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PRIMETIME JUSTICE WITH ASHLEIGH BANFIELD

Manhunt For Inmate; Interstate Shooting; Officer Deaths In 2017; Alabama Election Certified; Did Man Blows Up House To Hide Murder; Newlywed Murdered. Aired 06:00-06:30p ET

Aired December 28, 2017 - 18:00   ET

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

[18:00:00] (COMMERCIAL BREAK)

JOEY JACKSON, CNN PRIMETIME JUSTICE SHOW HOST: A pleasant good evening everyone, I am Joey Jackson, in for Ashleigh Banfield. This is "Crime and

Justice." In Georgia, sheriff`s deputies are looking for Christopher Nicholas Carol. They say he escaped jail in the wee hours of the morning.

Investigator tell our affiliate that he used part of a table to break through a brick wall, squeeze through an opening in a storage area to get

out. Officers believe he stole a car and might be in South Carolina.

In Virginia, police say a man got out of a car on I-59 in Stafford County and began to shoot at a state trooper attempting to pull him over. No one

was hit fortunately. Officers say he then got back into the car, drove off, and crashed. According to state police, they were looking for the guy

in connection with another investigation.

The number of law enforcement officers killed in the line of duty down this year. 128 officers died so far this year while working, down from 143 in

2016. That is the second lowest annual figure in 50 years. Though one is too many.

And Alabama Secretary of State certified results of the state special senate election, making Democrats Doug Jones` win official. A Judge denied

Roy Moore`s last minute complaint calling for delay because he felt all rumors of election fraud were not investigated. Moore says he passed a

polygraph test that proved the sexual assault and sexual harassment against him are false.

But we begin tonight in Paris, Arkansas where investigators are looking into a house explosion that led to a horrifying discovery, a dead toddler.

Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I thought I better go call the cops. So I called the police, said you need to get here in a hurry, this house is on fire, they

have little kids over there. So they come on up here, but I guess it was too late for one of them.

(END VIDEO CLIP)

JACKSON: When first responders arrived, they saw flames shooting out of the back of the home, an officer went to the front of the house, started

yelling wanting to see if anyone was inside. That is when 27-year-old Ricky Carter opened the door, three of his girlfriend`s kids were with him,

he told police one child was back in a bedroom, and the officer rushed inside, found the little boy unresponsive in his bed. Doctors pronounce

him dead a short time later at the hospital. At first, Ricky Carter said it was an accidental gas explosion. Investigation points to arson and

murder. Joining me, Darren Minor, a reporter for iHeartMedia, and fire and explosion investigator that is Rich Meier and CNN law enforcement

contributor and former FBI agent and investigator Steven Moore, and defense attorney Kisha Hebbon, great to have you all with us. So let us set up the

story and let us go to you Darren Minor, take us through exactly what happened here, as we know it.

DARREN MINOR, REPORTER, IHEARTMEDIA ARKANSAS: Well, I have been covering news here for a couple of decades, and Joey, this is probably the saddest

story that is come around. The anger that people have in this area. Just to set the scene, Paris is a beautiful city, very quiet city, right in the

shadow of the highest point of the U.S., beautiful mount magazine. They originally, the fire was first reported by a neighbor, police came out,

heard a loud noise. This happened a week ago on the 21st. Officers got there, they saw the residence was on fire and Ricky Carter was able to get

three of the kids out and actually brought out the youngster, the two-year- old that died. It is very sad, the two-year-old was taken to the hospital, pronounced deceased, body sent to the crime lab. An investigation pretty

much started right away. By 12:30 that afternoon, the search warrant had already been received. They went into the home and they had already

determined it was not an accident.

JACKSON: Darren, what led to that? In other words, you mention that there were search warrants. Seems search warrants were provided and executed

pretty quickly. What was the suspicion that led the police to determine look, this may not be a normal accident?

MINOR: There were certain things that didn`t add up. Once they got inside they found the area where the explosion occurred. There wasn`t an igniting

source in the area and determined the gas line had to be turned on manually by someone, and that is of course when they brought in Ricky Carter and

conducted the interview. As you mentioned, his first story was that it was an accident. He lit a cigarette to try to help him have light to walk, and

of course at that time they told him that that story didn`t add up because they had already done their due diligence and knew that wasn`t the case.

