nursing home again, which is making the decision a tough one.

Melissa Neeley is an anchor and reporter for 700 WLW radio. She joins us tonight from Cincinnati. Melissa, the video speaks for itself. But this

is what I want to get out. I want to get out the basic facts. This is a rest home, and this was a certified nursing assistant who had a patient who

had dementia.

MELISSA NEELEY, 700 WLW RADIO: That`s right. She had a lot of contact with this man. In fact, she said he was one of her favorite patients, and

he used to play the harmonica to her. So they had a close relationship, as she stated. And she felt like she was able to do these acts. I guess she

felt comfortable enough with him that she thought that it was appropriate in the workplace, but her employers disagree with that.

CASAREZ: Appropriate in the workplace -- she`s a certified nursing assistant. Now, what is she doing now? Is she still on the job? She`s

been charged with a felony. She`s currently charged with a felony. What`s she doing?

[20:05:04]NEELEY: No, she is not working at this time. The nursing home did fire her for this act. And as you know, she said she`s facing a felony

charge which very serious, and they may plead that down to a misdemeanor. But if she does that, she will lose her license and not be able to work

with the elderly ever again.

CASAREZ: So if she pleads to the misdemeanor, then she may lose her license. Well, Geoffrey Oglesby is the attorney for Brittany Fultz, and he

joins us tonight from Sandusky, Ohio. Thank you, sir, again for joining us. We did this story several months ago. And your client, currently

charged with a felony that could land her in prison, has been offered a misdemeanor. So why not? I mean, that`s seems like it`s a really good

deal.

GEOFFREY OGLESBY, ATTORNEY FOR BRITTANY FULTZ (via telephone): Well, yes, you know, it`s a great deal if she`s guilty. It`s a bad deal if she`s not.

You know, we`ve always had problems with the elements in this particular case. However, the state of Ohio has offered to give us a plea deal on

this particular case and the plea that they`re offering, which is in the area of sexual imposition, is essentially what she should have been charged

with in the very beginning.

CASAREZ: All right, now, she`s charged currently with gross sexual imposition.

OGLESBY: Yes.

CASAREZ: What is your defense? Why do you say that she has not fulfilled the elements of that crime?

OGLESBY: OK, well, if you read it -- if you read the statute and you can comprehend it, 2907.05...

CASAREZ: I`m an attorney. Go ahead.

OGLESBY: OK, then, I`m giving it to you. 85 (ph) says the ability of the other person to resist or consent or the ability of one of the other

persons to resist or consent is substantially impaired because of a mental or physical condition.

This was not the case in this particular case. You have part of the tape, but there`s also a part which shows that he did have the ability to resist

or consent. If that is there, then that element is not met. If they cannot prove that element in and of itself, the jury would have to find her

not guilty. The man can resist, OK? And that`s what everybody kind of seems to forget. You know, you look at this by way of the fuzzy feeling of

guilt because of what happened. But that...

CASAREZ: No, I`m looking at the transcript -- I`m looking at the transcript of what she says and what he says. I see him vacillating. I

see him say, I can`t, numerous times. You know, sir, let`s listen and let`s watch, and listen closely to the words. Let`s watch a little bit

more of this tape that was on the cell phone video inside his room.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: (INAUDIBLE)

UNIDENTIFIED MALE: As long as you want.

FULTZ: What did you say?

UNIDENTIFIED FEMALE: As long as you want.

UNIDENTIFIED FEMALE: (INAUDIBLE)

UNIDENTIFIED MALE: (INAUDIBLE)

UNIDENTIFIED FEMALE: And how old are you?

FULTZ: 67.

UNIDENTIFIED MALE: 67?

FULTZ: Yes. Where`d your teeth go? You have no teeth. I can`t be with you. You`re going to buy me some? Are you going to buy me some?

UNIDENTIFIED MALE: No. (INAUDIBLE)

FULTZ: `Bye.

(CROSSTALK)

UNIDENTIFIED FEMALE: Oh, my God.

(END VIDEO CLIP)

CASAREZ: And joining us now, defense attorney David Bruno with me here in New York and Kenya Johnson joining us from Atlanta. David, your thoughts.

