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PRIMETIME JUSTICE WITH ASHLEIGH BANFIELD

Family Feud Turned into Hostage Taking; Mental Health Problem a Serious Issue. Aired 8-9p ET

Aired November 15, 2017 - 20:00   ET

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


(JOINED IN PROGRESS)

[20:00:00] JEAN CASAREZ, HOST, CNN: Police respond to a 911 call. A man choking a woman outside a Vegas convenience store.

UNIDENTIFIED MALE: Give me a code red. Give me a code red.

CASAREZ: When officers arrive the suspect, pointing a gun at his wife.

UNIDENTIFIED MALE: What do you have in your hand? Drop the gun!

CASAREZ: What happens next caught on the officer`s body cam.

UNIDENTIFIED MALE: Step away from her!

CASAREZ: An escapee from a mental hospital spends three days on the run.

UNIDENTIFIED MALE: He`s a desperado as far as you ask me.

CASAREZ: Police say he had killed before and it was especially violent.

UNIDENTIFIED MALE: The type of crime he committed was really heinous.

CASAREZ: Police not only called him dangerous.

UNIDENTIFIED MALE: High risk, moderate risk of danger to the community.

CASAREZ: But said he showed the makings of a serial killer.

UNIDENTIFIED MALE: We feel that he always has it in him to commit a crime or another crime similar to that.

CASAREZ: How police tracked him down thousands of miles from where he escaped.

UNIDENTIFIED MALE: Now we have a total of seven shooting scenes.

CASAREZ: A gunman goes on a rampage in a small rural town.

UNIDENTIFIED MALE: Killing people at random.

CASAREZ: Five in total but not all of the murders were that way.

UNIDENTIFIED MALE: We located her dead body concealed under the floor of the residence.

CASAREZ: That`s right. His wife dead under the floor of their home.

UNIDENTIFIED MALE: Obvious victim of several gunshot wounds.

CASAREZ: But investigators are thankful it wasn`t worse.

UNIDENTIFIED MALE: This individual was literally going up and down the road and shooting at random structures.

CASAREZ: Opening fire outside a school.

UNIDENTIFIED FEMALE: He was shooting at all the buildings.

CASAREZ: When he couldn`t get in.

UNIDENTIFIED FEMALE: Our teacher told us to go under our desk and to keep calm and lay flat.

CASAREZ: Now officers are trying to figure out what set him off.

A young beautiful woman raped and murdered in her own apartment.

UNIDENTIFIED MALE: This defendant crushed Sasha Samsudean`s larynx.

CASAREZ: On trial for her death, the building`s security guard.

UNIDENTIFIED MALE: He went into her bathroom, dumped her cleaning supplies on her and wrapped her up like a tootsie roll.

CASAREZ: Prosecutors today showing video of her last moments, trying to put him away for life.

It was supposed to be a day of fun.

UNIDENTIFIED MALE: The beginning of summer for excitement and joy.

CASAREZ: But was anything but for a 10-year-old boy and his family.

UNIDENTIFIED MALE: Something that should never happen.

CASAREZ: After he flew off a water slide on the park`s opening day.

UNIDENTIFIED MALE: We`re lucky that Jamie was not killed on the slide.

CASAREZ: Now they want answers and more than $2 million. You could probably call her the ham burglar; a woman crawls through the drive-through window

of a McDonald`s, not only to fill her cup but to fill her pockets with cash.

(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.

Tonight a man is dead after a family disturbance call outside a convenience store in Las Vegas. And it turns fatal. It`s all caught on camera.

First, five surveillance that shows a man and woman fighting over a handgun. What you don`t see here is him choking her just moments before

with their reported 10-year-old daughter watching.

When officers arrive, the man points the gun at the woman`s stomach and the rest is captured on body cam. We do need to warn you, this is both graphic

and intense.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Give me a code red, give me a code red.

UNIDENTIFIED FEMALE: No!

UNIDENTIFIED MALE: What`s going on? What is that in your hand? What do you have in your hand? Drop the gun! We`ve got a 413, 413.

Sir, ma`am, step away from him. Step away. Step away from him now. Step away from her.

UNIDENTIFIED MALE: We`re on 780.

UNIDENTIFIED MALE: Get down on the ground. Get away from him now. Stay over here from me, OK? We`ve got a female with him.

Sir, get on the ground. Sir! Sir, put the gun down. Sir, put the gun down, step away from him, come on. Step away from him. Sir, get on the ground,

put the gun down. Sir, please, put the gun down.