[18:05:23] JACKSON: Police always do. So what`s the status as we look at him there, where is he now, what`s the next step as far as he is concerned?

MINOR: He is still being held in Logan county jail, no bond. Will not receive bond at this time. And again, he did eventually tell police that

that original story was not true and that he in fact lifted the child up by its ankles because he was throwing up and hit its head on the floor. Once

he tried to do CPR, the child wasn`t responding, basically he told authorities he set the fire to try to cover for what was -- I don`t know if

you call it an accidental act or murder but the child was killed and he tried to cover with that by blowing up the house.

JACKSON: Exactly right. Darren, thanks for bringing us up to speed. Standby there, I want to bring in Richard Meyer, he is a fire and explosive

investigator. It is interesting talking about these things, it is always the fire they try to use to cover the original crime, but people know

better. Talk to us about how we know it is not an accident. People claim it is an accident, how do people like experts like you determine, no that

is not the case?

RICH MEIER, FIRE AND EXPLOSION INVESTIGATOR: Fortunately for those of us, people that commit acts of arson are generally not fire scientists and tend

to over or underdo it. In this case, he under did it because there wasn`t enough damage to cover up his crime. In the case of fuel or gas explosion

like we had here, you`re not really looking for the source of ignition. That is a secondary point. You`re looking for the source of the gas. In

this case, if they can find an open gas line and open valve, they can easily identify this is not an accidental cause like a broken line going to

a kitchen range or gas dryer.

JACKSON: Rich, what if the line was open to begin with. In other words, these guys always get caught, because of experts like you that are able to

say you know what, that is just not the way it occurred. But how about if the gas line was already open, I mean that is seems to be plausible enough

and a match was lit and something else, why wouldn`t that be an accident?

MEIER: You would have to have some event that leads to the gas line being opened. First off, why was the gas line untapped to begin with? By code,

gas lines have to be tapped off if not being used. Beyond that, you have a valve. You have to have uncapped gas line, somebody opening a valve. If

there`s nothing going on like moving an appliance or replacing an appliance or some reason that valve could be accidentally opened, then you have to

look at other reasons.

JACKSON: And those reasons have to make sense. And when they don`t, it causes some problems. Stand by. I just want to bring in Steven Moore. He

knows a thing or two about flipping people who tell initial stories. So take us through. I think there was some pretty good police work here,

because initially this defendant told one story and then seemed that the police pinched him a little bit and said wait a minute, your story isn`t

adding up and then he switched and made a full confession. How do people like you go about getting people to give you the information you need to

solve the case?

STEVE MOORE, CNN LAW ENFORCEMENT CONTRIBUTOR: In very general terms and I`m sure you`re familiar with this, we just let them talk at first, tell us

their entire story. In a situation like this, their story is obviously not going to match what we find. In this case, he is claiming smoke

inhalation, death for the child, and the child has a head injury, which isn`t consistent. The child is also -- there are some physical signs of

fire death. You can have different things go on in the throat, things in the mouth, and if you go into that child and find out, I mean, this is just

before the autopsy, if you find that what`s in the child`s mouth is not smoke but vomit, you can pretty much tell there`s -- that this isn`t going

to work and just confront them with it. Well, that was a neat story, I`d stick with it, but it`s not true.

JACKSON: Exactly. And that leads to problems. Stand by, Steve. Let me get to Kisha Hebbon. You know, it is interesting, because they charged

first degree murder. I say first degree murder, there`s a confession and everything else, but how do they know he meant to kill the child, maybe he

panic and I have to fix this and then blew up the house, how do they prove that?

[18:10:13] KISHA HEBBON, DEFENSE ATTORNEY: Right. We know that in order for a prosecutor to obtain conviction for first degree murder, they have to

show that he has mental state was to cause the murder of the child. As a defense attorney when I read the story, first thing I thought of, it sounds

like there was an accident, the child was choking and he tried to stop the child from choking and the child hit his head. I don`t think it will rise

to the level of first degree murder.

JACKSON: But they charged it.

HEBBON: Well you know prosecutors always overcharge so something will stick. I think it will end up being a manslaughter conviction.