DAVID BRUNO, FORMER PROSECUTOR: Yes, I think the prosecutor`s plea offer is a fair one because they`re not killing a bug with a sledgehammer here.

It`s a reasonable thing. And the fact that she may not be able to work in a place like this is probably a good thing. You know, looking at this

video, and the video does speak for itself, and it`s concerning that this individual probably shouldn`t be in this type of environment.

CASAREZ: You know, I spoke with her the last time we did this case on the air. And I want to show everybody because she admits something as she

spoke with me. Listen to this.

(END VIDEO CLIP)

CASAREZ: How many other times did you do this?

FULTZ: Just joking around, not many times. I mean, it`s not like...

CASAREZ: Oh, not many times?

FULTZ: I mean, he (ph) joked around a lot.

CASAREZ: You did do it some other times. You did. You did.

(END VIDEO CLIP)

CASAREZ: So Mr. Oglesby, she admits that she had done it before. So she admits that she did much of this. And she did touch him. She touched him.

He has dementia, so his mental capacity is limited to be able to consent or not consent. How is this justified under the law?

[20:10:08]OGLESBY: Listen, the things that they did -- there are things that he did to her that`d make President Trump blush. The bottom line is

this, OK, they...

CASAREZ: So you`re blaming the victim?

OGLESBY: ... fooled around with each other. They...

CASAREZ: You`re saying that he`s at fault?

OGLESBY: Now, ma`am, did I say he was at fault?

CASAREZ: Yes! You said that he...

OGLESBY: I`m said (INAUDIBLE)

CASAREZ: ... he did things to her that would make people blush.

OGLESBY: No, I said President Trump blush. That`s what I said.

Listen, you have to understand what occurred there, OK? And no matter how you want to paint it, there are certain elements of crimes that have to be

proven. The fact that you`re disgusted with her or you don`t like it or you want to scream and shout about it doesn`t make the fact the fact. The

bottom line is, as far as gross sexual imposition is concerned, a felony, the elements cannot be met.

That`s why the state -- they`re the ones that are closest to the case, and they`re saying, Look, we`re making this offer to you. And my client is

inclined to accept it because she doesn`t want to have to have this man go to court and be subjected to cross-examination and a whole host of other

things. The family wants it over with.

CASAREZ: So is the victim still with us? Is this man still alive?

OGLESBY: Yes, he`s still alive.

CASAREZ: If you...

OGLESBY: You know, the bottom line is if you can hear him say no, then he has the ability to resist. I mean, I don`t understand...

CASAREZ: I see -- I hear heard him say a lot of things. I`m reading a lot of things in this transcript. So if you decide...

OGLESBY: Well, can you -- if you can understand -- no, no. Hold on a minute. If you can understand him, then he has the ability to resist or

consent.

CASAREZ: People can talk and not know what they`re saying. People cannot understand and consent.

OGLESBY: No, (INAUDIBLE) he did (INAUDIBLE)

CASAREZ: Words are words.

(CROSSTALK)

CASAREZ: Here`s what I want to ask you. If you do not take the plea deal because she could lose her certification, would you then take this to

trial?

OGLESBY: It`s difficult because my job is to advise not dictate. And my client is leaning towards taking the deal for various reasons, OK? And one

of the issues is losing her license, OK? So that`s something we have to look into. The offer is still on the table.

We went to court the other day and we continued it so we could look at some things so that Ms. Fultz can fully understand, you know, what she`s giving

up should she enter this plea. The fact it`s off the felony table is a win-win because it`s highly unlikely that this will go to trial. This

older man does not have go to trial. And I can assure you, based on what she said, he understands things that are going on. So (INAUDIBLE)

CASAREZ: You know, Mr. Oglesby, I want to interrupt you because I do want Brittany`s side here from Brittany herself. She spoke to us the last time

on the show. Let`s listen to Brittany. She said she cared for this man.