[20:05:02] Sir, sir, put the gun down. Sir! Sir! Step away from her now. Sir, sir, step away from her now! Step away! Sir, just drop the gun! He`s

got a gun in his hand. He`s got a gun. Drop the gun!

UNIDENTIFIED MALE: Drop the gun!

UNIDENTIFIED MALE: Drop the gun! Step away from her now! Sir, step away from her. Step away, ma`am. Step over here.

UNIDENTIFIED MALE: Drop the gun, now!

UNIDENTIFIED MALE: Shots fired. We need medical.

UNIDENTIFIED MALE: Drop the gun.

UNIDENTIFIED MALE: Sir, get the gun.

UNIDENTIFIED MALE: Don`t cross by. I`m getting the gun.

UNIDENTIFIED FEMALE: I`m hit.

UNIDENTIFIED MALE: I know. We`re getting medical right now.

UNIDENTIFIED MALE: Come over here with me, OK?

UNIDENTIFIED FEMALE: I am hit.

UNIDENTIFIED MALE: We`ve got 23 shots fired. We`re code four. Suspect is going to be down.

(END VIDEO CLIP)

CASAREZ: Now, I want to make sure you realize here, the first officer gets to the scene. He sees the gun pointed at the woman by the suspect. He

didn`t shoot. He didn`t shoot. He didn`t shoot. When the second officer comes, he shot suspect down.

Now, police do say the woman was hit. She had to have surgery for her injuries. She is in stable condition. But her reported husband is dead. The

officer who shot him has been placed on paid administrative leave while the incident is being investigated.

Chris Kudialis is a reporter with the Las Vegas Sun. He joins us tonight from Las Vegas. You know, this was at the local convenience store in Las

Vegas. It was last Saturday night, 25 to 6 in the evening. Anybody could be there in the midst of this happening. What happened?

CHRIS KUDIALIS, REPORTER, LAS VEGAS SUN: Well, Jean, absolutely, you`re absolutely right. Very crowded area here by a popular casino in southeast

Las Vegas. A call that screamed domestic disturbance right there in a public area ended up being deadly as the Officer David Nesheiwat fired four

shots fatally wounding Phillip Pitts, 41-year-old Las Vegas resident right there in front of his wife and reportedly 10-year-old daughter who also

witnessed the shooting.

CASAREZ: Right. And David Nesheiwat was, I believe 11-year veteran of the Las Vegas Metro Police Department. He comes in, he fires two shots almost

immediately and he hits the suspect. What a great, great shot right there. Why did he feel it necessary to fire two more shots?

KUDIALIS: Well, as Pitts fell to the ground he reportedly still had his firearm pointed at his wife. Even after being shot twice, he still had his

gun pointed right at his wife`s stomach, still deemed a threat by metropolitan police here in Las Vegas and therefore, the final two shots

were used to well, that firing over many threat according to police.

CASAREZ: And Chris, come to find out he`s obviously pointing the gun through the entire incident at his wife. He also points it at his head at

one point but mainly points it at her. And that gun was loaded, right, Chris?

KUDIALIS: Correct. At a full clip of eight guns the safe -- I`m sorry, eight bullets the safety was off and police said that Pitts was ready to

fire at all that he needs to do so when he meet that he had pulled the trigger.

CASAREZ: That`s right, Chris, the safety was off. Eight rounds in the magazine and one in the chamber.

Joining us also tonight is Randy Sutton. He is a retired Las Vegas police lieutenant. Thank you so much. Because you were there, you have the

experience. By the grace of God this wife is alive.

I have to ask you, why didn`t the first officer, we heard the first officer saying walk away, walk away, but that wouldn`t have made a difference even

if the wife walked away, he could have shot her. Why didn`t he shoot?

RANDY SUTTON, RETIRED OFFICER, LAS VEGAS METROPOLITAN POLICE DEPARTMENT: I don`t think he felt like he had a target acquisition where he would not

strike the woman.

This is a really difficult situation here. You know, the officer was trying to do his best to separate the two because that way he could get a clean

shot at the suspect. But with them being literally touching, I don`t think that he felt confident in his target acquisition there.

Now, here`s the other part of this. This individual could have committed suicide. He could have shot his wife. He could have turned the gun on the

police officer.