JACKSON: What about - because manslaughter, you don`t have the intent, panicked, freaked out, needed to cover it up. I was also struck by there

were other children here and there are no charges that relate to the other children, he certainly would have endangered them. Do you think they`re

saying we have first degree murder, why bother, or did they overlook it? I don`t think prosecutors overlooked charges.

HEBBON: I think they`re focusing on the death of the one child. Of course the arson charge will have large consequences as well. I think the

prosecutor is just focusing on the murder.

JACKSON: Without question. Steve Moore, back to you. Looking at a case like that and building it, initially again I was struck by the fact there

are other children here that the prosecutors at this point, I mean they could amend charges certainly, but in investigating the cases, is that

something you would expect and anticipate, charges would be forthcoming as to the other children placed in danger?

MOORE: Absolutely, Joey. As you have probably seen prosecutors do, you want to get a charge to hold the person and let them do a calculated

investigation of what they see. If you just charge the children issue, he possibly gets bail. They charged murder to keep him there. Now they have

time to work on how they want to work with other parts of it. As Miss Hebbon said, there`s the issue of whether there was intent here. I think

it is going to come down to what side of the head was this child`s injury on. You`re not going to pull the child`s feet in front of him and have him

hit the back of his head if he is choking, if you pull the feet from behind him, his hands usually go out to stop his head from hitting, so I have

problems from the story just as it is.

JACKSON: Exactly. That is why law enforcement has work to do. Darren Minor, when is he due back in court?

MINOR: They haven`t set that date yet, Joey. One thing you brought up is interesting. The prosecuting attorney is under pressure. A lot of people

in the area feel like they`re needed to be a stronger charge. I`m kind of with you in that it seems like maybe they stepped over, but the autopsy did

show there was tremendous amount of traumatic head and abdominal injuries. There had to be quite a bit of force involved, I think that is maybe why

they went that way. Arson in Arkansas is a class Y felony. They feel like they have a pretty good set of charges. I will say this. Ricky Carter has

been tremendously -- he showed a lot of remorse in this, in his second statement.

JACKSON: As remorseful as he can be, this is certainly unacceptable. All right panel, greatly appreciate you.

Next, coming up a Florida mom and newlywed has found stabbed to death in the woods. Now her husband is charged with the murder.

(COMMERCIAL BREAK)

[18:18:07] JACKSON: A week before Christmas a mom vanishes in Titusville, Florida, just east of Orlando. The police are then called.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We do love her a lot. Missing her quite a bit.

It is a holiday, going to be tough on the family, being a holiday, she is not going to be around.

(END VIDEO CLIP)

JACKSON: As the investigations unfolds, police say they found Timothy up the grove with his missing wife that is Lorrie car, claiming he found it

abandoned. Police quickly determined that wasn`t true. After more false statements, investigators say Timothy realized the jig was up. Christmas

eve, the one year wedding anniversary, officers found what they believe to be the body in a wooded area, covered in grass.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We had hundreds of leads of evidences that proves physical fight has led to her death. When you search for a missing person,

you hope for the best outcome. Unfortunately today didn`t happen that way.

(END VIDEO CLIP)

JACKSON: Now in addition to facing charges of obstruction of justice. The man you see there is now charged with murder. And could be that it was

happening behind closed doors in the seemingly happy couple`s home, will provide a clue what led to her death. Joining me now, Rick Caputo, he is a

reporter for news 96.5, WDBO. Listen, this is tragic, to say the least. Bring us up to speed on what is going on.

RAY CAPUTO, REPORTER, NEWS 96.5 WDBO: Joey this started about a week before Christmas. Timothy up the grove went out partying, came home,

confronted by an angry wife. They get into it, she threatens to leave him. He stabs her, picks up her body, and slams it on the garage floor. What

does he do? Doesn`t call 911. He actually takes her, puts her into the trunk of her car, and then takes her to an area he worked. Buried her in

some tall grass. Starts spinning a tale which you were talking about to police that he didn`t know where she was.

[18:20:23] JACKSON: Ray as you are speaking, we`re looking at where the body was found, he is found with his car at the days inn, from information

you provided Ray Caputo, is that something he confessed to or something that the police are telling? How do we know?