(BEGIN VIDEO CLIP)

FULTZ: ... ever would I ever hurt anybody. My passion is to help people and care for people. And I loved him. And everybody can say what they

want to say and think bad of me, but I know that I`m a good person, and I know that (EXPLETIVE DELETED) likes me.

(END VIDEO CLIP)

CASAREZ: All right, Kenya Johnson, I want to give you the last word on this, attorney out of Atlanta tonight.

KENYA JOHNSON, DEFENSE ATTORNEY: Well, for every crime, there has to be a victim, and the prosecution`s first step needs to be whether this guy

thinks that he was victimized, whether he feels a crime happened to him. Now, if he didn`t have the capacity to consent or to refuse, then we need

to look a little further whether he was lucid at that moment, whether he really couldn`t make that decision.

It seems like he was playing back with her. So there is a question on whether he was offended or opposed to that behavior. But at this point,

prosecutors have to look and see whether the actions match the crime and match the consequence that will come from it.

CASAREZ: All right. Good words. Very good.

A "Real Housewife of New Jersey" and her boyfriend -- they are both injured in a brutal home invasion, and the suspects are still on the loose.

Plus, Bill Cosby -- he is speaking out for the very first time in two years, saying that he will not be testifying in his upcoming sexual assault

trial.

(COMMERCIAL BREAK)

[20:18:31]CASAREZ: A brutal home invasion in New Jersey. Police say the home owners were tied up by masked robbers, their cash and their jewelry

were stolen. But the incident wasn`t caught on video that we know of and there`s no surveillance video of the suspects running away. However, this

is big news because of the victim who made her name on one of the most popular reality television show franchises.

(BEGIN VIDEO CLIP)

DINA MANZO, "REAL HOUSEWIVES OF NEW JERSEY": The bitch is back. And if you don`t like it, you can kiss my ass.

(END VIDEO CLIP)

CASAREZ: And that`s Dina Manzo, formerly of Bravo`s "Real Housewives of New Jersey." The attorney for Manzo and her millionaire boyfriend, Dave

Canten, confirms the two were victims of a brutal attack.

According to police, who did not name the victims, the pair was beaten. They were bound together as their attackers ransacked the home and left.

The couple actually freed themselves a short time later and they called police. Both were treated at the hospital for their injuries, including a

broken nose for Canten, who was hit with a baseball bat.

Now, Alan Duke is the editor-in-chief of Leadstories.com. He joins us tonight from Los Angeles. Alan, it`s really good to see you.

Now, I know this is a glamorous couple. You can give us the background. But the assailants are still on the loose. That`s the reality of this. I

mean, start from the beginning. What do we know?

ALAN DUKE, LEADSTORIES.COM: Well, apparently, they were masked. And this couple, Manzo and Canten, walked in on a burglary in progress. That`s the

best guess here.

[20:20:04]And one of the burglars had a baseball bat and hit Canten over the face several times, broke his nose, sent him to the hospital with what

police are calling significant facial injuries. As for Manzo, she also was assaulted, struck in the face and received some facial injuries and had to

go to the hospital.

But what clues do they have? The police aren`t saying. They only announced this, officially gave us details yesterday about this. But they

were armed and -- rather, they were masked, and so we really don`t know much about who they were.

CASAREZ: Right. And they were armed, you`re right. I mean, a baseball bat is a deadly weapon. No question about it. You know, Alan, they had

just come home from a first communion, right, at a notable`s home. Tell us about that.

DUKE: Yes. Dina is the godmother of Audrianna (ph), age 7, who happens to be the daughter of Teresa Giudice. And so now Dina and -- well, Canten and

Manzo both live in Los Angeles after the -- after she left the show, they moved out here. So she was just really visiting, even though they have the

townhouse there. They were -- they flew from Los Angeles to there for the first communion. And it apparently happened right after that or close to

it because the pictures from the communion don`t show any broken nose or facial injuries.

CASAREZ: Right. Right. Now, you are watching right now on your screen -- this is from Bravo`s "The Real Housewives of New Jersey." Alan, isn`t it

true that her boyfriend, who is a victim in all of this, too, Dave Canten - - very wealthy businessman, owns car agencies, just a real entrepreneur on both coasts, East Coast and West Coast.