[20:10:02] And all of these scenarios are playing out in the mind of that law enforcement officer while he`s trying to make the proper decision. But

he also has to watch out for the little girl who is right behind him.

You know, he`s got a 10-year-old that he`s got also to watch out for. He`s got a -- this is -- this is the no-win situation. He`s trying to do his

best, but he`s got to watch out for all of those parties.

CASAREZ: You know, this is a classic situation of what an officer goes through when they`re at that moment and they have to make that decision. Do

you train for a situation like this? Because he seemed to get closer to the wife as that first officer was saying drop the gun, drop the gun. It was

like his body language was if you are going to shoot me, you`re going to shoot her, too.

SUTTON: Right, exactly. And yes, law enforcement officers trained for situations like this. However, you know, there is never -- one officer

involved shooting is not like any other. Even though, you know, you have the same dynamics that are taking place.

The other officer who arrived, you don`t see -- you don`t see the shooting from his angle. The chances are that he had had a much better sight picture

than the first officer at the scene. So we have to take that into consideration.

But you never want to get in the situation where you`re going to shoot your hostage. And what happened in this situation was one of the officer`s

bullets struck the suspect but it went through his arm and into the abdomen of the hostage. So, thank God that she`s going to be OK.

And it was one of those, you have to make that literal life and death decision in a moment and you have to weigh the consequences of every single

action.

CASAREZ: Right. And I`m reading that this was the 21st officer that had to shoot, shot in 2017, 21st. Is that a large amount?

SUTTON: That`s a huge amount. Last year there were -- I believe that there were seven during the entire year. So it shows you that there was a

tremendous increase.

Now, here`s the -- you know, we`re seeing -- we`re seeing shootings taking place and violence towards law enforcement taking place on a much grander

scale than we have in the past. The 2016 statistics were very dramatic as far as assaults against police officers, 57,000 shootings, stabbings, and

beatings against law enforcement officers.

What we`re seeing are people that are much more willing to engage in acts of deadly force and deadly violence. And law enforcement, unfortunately,

plays the pivotal role in confronting these individuals and trying to quell whatever action they`re going to do as we have seen with some of the mass

shootings including the one in California yesterday where law enforcement was forced to, once again, take out a suspect.

CASAREZ: Exactly. Troy Slaten, defense attorney, very quickly, this is a time when everybody`s getting gas. And I will lay you two to one that there

were people putting gas in their car, people going into the convenience store when this is happening.

And law enforcement, did he make the right decision to not shoot earlier? Obviously it all worked out, but a lot of people could have died in those

first few minutes.

TROY SLATEN, CRIMINAL DEFENSE ATTORNEY: The police officer needs to make a split second life and death decision. And here, luckily, it did work out.

And he had to make sure that, when he was going to take that shot, that no innocent people were hurt.

As we can see, this man`s wife was shot, unfortunately, by the police officer who made the decision to use deadly force. I think that he did the

right thing here. And luckily it all did work out well.

CASAREZ: Yes, it`s just amazing. All right. And tonight, as you just heard, the manhunt is over for an escaped mental patient, thanks to the cab driver

who recognized him. Randall Saito was arrested today in central California after escaping a facility, a mental hospital in Hawaii, where he`d been

living for over 30 years.

He was placed there in 1981 after police say he randomly shot to death a 29-year-old woman in the face. But he was found guilty -- not guilty by

reason of insanity. Since then he`s been diagnosed with sexual sadism and necrophilia. That`s right. That`s having sexual relations with dead people.

Well, he was denied release from the hospital again and again as the years have gone on. But authorities say that he`s too dangerous for the public.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The type of crime he committed was really heinous. The circumstances surrounding the murder. He always has it in him to commit the

crime or another crime similar to that.

[20:15:01] It never leaves a person, as far as we`re concerned, so that`s why he maintains that high risk or moderate risk of danger to the community

if he`s not escorted or if he`s not being watched by someone.

(END VIDEO CLIP)

CASAREZ: The FBI and U.S. Marshals join the teams working to track Saito down after he disappeared from the facility on Sunday. They are trying to

determine how he got out and chartered a flight to Maui. That`s from Oahu, and then paid for a plane ticket to San Jose, California. And whether

somebody helped him.

And get this. Because he was seen in the cab checking out a new backpack as well as a phone that he didn`t have when he escaped and he was even texting

on that phone.

Just ahead, police reveal shocking details about the northern California mass shooter`s dead wife. She was found buried under the floor.