CAPUTO: He was initially charged with obstruction of justice before his wife`s body was found because he was lying to police. He said she took her

car. When he got confronted with evidence, he admitted I lied about that, but I still don`t know where she was. He was lying to police early on. He

finally confessed to it. It is such an unspeakable thing given they were married one year on Christmas Eve, the day her body was found. Basically

newlyweds. You take vows, talk about loving them in sickness and health, how can you do this. It is heartbreaking, the timing of all of this.

JACKSON: All right. Needless to say, I mean this is something that is unfathomable. Standby I want to bring in Jack, her son. He joins me from

the phone from Titusville Florida. Obviously condolences to you and your family as a result of this. Talk to us about your mom and the special

person that she was.

JACK MAHURIN, SON OF VICTIM: Well, she was such a loving person. She cared so much about everyone in her life, anyone in her life. She was such

a great mother to us four kids, not only to us but any of our friends that we brought around, any of the children from the grove, the church she

attended, any of the children from service for autism where she volunteered many years, she was a mother to everyone. Everyone is so upset and

heartbroken to lose such a special woman.

JACKSON: Jack, you mention two things that strike me. Your siblings and the community and her involvement. May I ask about your siblings, how

they`re holding up under the terrible conditions?

MAHURIN: We`re absolutely devastated. She was one of the biggest parts of our lives. She was always there. Always had our backs, we were excited to

all gather together and be together for Christmas. It was just so heartbreaking and devastating that we had to gather on Christmas Eve to

learn that we will never be able to celebrate another holiday with her again.

JACKSON: I can`t even imagine. What`s going on in the community in general? There`s uproar based on her involvement and what she meant to her

family and community. What`s happening there?

MAHURIN: She was a huge part of the community in Titusville, long time member of the church, the grove, the church she attended. She was there

since day one, since they decided they wanted to create their own church. She was always volunteering, any extra time she had, she was volunteering.

She was a huge part of surfers for autism, helps autistic children. She was one of the first members of that. Always there volunteering, went to

every single event she was able to, whether she had to drive two, three hours, she was there no matter what.

JACKSON: Jack that is such a life well lived. In looking at that life, and we hear what could have led to her downfall is she never gave up on

people. What would you consider justice at the end of the day when all is said and done here?

MAHURIN: You know, it is so hard to have anybody like that. He is a repeat offender. To be on the streets after all of the things he did. The

opportunity for him to meet her, do what he did to her is devastating. We don`t think something like that should ever happen again. We just hope

that anybody in his situation that is been that much of a destructive person, that violent, this evil person, we don`t want them to be allowed on

the streets.

JACKSON: Without question. Jack, stand by, so appreciative that you`re here. I want to turn to CNN law enforcement contributor and former FBI

agent and investigator Steven Moore. Steven, take us through the investigation here in terms of bringing forth the prosecution. Before I

get to Kisha and what might be said in defense. Talk about what police need to do to make it a rock solid case.

[18:25:12] MOORE: Well, I think they probably had it before they even found the body. My guess is that they had already found blood evidence,

something to indicate that he was involved and were waiting simply to find the body. I think you might be surprised by how much they show up with in

court that they got before the body was found. The other thing is looking at him right now, you`re seeing a guy who from the wedding pictures a year

ago appears to have lost 30 pounds. My guess is that whatever sobriety he had when he married her has drastically eroded, and I think we`re looking

at a guy with meth and cocaine problems, probably his whole life eroded over the course of a year. That is probably something that will come into

play.

JACKSON: Steve, as you`re speaking, looking at the graphic between the 30 pounds he lost from 2016 to 2017, we often say what a difference a day

makes, what a difference this year has made. It`s just tragic. We also have a time line of events in terms of when they forgot married, when she

was last seen, December 17th of 2017, and she is reported missing the 19th of December. Then her body is found December 24th. That is the time line

of events. Kisha Hebbon, let me turn to you in terms of defense of this case. It seems as though, Kisha, he made misstatements, he made

representations that are different. How do you get out of this one?

HEBBON: Well, we know with criminal cases credibility means everything.

JACKSON: Everything.