DUKE: Right. And so they live out here. If you`re going to choose between that town in New Jersey -- Homedale, I think it`s called -- or Los

Angeles, Hollywood and Beverly Hills, which you`re going to choose if you`ve got a lot of money. They chose Los Angeles, and so they`re out here

with me.

CASAREZ: Right. And Alan, we`ve got some more video we want to show people because if you know the name Dina Manzo, you might know it from

HGTV. She had her own show there, "Dina`s Party." Let`s watch some of that.

(BEGIN VIDEO CLIP)

MANZO: Hi. I`m Dina Manzo. Welcome to my home. Come on in, and I`ll show you around.

This is the first room that you walk into when we use what I like to call my front door, which is actually the side door. So everyone is greeted by

the kitchen, which I think is light and bright and fun, and of course, it`s where everyone likes to hang out, including my daughter, Lexy (ph). And

this is her friend, Lexy.

(CROSSTALK)

MANZO: Lexy`s like another daughter. She`s always hanging around. And I don`t get their names confused, so pretty easy.

(END VIDEO CLIP)

CASAREZ: Now, we do have this statement from Dina Manzo and David Canten`s attorney, Andrew Bretler (ph). "Dina and D avid are obviously shaken up

from the traumatic and violent home invasion and robbery. No one should ever have to go through what they did. They are grateful to law

enforcement and the other emergency responders and appreciate everyone`s concern and well wishes."

David Bruno, I think they`re lucky to be alive.

BRUNO: Absolutely. This is a very serious crime. I investigated these. I was a major crimes assistant prosecutor in Morris County, New Jersey.

And the fact is, this is a kidnapping. This is a first degree crime, one of the most serious in our statutes. And yes, the trauma of going through

an experience like that is telling.

CASAREZ: But here`s the problem. And Kendra (sic), they had masks on. Kendra Johnson joining us in Atlanta. They were -- Kenya, they had masks

on so there is no identification of these people to know exactly who they are. How can authorities find someone?

JOHNSON: Absolutely. Well, any time there is a crime, someone leaves something behind. And even if there can`t be a facial recognition of

identification, hopefully, there are circumstances that yield to additional evidence, be it tire prints, be it fingerprints, anything that could

connect the assailants to this particular crime. This is the down side of celebrity. When you flaunt a lavish lifestyle, people will come for you.

It doesn`t mean that they deserve it or that they don`t enjoy the benefits of the law and security, but you just have to be aware when you enjoy this

type of celebrity.

CASAREZ: And Kenya, so what you`re saying is forensics could play a key in this. And everybody, what you`re looking at right now is Dina`s HGTV show,

"Dina`s Party."

Alan Duke, I mean, this was a couple that was just -- they were -- they were famous, especially she was, I mean, two shows, "The Housewives of New

Jersey," and HGTV. That show has ended, but it was on for several reasons. I mean, do police believe that they were targeted because of their fame?

DUKE: That`s a really good question. But keep in mind they don`t live there full-time. They`re out here in Los Angeles. Now, here`s, like, the

Kim Kardashian thing. You know, the Instagram thing, you tell where you are. They had just tweeted where they were.

[20:25:00]So maybe if there`s a fan or somebody who`s a criminal fan knew that they were in town, said, Let`s go, we know where they live. Maybe

that`s one of the things that happened. Another thing -- I`m really surprised they didn`t have a security system, and we don`t have security

video. What`s up with that?

CASAREZ: You are so right. I mean, Alan, a burglar system, a camera system -- I mean...

DUKE: Please! Especially if it`s a house you don`t live in all the time.

CASAREZ: Yes. No question about it. You know, David, this reminds me a bit of Kim Kardashian...

BRUNO: Yes, sure.

CASAREZ: ... In Paris. And last week, we had physicians that were engaged in Boston, anesthesiologists, and they were both murdered inside their

apartment. But the motive here was to get jewelry.

BRUNO: Yes. Sure.

CASAREZ: I mean, it`s jewels that the robbers took.