[20:20:00] (COMMERCIAL BREAK)

CASAREZ: They thought he had killed four people starting with his neighbor, stealing a pickup truck and shooting up his northern California town before

officers took his life.

We still don`t know why he did it and we don`t know much about the lives that were lost, but we do know now there was another victim. Before his

shooting spree even began. Police say Kevin Janson Neal killed his own wife the day before and hid her body at their house.

(BEGIN VIDEO CLIP)

PHIL JOHNSTON, ASSISTANT SHERIFF, TEHAMA COUNTY: We were looking for his wife. Couldn`t find her yesterday. We located her dead body concealed under

the floor of the residence last night. She was an obvious victim of several gunshot wounds.

We believe that`s probably what started this whole event.

(END VIDEO CLIP)

CASAREZ: Police say Neal`s neighbor became his next victim. A woman who had a restraining order against him because he had assaulted her with a deadly

weapon earlier this year. And children could have been next if it were not for a lockdown.

Listen to this. Just eight to ten seconds before he reached the local elementary school, which he then sprayed with bullets.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I just ran to the school. When I get there, the dude was shooting through the windows. And I said, hey, why don`t you shoot this way

instead, you know. When I saw the guy`s face, I knew the guy. I knew the guy. And then he started shooting at me and my friends.

UNIDENTIFIED FEMALE: You knew the people who were killed?

UNIDENTIFIED MALE: All of them.

(END VIDEO CLIP)

CASAREZ: Neal wounded some of the students, injured at least 10 people and claimed three other lives after killing his wife and neighbor. His sister

says he struggled with mental health issues for at least 20 years and that the family had tried to get him help while local police say he was no

stranger.

(BEGIN VIDEO CLIP)

JOHNSTON: We have had a history with him. He was currently out on bail for an assault with a deadly weapon that occurred in January. We had had other

contacts with him. He was not law enforcement friendly.

(END VIDEO CLIP)

CASAREZ: CNN correspondent Sara Sidner joins us now from Tehama County, California. Sara, a lot of new developments today. Take us through them.

SARA SIDNER, CORRESPONDENT, CNN: Look, you talked about it, that the police could not find his wife at first. They finally did find his wife and she

happened to be under the floor inside of the house. She was dead. There were several bullet wounds. That was one development.

We also heard an incredible amount of information from the superintendent who was also so poignant in talking through what happened and how proud he

was of his staff, particularly two people, the secretary of the school who heard the shots and immediately went into lockdown, and what would have

happened after that. Here`s what he had to say.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The shooter then took his weapon and ran at top speed around the corner into the main quad of the school and that comprises the

classrooms, the cafeteria and the school office.

Eight to ten seconds had elapsed between the doors being closed for the lockdown and him appearing in the quad.

(END VIDEO CLIP)

SIDNER: We also heard from a woman who was dropping her daughter off at school. She says that after she dropped her 10-year-old off, she was

driving away from the scene and suddenly she came under fire. She saw the shooter, turned her car back around, went back to the school, trying to

alert people that he was on his way going that direction, and was stopped because the shooter again fired.

That shots were confirmed by the superintendent who talked about the fact that the secretary of the school heard that shot and that is what prompted

her to lockdown. But if you hear that eight to ten seconds was all the difference between survival and another mass shooting at a school.

He couldn`t be happier with his staff and the children who all got under the table, but there was a young boy who was in first grade who was

underneath a table who did get hit by bullets because the school is very much built like what is behind me. It is wooden. And the bullets they

believe went through the walls and struck this child in two different places. He is in the hospital.

CASAREZ: Sara, there are so many facts here that just need to be brought out. You`ve told us so much. But the shooter, according to authorities, was

wearing a tactical vest and armed with extra ammunition. And he actually went sort of in the center, right, you mentioned the quad area.

[20:25:00] Just take us through that so we can visualize it. Sara? I don`t think Sara can hear us.

SIDNER: Yes.

CASAREZ: Sara, I was talking about the tactical vest that he had on. So, the intent in his mind to not be harmed in all of this as he started to

shoot up the school.

SIDNER: Yes. So when they talked about him going into the quad, into that area, the kids had just been playing in the quad. And that is because of

the quick work of the staff, they were ushering the kids inside and locking the doors, and then he went up to the doors and started pulling on the

doors, got very frustrated.