HEBBON: Without him having or giving a confession, if he is prosecuted, the jurors will hear about his inconsistent statements during the

investigation and that will destroy his credibility before the jurors.

JACKSON: You know it is interesting, you talk about credibility being everything. Part of credibility is the life you led. You look into his

criminal history we have here, it is unbelievable. If we can show it, if we have it, it goes on and on. I won`t read it all to you. Take a look.

These are all of the cases he was involved in to speak to the person of who he was. Steve, back to you. From law enforcement perspective, what

happens now? Is the case a slam dunk? You think everything the police need to have in this case they have, including his statements, bring it to

the prosecution, they just move forward?

MOORE: I think that is where they start. As you know, nothing is a slam dunk until the appeals are over. I would expect them to go forward as if

this was going to be a hotly contested case, which I don`t think it will end up being. You`ll have his statements, statements of others, they`ll

bring in people that probably, sold him drugs in the immediate days prior to the murder and I think you`re going to find that it is all going to add

up very quickly. I think they`re going to have physical evidence and that they have had physical evidence. I don`t think there`s much for him to do

except try to get the best deal he can. If they`ve got what I think they`ve got, they`re not going to be talking deals.

JACKSON: I have to agree. Ray Caputo, if we still have you, and we`re grateful to have you joining us, final words in 30 seconds. Best memory

that you have with your mom.

MAHURIN: Best memory of my mom, we were in the park one day, flying kites, her and all of us kids. And it was just a beautiful day. We had kites in

the sky, looked at the clouds together and watched the sunset.

JACKSON: Jack, we appreciate that. Jack Mahurin, thank you so much for being here with us. Our condolences to you. God bless you.

MAHURIN: Thank you.

JACKSON: Thank you. Tonight, police in upstate New York had identified four victims found dead in a basement apartment early this week. A 36-

year-old Shanta Myers, her 11-year-old son Jeremiah, and five-year-old daughter Shanise. The fourth victim is 22 year-old Brandi Mells. You see

them there. Police say the deaths are suspicious, are asking for anyone who knows anything about the case to contact them.

In Las Vegas, police say they`re taking no chances this year securing the strip for New Year`s Eve. Sherriff (inaudible) announce that snipers will

be positioned on rooftops, not more than 1500 officers will be on the streets on the three days leading up to the big celebration. Additionally,

300 troops from the National Guard and homeland security and FBI personnel will be on site. Officials stress that this are only precautions and that

there`s no threat to the city.

And last October 58 people were killed and more than 500 injured at a mass shooting at an outdoor concert.

A 5-year-old boy with special needs was found buried in the backyard of his home. His mom already facing murder charges is now facing new charges.

Those details straight ahead.

(COMMERCIAL BREAK)

JACKSON: It is not often that a call from Pakistan leads police to a dead body in Ohio. Take a look.

(START VIDEO CLIP)

UNIDENTIFIED MALE: Basically, he told me that something happened with one of the kids. And they didn`t call the cops. And basically he buried him and

his girlfriend buried the kid in the backyard.

(END VIDEO CLIP)

JACKSON: When officers first arrived at the home in Cleveland, they were told that an aunt had taken

[18:35:00] the 5-year-old, you see him there, Jordan, to Texas where he was spending time with his dad. But even though the child had allegedly been

gone for a month, the mom who you are looking at, Larissa Rodriguez, could not give police addresses or phone numbers for the boy`s father or aunt in

Texas.

After searching Larissa`s backyard, police say that they found human remains that were buried there. She was arrested and charged with murder.

And now, there are additional accusations of abuse and additional charges related to the beautiful 5-year-old Jordan, you see him. Now, police

believe that he was killed all the way back in September.

(START VIDEO CLIP)

ANA RODRIGUEZ, VICTIM`S AUNT: That boy was sick. That boy has special needs, premature. He needed help. And all they did was (bleep) beat on that

little boy.

(END VIDEO CLIP)

JACKSON: Sadly. Joining me now, crime and justice producer Justin Freiman, Saleh Awadallah is the major trial supervisor for Cuyahoga County

Prosecutor`s Office, CNN law enforcement contributor and former FBI agent and investigator Steve Moore, and of course defense attorney Kisha Hebbon.