BRUNO: Yes, that`s clearly the motive. And in the Kardashian case, it was actually reported that they were planning this for over a year. So this

may be similar. Forensics is important, like your previous guest said, but also who has been in contact, who`s been watching? Is there security? Are

there other contractors that have been in contact with this family? And that investigation has to take place, as well. And canvassing around the

neighbors, the video surveillance from up the street and maybe in the neighborhood. So all those things are things that prosecutors and police

are looking at right now.

CASAREZ: You know, Kenya they went to the hospital, which was important because he had a broken nose, she had just severe damage because of being

beaten and hit like she was. But that`s extremely important once you get to court, once you have those defendants, to be able to put that emergency

room physician on the stand.

JOHNSON: Absolutely. Because they documented the injuries right after they happened. And so we`ll glean some evidence from that initial contact.

Also, when it comes to celebrities and when it comes to forensics and -- you just have to look at everything. Leave no stone unturned. Someone saw

something.

And so oftentimes, victims of trauma don`t want to prosecute. They don`t want to face their assailants. They don`t want to tell the stories over

and over again. So it`s very important for victims of crime to follow through with the process. Go to court. Point the person out. Tell your

story, and that`s the best opportunity for justice to be done. Keeping quiet about it, taking it in, internalizing it only makes for additional

trauma on the victims.

CASAREZ: Alan, look towards the future. Where do we go from here? You`re out there in Los Angeles.

DUKE: Well, yes, and so are they now, apparently. They`ve returned here. Maybe it`ll be like the Kim Kardashian thing. Maybe eventually, some video

will show up, some images. Maybe the neighbor had a security camera and they caught something. A neighbor saw something and will say something.

So I think it`s just going to be good old-fashioned police work that`s going to solve this thing.

CASAREZ: I think you`re right. All right.

Embattled comedian Bill Cosby is speaking out for the first time in over two years. Jury selection in his sexual assault trial begins next week,

and he says that he will not be taking the stand to testify in his own defense.

(BEGIN AUDIO CLIP)

UNIDENTIFIED MALE: Well, let me ask one question. Do you expect to testify on your own behalf at that trial?

BILL COSBY: No, I do not.

UNIDENTIFIED MALE: Don`t you want to testify and tell your story?

COSBY: No.

UNIDENTIFIED MALE: Why not?

COSBY: Once again, I go back to lawyers. And there`s more than -- when you have to deal with examination, cross-examination, et cetera, et cetera,

more than two sides to every story. Sometimes, it`s four or five.

(END AUDIO CLIP)

CASAREZ: Cosby faces three counts of felony aggravated indecent assault in connection with a 2004 incident involving Temple University employee Andrea

Constand. Cosby told CNN host Michael Smerconish on his Sirius XM radio show that he was surprised and confused about how his deposition in a civil

settlement with Constand could be the part of the prosecution`s case now against him.

(BEGIN AUDIO CLIP)

COSBY: I have an emotion about what the judge did, and I`m still very much confused about how that came about and caused whatever is happening today.

UNIDENTIFIED MALE: In other words, you thought you had a deal, that case was over and the facts of it were done.

COSBY: No.

(LAUGHTER)

[20:30:00]COSBY: It`s the way it was put out and the way many people saw it, and you just said it. And I think -- I think the safest way to put it

is I agree with you.

(END AUDIO CLIP)

CASAREZ: If he is convicted, Bill Cosby could be sentenced up to 30 years in prison.

A 16-year-old South Carolina high school student who collapsed during class died from too much caffeine. The county coroner said Davis Allen Cripe

suffered a caffeine induced cardiac event. In a two hour span the Coroner said the teen had an energy drink, a McDonald`s cafe latte and large diet

mountain dew. The autopsy showed Cripe was healthy with no undiagnosed heart conditions and no other drugs or alcohol was found in his system.

(BEGIN VIDEO CLIP)

GARY WATTS, RICHLAND COUNTY CORONER: These drinks, amount of caffeine can ingest could have dire consequences. That is what happened in this case.