At one point a custodian came out he was trying to usher the kids in as well, kind of caught his eye and the custodian told authorities that

basically his gun misfired. He wasn`t able to shoot towards where he was standing, and that gave a chance for all the kids to get inside completely

and the custodian obviously escaping.

But we are also hearing information from his sister. I talked to her on the phone today. She is with the shooter`s mother. She said that her mother had

to be sedated after hearing of this because for so long she said she had tried to get her son help, that he had been deteriorating and she noticed a

very steep decline in his mental illness over the past year or so.

She said that from basically Halloween he was really declining very quickly and they just didn`t seem to be able to find the one thing to be able to

get him put into basically a mental illness facility to try to help him. Very frustrated.

Her mother spent a lot, a lot of time talking him down, placating him, but ultimately she`s stricken with guilt because so many people died and

because she`s lost her son. Ashleigh?

CASAREZ: And Sara, the students at the school and their families possibly don`t want to hear this right now because of the grace of God that they are

alive. We want to play for you a witness. A little girl, 10 years old, fourth grader, Arianna. She was in that school as those bullets were coming

through the walls. Listen.

(BEGIN VIDEO CLIP)

ARIANNA IBARRA, SHOOTING WITNESS: We just barely got into the class. We were waiting up until our teacher went inside our class and told us to go

inside. So my friend was walking to line up. And then she told us that there was a guy in the truck or a car that had a gun and that she like did

it out loud and then we all ran inside and we went under our tables.

(END VIDEO CLIP)

CASAREZ: Coy Ferreira was a witness to the attack and the school at Rancho Tehama. He joins us now by phone. So, you`re a father and you were dropping

off your son, right?

COY FERREIRA, WITNESS TO SCHOOL SHOOTING: No, my daughter.

CASAREZ: Your daughter.

FERREIRA: Yes.

CASAREZ: But suddenly you find yourself in the school yourself?

FERREIRA: That`s correct.

CASAREZ: So, tell us what happened.

FERREIRA: Well, I was taking my daughter Cherokee to school and we went straight to the front office like we do every morning. And we got to the

back end of the office in the quad area and just about 7.57 we heard a big sound, a pop that sounded like a firecracker.

And it stunned all of us at the second, and then within a few seconds later we heard three whistles coming from the other side of the quad where the

fifth graders are. That`s when the truck entered into the school. And we heard three whistles.

Then that alerted the other guard who whistled three times and then we just hear two people screaming get in the classrooms now, there`s a gunman

coming on campus. Which was Sarah, the secretary`s office and Miss Nelson was one of the teachers.

And I just told my daughter to run to the classroom and listen to the teacher and I was helping usher the other kids into the classroom as we

were going. And there was one little girl that was so frightened that she didn`t want to move from where she was in the quad area, so I ran back down

and grab her and took her to the classroom with us.

And shortly after that, as soon as we`re inside the classroom, Miss Nelson told the students to get back into her office area where she was in a

classroom and the kids were under the tables at the moment. And then within mere second of them doing that, three of the students were still under the

table. They were frightened.

I ran into the office back out into the classroom and I was still looking out the window really quick just to see what was coming towards us. I

didn`t see anybody in the quad area. Then when Miss Nelson told me to please get out of the window, within that second gunshots started rippling

through the glass and it happened that one of the kids that were in there and I was within five feet of him.

CASAREZ: You know, for you to go through this, but for these little children to go through this and realize, I mean, this is terrible. This

will stay with them for so long.

[20:30:02] Joining us tonight is James Gagliano. He`s a former CNN -- he is a CNN law enforcement analyst and retired FBI supervisory special agent.

You know, I have to think about Las Vegas. The country was watching as this mass shooter was just targeting anybody he could find.

Texas. We just had the small town outside of San Antonio. The gunman was shooting anybody he could find in this church. And now this. Are there

copycat artists out there starting with Vegas? They see what happened in Vegas, and they have it in their mind to do something similar in their

community?

JAMES GAGLIANO, CNN LAW ENFORCEMENT ANALYST: Jean, to your point, a month and a half ago, exactly six weeks, we were standing outside the Mandalay

Bay Resort and Casino talking about 58 dead, 500 casualties. And then a week ago this past Sunday, Sutherland Springs, 26 dead, two dozen

casualties. And now this. Could there be a copycat methodology at play here? Sure.

What we see in these instances mostly is somebody comes up with some type of grievance. That grievance could be something that happened a long time

ago. And then there is a triggering event. Now, this individual checked off three blocks that are -- should be under hyper-scrutiny.