So, let`s start with you, Justin. How did they unravel this case?

JUSTIN FREIMAN, CRIME AND JUSTICE PRODUCER (via telephone): It is incredible. They actually got a phone call coming all the way from Pakistan

and that call led police to this home.

JACKSON: You know, I just can`t believe how that occurred. Speaking of which, let`s just go to a soundbite that I want you to listen to, then

we`ll talk more about the case momentarily.

(START VIDEO CLIP)

UNIDENTIFIED MALE: It`s not his kid, it`s one of her kids. What he told me was he came home, his girlfriend called him, he did rush home, and then

like, I think the little boy, four or five, now mind you, I`d only seen the kids like one time, so I couldn`t tell you who they are or what it`s about.

But he told me that the boy was unresponsive, and I was like, OK. He said well this kid kid had a lot of problems, he had one lung and one kidney. I

don`t even know if that part is true, because I don`t know these kids because he`s only been with this girl maybe two years and I`ve been

overseas.

(END VIDEO CLIP)

JACKSON: So, Justin, back to you. How did they get to the backyard to determine what was going on there?

FREIMAN (via telephone): They started searching and they also were talking to the mom. When they got to the story about the child being in Texas, they

realized that story was false. Then they kept pressing her and she actually told them where this body was. They went digging and they did find the

child, the remains in bags in that yard.

JACKSON: That`s absolutely amazing. So, Saleh Awadallah, if I can go to you, you`re prosecuting this case. Can you take us through the charges that

you have there and what the basis for those charges are?

SALEH AWADALLAH, MAJOR TRIAL SUPERVISOR, CUYAHOGA COUNTY PROSECUTOR`S OFFICE (via telephone): Sure. Thanks for having me. Right now, the grand

jury returned the initial indictment for five counts, count one being murder. Under proximate cause, the child died as a result of felonious

assault, serious physical harm as well as endangering the abuse suffered by the child.

Right now, we are operating under initial information and awaiting final reports from the medical examiner`s office. Besides the endangering abuse

portion of the endangering child count, there`s also a duty of care which means that even if she didn`t act, her lack of acting as a responsible

parent led to this child`s death.

On top of that, there is gross abuse of corpse for what they did to this child and the child`s body upon his demise.

JACKSON: And, Saleh, as you`re speaking there, we have the charges that you`re just alluding to. We have the murder, the endangering, the felonious

assault, the gross abuse that you just spoke to. The murder charge, though, how do you from a prosecutor`s perspective get that case proven?

The defense may argue it wasn`t murder, perhaps it was an accident. She panicked, she buried the child. What information that you have or could you

share that would point to it being an intentional act?

AWADALLAH (via telephone): The initial information right now is really centered again on not so much intentional act regarding the murder but the

intentional act regarding the underlying counts, which are the felonious assault and endangering children.

So, her lack of treatment of the child throughout the year and her lack of taking this child to doctor appointments throughout the year, her treatment

of the child led to serious physical harm happening to this child. That serious physical harm manifest itself in a death and that was the

approximate result of his death.

In Ohio, we have -- I call it super manslaughter count. That`s the theory we`re operating under now

[18:40:00] until we receive more information with regards to some other injuries that we expect this child suffered. But we`re waiting for the

final report.

JACKSON: Without question, always important to gather more information. I want to let you hear a soundbite, the 911 call about inconsistency. Before

we go there, if I can just ask you, Child Protective Services, anything they could have done more to prevent something like this? It is my

understanding that she had nine kids or was pregnant with her 10th. Is that accurate? I mean, Child Protective Services was just at the home.

AWADALLAH (via telephone): That is correct. We were looking at the entire case. One of the first things that law enforcement did was make sure we

accounted for the other children and their whereabouts. But not all her children were actually living with her. Some were residing with other

folks, and they did track down these other children and ensure they were safe.

Right now, except for Jordan who unfortunately was mistreated to the point where it led to his death at this point, but (INAUDIBLE) Family Services

was involved and right now it is too soon to get into what they could have done or did or did not do.

JACKSON: Let me let you hear the sound about what she told kids, about Jordan.