SEAN CRIPE, FATHER OF TEEN: I stand before you as a brokenhearted father and hope something good can come from these parents, please talk to your

kids about the dangers of these energy drinks.

(END VIDEO CLIP)

CASAREZ: Wow, one study finds three out of four children have some kind of caffeine each day.

In Houston, a dramatic near miss, you can see the approaching metro train. A teen darts across the tracks but he is not the only one. Check out the

younger kid, who starts across the tracks and then he turns back. Houston metro officials released the surveillance video to remind riders of the

dangers of oncoming trains.

Well, everybody has a story about the strange things that can happen during jury selection, but this defendant`s request, it`s a first. He is accused

of choking his girlfriend to death but he says he didn`t use his hands. Think a little bit on that one. Now, he wants to show the jury how that

could happen.

(COMMERCIAL BREAK)

[20:36:20] CASAREZ: A judge in Florida contemplating a big decision on a request made by a murder defendant`s attorney. Richard Patterson is charge

with second degree murder in the choking death of his girlfriend but the defense claims Martinez death was an accident and she was accidentally

choked during oral sex. To prove it, Patterson`s attorney wants the judge to allow the defendant to stand up in the courtroom and face the jury and

open up his bathrobe, take his clothes off, whatever, to expose himself to the jury.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I ask the court for a jury view of my client`s genitalia. This may become an issue for jurors during the course of this

case, based on the medical expert testimony from the doctor. I believe it`s pertinent, I believe it`s relevant. If there was any other instrument

talent or homicide allegation, that item would be in fact shown to the jury.

(END VIDEO CLIP)

CASAREZ: Though against the motion, prosecutors don`t necessarily object to Patterson giving the jury a view, if you know what I mean. They just

want to know how it would be shown to the jurors.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: With regards to the motion, I don`t necessarily have an objection if the jury wants to view the defendant`s penis. The issue in

this particular case, will it be erect or is it going to be flaccid? The allegations are they`re having sexual intercourse and I know it depends on

the size. Do we do it in open court and will it be erect? A flaccid penis, whether it be a picture or the jury seeing it is relevant, it needs

to be erect.

(END VIDEO CLIP)

CASAREZ: The judge has not made a decision yet and joining us tonight, Rafael Olmeda a reporter for the sun sentinel was in court today and joins

us from Fort Lauderdale. Rafael I want to make something parent here. This is serious, a lady lost her life. There is a victim here. Her name

Francisca Martinez and she is dead. He is charged with her murder, number one. Number two, this is potential evidence, in court, this is serious

stuff, and I want to start from the beginning, Rafael. What happened?

RAFAEL OLMEDA, SUN SENTINEL REPORTER: Well, what happened was Francisca Martinez died, that is the only thing both sides seem to agree on. After

she passed away, Richard Henry Patterson did not call 911 right away. And the big question for the jury --

CASAREZ: Hold on, this is evident. How did she pass away? How did she die?

OLMEDA: According to the autopsy we don`t know. It`s undetermined the cause of death. Was she strangled? Did she choke on something? Was she

smothered with a pillow? We simply don`t have that information. Was it a homicide, did somebody intentionally kill her. We don`t have that

information.

CASAREZ: What is the defense saying? They were boyfriend and girlfriend. He was 65, she is about 60. What does the defense say happened?

OLMEDA: The defense`s argument is during the course of oral sex the victim choked and died. The defendant actually was not aware immediately what

happened, so it either happened right after he was done or right before he was done. He got up, went to the bathroom, came back and she was

unresponsive. That is why --

[20:40:23] CASAREZ: How does the defense explain she choked and died?

OLMEDA: Right now, we haven`t gotten that far. All that they have said is that this did in fact happen. We`re waiting for the rest of the testimony.

I`m waiting to see if Patterson takes the stand because a lot of what the defense was explaining in court in opening statements today is the kind of

things that really you need to take the stand and have the defendant testify to it, otherwise where is this all coming from?

CASAREZ: Testify or something else. What does the defense want? What was the motion filed in court? What do they want the jury to see?