Mental health issues. History of domestic battery. And obviously that culminated in his wife being one of the five victims. And then the third

piece of this, which should have precluded him from being able to own firearms, orders of protection taken up by a number of his neighbors.

Those are three things right there. Now, because of HIPAA restrictions, obviously if somebody is not committed to a sanitarium, the government

can`t get access to their medical records because you have the reasonable right to expectation of privacy, that makes that difficult.

But you look at these things and in the wake of something like this, Jean, law enforcement always wants to go back and figure out what did we miss and

what can we look at going forward to prevent the next one.

CASAREZ: But he sure remembered his tactical vest. He was trying to protect himself. And that order of protection for neighbor didn`t do her a darn bit

of good in the end. All right. Thank you, James.

GAGLIANO: Thanks for having me.

CASAREZ: Witnesses say that they were worried about Sasha Samsudean when they saw her after a night out on the town. She appeared drunk and she was

seen wandering around her building.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I hear somebody walk heavily on the floor like steps.

UNIDENTIFIED MALE: OK.

UNIDENTIFIED MALE: Then I saw Miss Sasha.

UNIDENTIFIED MALE: OK.

UNIDENTIFIED MALE: And about two doors behind her, I saw the security guard.

(END VIDEO CLIP)

CASAREZ: And now that security guard is charged with her rape and murder.

[20:35:00] (COMMERCIAL BREAK)

CASAREZ: A former security guard in Florida is accused of killing the person he was supposed to protect, a tenant in the apartment building where

he worked, 27-seven-year-old Sasha Samsudean. Prosecutors don`t just say he killed her, but that he raped her when she got back from a night out.

Surveillance cameras captured a lot of the comings and goings that night. Video shown in court today that could put Stephen Duxbury in prison for

life. It doesn`t start off as though he was going to kill her though. He won`t even let her into the building because she`s come home without her

keys, but she follows another resident inside.

And that`s when Duxbury starts to trail her. They`re spotted everywhere together for the next 45 minutes. In the stairs, entering the garage,

leaving the garage, and then they disappear. She is never seen again. And the next time we see him, he`s walking in and out of the garage alone.

(BEGIN VIDEO CLIP)

(END VIDEO CLIP)

CASAREZ: Over an hour later, he`s back. But this time, he`s carrying something the prosecutors really want jurors to see. Two white trash bags

that match the ones in Sasha`s apartment.

(BEGIN VIDEO CLIP)

(END VIDEO CLIP)

CASAREZ: Three minutes later, he seems to be leaving, headed to his car with a bag and a cup.

(BEGIN VIDEO CLIP)

(END VIDEO CLIP)

CASAREZ: So it`s another day at work. He`s going home, it looks like. But guess what? Shoe prints and fingerprints put Duxbury in Sasha`s apartment,

but he says he never went inside. "Primetime Justice" producer Justin Freiman joins us now.

Justin, this trial is going on in Orlando. It is an amazing circumstantial evidence case. What is the strongest evidence for the prosecution from

these videotapes?

JUSTIN FREIMAN, PRIMETIME JUSTICE PRODUCER: The strongest evidence is that about an hour and 22 minutes go by, right around the time where he`s also

allegedly, according to prosecution, searching on his phone

[20:40:00] for how to bypass the lock to her door. And then the next time we see him after that hour and 22 minutes, he`s carrying these two

mysterious garbage bags, seemingly to his car, comes back without the bags, then leaves again with his work stuff.

CASAREZ: Justin, I want everybody to listen to some testimony from court today. And this, the prosecution is introducing it, but the defense is

going to use it for all its worth to establish reasonable doubt that this security guard is the killer. Let`s listen to this witness, Johnathan Rahm.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Were you working back on December 28th of 2015?

JOHNATHAN RAHM, WITNESS: I believe so.

UNIDENTIFIED MALE: And did you locate anything in the parking garage?

RAHM: Yes, sir.

UNIDENTIFIED MALE: What did you locate?

RAHM: It was a -- it looked like a trash bag, had a small purse in it, and there was a key hanging outside of it.

(END VIDEO CLIP)

CASAREZ: OK. So Justin, this is someone that worked at the apartment complex. He finds this with really personal effects and you can go through

what was in that bag, but he finds it on December 28th of 2015.

FREIMAN: Right.

CASAREZ: Why is that significant?