(START VIDEO CLIP)

UNIDENTIFIED MALE: The story was, he said he told, him and his girlfriend told the older kids that he was staying with her sister who also had a

special needs kid and that way they don`t question it. You see what I`m saying? And I was like --

UNIDENTIFIED MALE: OK, so they think that they may think that he`s with his sister.

UNIDENTIFIED MALE: Right, exactly.

(END VIDEO CLIP)

JACKSON: So, Kisha Hebbon, our defense attorney here, so obvious question. What is the defense here?

KISHA HEBBON, DEFENSE ATTORNEY: Well, I think in this case, she`s probably going to be better off taking some type of plea deal. I mean, the fact that

there`s evidence of this child being abused, not being taken to doctor`s appointments and those things could have been the proximate cause of death.

JACKSON: Yes.

HEBBON: And then the fact to cover it up and say he`s -- I think she told one person he is with his father in Texas and then to tell the children he

is with her sister, I mean, it`s horrific. I can`t imagine except for maybe she has some type of mental problem that could be a defense, but in this

type of case, it is just better to just take a plea deal.

JACKSON: And, Kisha, when it involves children, certainly, you know, jurors aren`t too sympathetic to that, right?

HEBBON: Right, especially a child with special needs like his.

JACKSON: Without question, to find him buried in the backyard. Saleh Awadallah, back to you. What kind of time is she looking at, and what about

any plea bargains? Any of that begun?

AWADALLAH (via telephone): Again, way too soon to talk about a plea. Count one is a murder charge. Under our law, 15 to life imprisonment with 15

years before you see parole board. And that`s just on the murder.

But she could face purposeful murder again if they develop more information, and that would take it to aggravated murder, which would

increase the penalties significantly.

JACKSON: Without question, Saleh, which was going to be my next question, which is, of course, could charges be upgraded or could more charges be

forthcoming? Stand by. Steve Moore, what else do investigators have to do to present this case and gather the information necessary so people like

Saleh Awadallah can go in a courtroom and be successful?

STEVE MOORE, FORMER FBI AGENT AND INVESTIGATOR: Right now, I think it is going to depend very heavily on what the medical examiner comes back with.

Obviously he has given kind of a wet read to the investigators saying, hey, there`s more to this than just an illness.

So I believe that what you`re going to find is what the medical examiner suspects, that there was physical abuse that might have been part of the

cause of death rather than just neglect. And so I think that`s going to be the next shoe to drop.

JACKSON: Good point, Steve. You know, we call that evidence, Steve Moore, right? Devil is always in the details. Saleh Awadallah, thank you,

prosecutor, for joining us. Kisha, stay in place. Steve, you as well.

Next up, O.J. Simpson, Bill Cosby, the mass shootings in Las Vegas and Sutherland Springs, Texas, straight ahead. We look back at the top seven

crime stories of 2017.

[18:45:00] (COMMERCIAL BREAK)

JACKSON: 2017 was a tumultuous year, filled with stories of shootings and accusations of sexual assault and harassment. Jean Casarez takes a look at

the top seven crime and misconduct stories of 2017. Take a look.

(START VIDEOTAPE)

JEAN CASAREZ, CNN AND HLN NEWS CORRESPONDENT: 2017 was a tumultuous year, filled with stories of shootings and accusations of sexual misconduct.

Let`s take a look at the top seven crime and misconduct stories of 2017.

In number seven.

UNIDENTIFIED MALE: Breaking news this morning, O.J. Simpson is a free man.

CASAREZ (voice over): murder charges for the grisly murder of his ex-wife and her friend. More than 10 years later, Simpson was accused of another

crime. This time, kidnapping and armed robbery at a Las Vegas hotel in 2007. He was sentenced to serve 33 years behind bars.

UNIDENTIFIED FEMALE: Mr. Simpson, I do vote to grant parole when eligible.

CASAREZ (voice over): Simpson was granted parole for good behavior.

UNIDENTIFIED FEMALE: Upbeat O.J. Simpson walked out of a Nevada prison shortly after midnight.

CASAREZ (voice over): Number six, the criminal trial of Bill Cosby.

UNIDENTIFIED MALE: That`s absolutely correct.