OLMEDA: The motion that was filed in court, you can see it pretty much at face value. They want the jury to see the defendant`s penis. They want to

show the jury, this is what killed her.

CASAREZ: That is it. Let`s go to the defense attorney because he stood up as he argued this motion, listen.

(BEGIN VIDEO CLIP)

KEN PADOWITZ, DEFENSE ATTORNEY: He is a medical expert and arguing it matters whether the penis is erect or not but merely speculating here since

he is never asked that question to the doctor in the investigation because it`s not what his expert opinion is concerning what is need or not needed

in order for a human being to choke.

(END VIDEO CLIP)

CASAREZ: All right David Bruno, the defense has a defense, like shock value, right?

BRUNO: Sure. It`s coming in. It`s going to be argued to this jury.

CASAREZ: It`s going to be argued to the jury. They`ve already taken pictures of the defendant the defense has and given them to the

prosecution.

BRUNO: They didn`t have some good answer whence the court asked about those pictures. It`s the condition that is important. It has to be

relevant. If the sexual assault took place with an erect penis you need an erect penis to be displayed to the jury.

CASAREZ: They say it choked the woman.

BRUNO: The state has to prove now the concerning things I just heard they don`t have a cause and manner. That is really surprising to me, if it`s

unidentified that does not make any sense for a prosecutor to be standing in front of a jury and making an argument that a homicide has taken place.

CASAREZ: Kenya Johnson, jurors do not like that. Juries do not like when the prosecution doesn`t have a cause or manner. He left the body in the

bed for a bit of time.

JOHNSON: This is a murder trial. This is a murder weapon. They deserve to see the murder weapon and see it in the state as close to the state it

was when the crime occurred. Jury selection is a little bit less about selection than elimination. You want to eliminate those from seeing such

imagery. As a prosecutor I would want this to come in, then I would argue the death and murder was intentional because this defendant knew more than

anyone how dangerous that murder weapon was.

CASAREZ: There are scratches on the defendant, on his elbow. I`m looking at the direction of the scratches assuming they`re from the victim, right?

I think the devil is in the details.

BRUNO: That is how the prosecution proves their case, the defensive wounds and injuries and failure to act after. We heard he didn`t immediately call

911, which would be the response one would expect if it`s an accidental incident.

CASAREZ: Should they do this in the courtroom so everybody can see it or should they go in a back room with the jury?

BRUNO: No, like said, it`s coming in. That is the issue how it will be presented. A judge and prosecutor will not want to restrict a theory of

the case from a defendant. That is an appealable issue. If I were this prosecutor, hopefully I`d try to get cause and manner first but I wouldn`t

restrict the defense.

CASAREZ: All right, currently in a courtroom in Florida. Was it rough sex or murder? The verdict in the poison ivy trial, this is another one,

details straight ahead.

(COMMERCIAL BREAK)

[20:49:02] CASAREZ: The last time anybody saw Chelsea Brook she was dressed up as the iconic batman villain poison ivy at a Halloween Party

just south of Detroit. No one knew what happened to the beautiful 22-year- old girl after the huge party with hundreds of people in attendance that was until six months later when her remains were found just a few miles

from the party in a wooded lot. It took police a long time to track down her killer. Finally arresting Daniel Clay nearly two years after Brook`s

body was found. A medical examiner ruled that Brook was beaten to death with a blunt object, multiple fractures to her nose and jaw and eye

sockets. His trial has been going all week and surprisingly, Clay took the stand in his own defense claiming Brook`s death was an accident after some

rough sex.

(BEGIN VIDEO CLIP)

[20:50:00] UNIDENTIFIED MALE: Did you intend to cause her death?

DANIEL CLAY, SUSPECT: No, I did not.

UNIDENTIFIED MALE: Did you murder Chelsea?

CLAY: No.

UNIDENTIFIED MALE: Why do you say that? Why did you say no?

CLAY: I didn`t mean for her to die, didn`t mean to end like this.

(END VIDEO CLIP)

CASAREZ: I didn`t mean for her to die. That is an accident. Marie Osborne she is an anchor with WJAR 760 WJRM, news talk from Detroit joins

us tonight, thank you so much. All right first of all, how did these two meet?