FREIMAN: Because Duxbury was actually arrested on October the 30th. So he`s in jail when this bag with items that belong to Sasha is found in the

garage of her own building.

CASAREZ: And obviously, Justin, I mean, the police had done searches, they scanned the area, they even charged who they believe was responsible for

her murder, and then there`s this bag that`s found in the garage?

FREIMAN: That`s right. And then the defense mentioned it right away in their opening statements. And I`m sure we will not hear -- we haven`t heard

the last about this bag.

CASAREZ: You know, Justin, one of the things that is so sad about this case is this young, beautiful woman was out for the night downtown Orlando,

going do the different nightclubs, and some other young women noticed that she just seemed to be maybe had a little too much to drink. They were

taking an Uber home. What did they do?

FREIMAN: So they see her alone. They let her come with them in their Uber. They get to their apartment buildings. They actually live across the street

from her. And they realized she was not able to get in. She can`t get in there. She`s trying the codes. She`s not getting into the building. You

need a key fob to get in.

And that is when this security guard actually did show up and they asked him to let her in. And he said he cannot do that. That`s when another

resident happen to come by who was walking in and he let her in. But at that time, Duxbury, the security guard, did not follow her yet, not for a

few more minutes.

CASAREZ: So these young girls that took an Uber home and shared the Uber with her to make sure she was safe, they see the security guard there at

the apartment, they figure she`s safe. And let`s listen to the resident that actually let her in the door because she couldn`t figure out the code,

she`d had too much to drink, of how to get in. Listen.

(BEGIN VIDEO CLIP)

HALEY MESSMORE, SHARED RIDE WITH VICTIM: Eventually a man comes who we observed to live in the building because he had a fob for the building.

UNIDENTIFIED MALE: All right. Does he say anything?

MESSMORE: No.

UNIDENTIFIED MALE: Does he key himself in?

MESSMORE: He does.

UNIDENTIFIED MALE: Does Miss Sasha do anything?

MESSMORE: She follows in after him.

UNIDENTIFIED MALE: OK. All right. Does the security guard follow in right away?

MESSMORE: He does not.

(END VIDEO CLIP)

CASAREZ: Joseph Scott Morgan is a certified death investigator and a professor of forensics at Jacksonville State University. He joins us

tonight from Jacksonville, Alabama. You know, the way her body was found in her apartment was that she was rolled up in her comforter, but forensically

speaking -- and this is horrible to even talk about, but this is going to be very important evidence in court in Orlando.

Bleach was poured on her genital areas, so there was no DNA that was found in that area of this young girl. What did the bleach do poured all through

her private parts?

JOSEPH SCOTT MORGAN, CERTIFIED DEATH INVESTIGATOR: Jean, thanks for having me. Yes, bleach is very alkaline. We use it to, you know, work in medical

examiners and coroner`s offices throughout most of my career. We use it to literally clean up areas. And it will destroy many things. It`s very

alkaline.

But they might not have found DNA in that particular area, but there was DNA found. And let me throw out a number to you here real quick here, Jean.

A prosecutor mentions a number in one article where he says, one in 860 trillion, and that`s the odds of finding this fellow`s -- someone else`s

DNA other than his there.

I think the defense is going to have to go a long way in trying to disprove his presence there. And this is going to be a heck of a mountain for them

to have to climb.

CASAREZ: Well, his finger -- two fingerprints were found

[20:45:00] in the apartment that were his. One on the toilet and the seat was up and she`s a single woman living alone. And his fingerprint was also

found on her nightstand and his DNA was found in her breasts area.

MORGAN: Right.

CASAREZ: The defense will say that doesn`t show that he committed a rape and murder.

MORGAN: OK. Well, the question would be is, why would his DNA be present in that highly sexualized area of her body? I think the prosecution will go a

long way to demonstrate that and talk about that. And also his fingerprints. Why in the world would this guy`s fingerprints be inside of

her apartment? Has it been proven that they have some kind of social relationship? I don`t think that anyone said they have any kind of intimate

relationship.

That`s a very intimate area to be in in that residence. Her area where she sleeps. All these things are going on. And around the toilet, Jean? I can

assure you that the Orlando police have done a very thorough job in combing this apartment with a fine tooth comb and recovering everything that they

possibly can. These people are highly professional.

CASAREZ: And Troy Slaten, here is the headline, all right? The headline is, she`s seen with the security guard because of the surveillance video in the

early morning hours. Nobody else is seen coming into the apartment, going to her apartment. And she`s dead. That`s the next thing. You find her dead.