MARIE OSBORNE, WJAR 760 WJRM NEWS ANCHOR: They met at this massive party that took place near Monroe, Michigan. It was a Halloween party. This is

a well-known party in that area. Hundreds of people were in attendance at that party in 2014 when these two people happened to be at the party. Clay

claims that he saw -- was taken by Chelsea Brook, what she looked like, she looked great in that poison ivy costume and he approached her and they

started to talk.

CASAREZ: They go straight into the back seat of his car if you believe him.

OSBORNE: That is what he said. He went into his car to get some marijuana, on his way back to the party, saw her, they smoke pot and got

drinks and he had also taken some Annex and one thing led to another and went back to his car and they started to have sex. It got a little rough

but he said they were spooked or she was spooked rather, when she thought she heard somebody nearby the car. He says at that point they broke it

off. She went her way, he went his, but they met up again a short time later when he, Clay, saw Chelsea walking down the street and pulled over

and said, hey, do you want a ride? That is when they had sex that became rough. She, he says, claimed or he claims that she asked him to choke her,

which he obliged. He said that is when she died.

CASAREZ: A really good summary, Marie. We do know once they found him -- Marie, I`m sure you were there. There was a search for this young woman.

This was a missing person case. The community I`m sure went out in mass to find her while he`s sitting home somewhere probably watching television.

OSBORNE: Absolutely true. This is a well liked family in Monroe County. The family is well-known in their church community. There were searches

upon searches upon searches for this young woman. She had never had any problems with the law before or any issues with anybody. This came as a

real shock. Meanwhile, Daniel Clay has had many minor run-ins with police. Would you know it, it was the DNA collected during one each these minor

run-ins with the cops eventually led to him.

CASAREZ: That is how they found him and how they charged him. The surprise is he just took the stand in this trial. We want to show

everybody a clip of him talking about, prosecutors saying, look, you tailored your testimony to fit your expert`s theory here, listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You have time and time and time again said no more than 20 to 30 seconds, right?

CLAY: Yes.

UNIDENTIFIED MALE: Could it be, sir, you are tailoring your testimony to conform to the experts that have testified regarding the length of time to

lose consciousness?

CLAY: No.

(END VIDEO CLIP)

CASAREZ: Kenya Johnson joining us from Atlanta. What are your thoughts on this? I mean, the defense, he changed his story numerous times. His

defense is a defense where the victim actually asked for something, it went too far and she died.

JOHNSON: There`s several things that prosecutor is going to look at. You can look how a person acted before, during and after a crime, which can go

towards their culpability as an interference, you also want to look at forensically speaking there is a lot of force that is required to bring

about the death of a human. People have rough sex all the time. A prosecutor would be arguing this wouldn`t be on just rough sex.

CASAREZ: That is right. What you`re saying is blunt force trauma, severe blunt force trauma. We have just gotten word late today, the jury

deliberated for three hours and they reached a verdict in this case. Watch this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We the jury find as follows, count one, first-degree murder, not guilty, Felony murder, guilty.

(END VIDEO CLIP)

CASAREZ: Guilty of felony murder, David Bruno, your thoughts.

BRUNO: Not guilty on the top count, which was the first degree which would have probably required some deliberation, yes the biggest problem for the

defense in this case was the inconsistent injury, because the medical examiner testified it was blunt force trauma that killed this individual

and he had no explanation for that. In addition after this individual died, he hid the body, obstruction, talking a lot about obstruction in this

news cycle.

[20:55:31] CASAREZ: Found guilty of that also. And that was right, there was blood on her clothes that he couldn`t explain. Her clothes were ripped

off, blood on them and couldn`t be explained. We`ll be right back.

(COMMERCIAL BREAK)

CASAREZ: Thank you so much for watching tonight. I`m Jean Casarez, a big thank you to David Bruno and Kenya Johnson. Great job guys, we will see

you back here tomorrow night at 8:00 for PRIMETIME JUSTICE. "FORENSIC FILES" begins right now. Good night.

END