I mean, how can you defend that?

TROY SLATEN, DEFENSE ATTORNEY: It`s damning evidence, Jean. And, you know, there are reasonable explanations. Maybe she was so impaired by alcohol or

whatever it was that she was clearly impaired by that he was being a good Samaritan and assisting her into her bedroom, helping her --

CASAREZ: But he said he wasn`t there. He gave a statement to police saying, oh, I was never in that apartment.

SLATEN: Certainly, you know, when police are talking to you, you know, you might say what you think the police want to hear. It certainly doesn`t help

him. You know, he gave a lie detector test, a polygraph in this case --

CASAREZ: And he failed it.

SLATEN: -- and his attorneys were seeking to have that evidence excluded.

CASAREZ: Yes, And it was. It never comes into trial. But, Troy, it`s an uphill battle. We`re going to continue to focus on this trial from Orlando.

But in the meantime, new video shows the terrifying moment that a 10-year- old boy becomes airborne as he flies off a California water slide. I want to warn you, this is hard to watch.

(BEGIN VIDEO CLIP)

(SCREAM)

(END VIDEO CLIP)

CASAREZ: Now, the water park -- yes, is being sued for $2.5 million.

[20:50:00] (COMMERCIAL BREAK)

CASAREZ: A California city is being sued after a 10-year-old boy was hurt when he flew off a water slide last May and crashed into the pavement

below. We have obtained brand-new video showing the accident, but first we want to warn you, this may be really hard to watch.

(BEGIN VIDEO CLIP)

(SCREAM)

(END VIDEO CLIP)

CASAREZ: The family says these photos show the boy`s injuries, his cuts, his scrapes on the back and his arm. Yesterday, the boy`s family announced

they are suing Dublin, California and the manufacturer of the water slide for $2.5 million. The city says they`ve attempted to reach a settlement

with the family, but the family`s attorney refuses to provide any information about the child`s injuries that would be necessary to solve all

this.

The victim`s attorney says it is the city and the water slide`s manufacturer who have been uncooperative and unresponsive. They say, quote,

"we have provided them enough information in relation to the injuries and treatment to resolve the matter."

All right. Defense Attorney Troy Slaten, first of all, we want to say that the slide was approved by all the California regulators and supervisors

that went there and they signed off on it. The family lawyer, according to the defendants -- and there`s a list, as we`ve said -- that they`re

refusing to document the injuries that this little boy had.

We know he went through something. I mean, you see something happened there. But they`re refusing to document injuries? That`s not right.

SLATEN: It`s weird, Jean. You know, in order to get damages in a situation like this, in order to get that kind of money, they have to show that the

water park and the city breached their duty of care. Now, they got all the necessary permits and followed all the necessary regulatory things that

they`ve got to do. And so maybe there was a problem with the way that it was operated. But aside from all that --

CASAREZ: But look at the injuries. It`s damages to this little boy. I see some cuts and bruises. And I`m sorry that he got those, but 2.4 million?

SLATEN: Exactly. So the family has to show that he suffered some extreme emotional distress, that he had PTSD, that he`s going to be unable to do

things in his future. Otherwise, I think the $2.4 million is really just reaching for the stars.

CASAREZ: Now, that looks bad right there. That looks bad.

SLATEN: They`re probably going to settle for something a lot less. It does look bad.

CASAREZ: We`ll see. All right, Troy. Up next, a story that you have to see to believe. A woman waiting at the drive-thru window decides she`s going to

help herself to a soda and a whole lot more.

[20:55:00] (COMMERCIAL BREAK)

CASAREZ: Police in Maryland are searching for a brazen burglar who got to business robbing a McDonald`s when she realized the drive-thru window was

unlocked and nobody was around. It was after 1:00 a.m. when the suspect pulled up, took a look around, and decided I`ll help myself to a soda. But

she needed to climb through the window to actually get it, filled upped. And once inside, she got busy.

She was grabbing a box full of food and a happy meal as well as stealing some cash according to the time stamp on the surveillance video. The woman

was in the McDonald`s for about 30 minutes. And despite this image of the suspect, police are still searching for her as well as anyone who was with

her.

[21:00:00] That`s it for tonight. Thank you so much for watching. See you back here tomorrow night. "Forensic Files" is up next. Good night,

everybody.

END