CASAREZ (voice over): Once one of television`s most lovable dads, after Bill Cosby goes to trial, accused of sexually assaulting a woman more than

10 years ago. Criminal charges were not filed at that time, but when never before seen transcripts are unsealed in 2015, showed Cosby admitting

[18:50:00] to giving drugs to women he wanted to have sex with, a Pennsylvania district attorney brought forth multiple charges against the

star.

UNIDENTIFIED FEMALE: The judge in the Cosby trial has declared a mistrial. The jury failed to reach a verdict after more than 50 hours of

deliberation.

BRIAN MCMONAGLE, DEFENSE ATTORNEY FOR BILL COSBY: We came here looking for an acquittal. But like that Rolling Stones song says, you don`t always get

what you want, sometimes you get what you need.

CASAREZ: The case is set case to be re-tried in April. Cosby maintains his innocence, saying the encounter was consensual.

Number five.

UNIDENTIFIED FEMALE: Congress attack. Congressman Steve Scalise, the third- ranking Republican in the House is in critical condition tonight after a lone gunman opened fire on a Republican congressional baseball team.

UNIDENTIFIED MALE: He asked me if this team was a Republican or Democrat team practicing. I responded it was a Republican team practicing, and he

proceeded to shoot Republicans.

UNIDENTIFIED MALE: Our lives were saved by the police. Had they not been there, I think it would have been a massacre.

PAUL RYAN, SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES: An attack on one of us is an attack on all of us.

CASAREZ (voice over): Three months later, Congressman Scalise returns to the House floor to a bipartisan standing ovation.

STEVE SCALISE, UNITED STATES HOUSE OF REPRESENTATIVES MAJORITY WHIP: You have no idea how great it feels to be back here.

CASAREZ (voice over): Number four, a mass shooting inside a small town Texas church. A gunman, Devin Kelley, killed 25 people and an unborn baby

when he walked into a Sutherland Springs church in November. The former airman had a long history of violent behavior. Kelley died not far from the

scene after being chased by good Samaritans.

UNIDENTIFIED MALE: You will do everything necessary to make sure that this guy stop.

CASAREZ: Among those killed, several members of the Holcombe family spanning three generations.

UNIDENTIFIED MALE: Here we have eight people in a family that left us in one day.

CASAREZ (voice over): Number three, the murder of a woman in Charlottesville, Virginia. Thirty-two-year-old Heather Heyer was killed in

August when a car plowed into a group of protesters, a "Unite the Right" rally of white nationalists and neo-Nazis.

The man driving the car, 20-year-old James Alex Fields, had attended the right-wing rally. He has been charged with first- degree murder in Heyer`s

death.

SUSAN BRO, MOTHER OF HEATHER HEYER: They tried to kill my chilled to shut her up. Well, guess what? you just magnified her.

CASAREZ (voice over): Story number two, dozens of women speak out about being sexually harassed or abused by Harvey Weinstein.

UNIDENTIFIED FEMALE: More and more women are coming forward accusing Hollywood movie mogul Harvey Weinstein of blatant sexual misconduct.

UNIDENTIFIED FEMALE: He just kept grabbing his penis and fondling himself.

UNIDENTIFIED FEMALE: He pushed me back and forced himself onto me. It was not consensual.

CASAREZ (voice over): Weinstein responded through a spokeswoman saying any allegations of nonconsensual sex are unequivocally denied. Weinstein

accusers speaking out helped create a domino effect of other women speaking out about harassment in industries outside of Hollywood.

UNIDENTIFIED FEMALE: At least half a million women all over the world in all professions have jumped on the social media platform to say "Me Too."

CASAREZ: Weinstein has been investigated by the NYPD, but no charges have been filed.

(voice over): And in our top crime and misconduct story of the year, the mass killings of dozens at a Las Vegas country music festival in October.

UNIDENTIFIED FEMALE: We have breaking news of the worst variety, the deadliest mass shooting in U.S. history has just happened.

CASAREZ: Fifty-eight were killed when shooter Stephen Paddock started firing shots from his hotel suite.

UNIDENTIFIED FEMALE: Thirty-two stories above that crowd.

UNIDENTIFIED FEMALE: The shots just get coming.

UNIDENTIFIED MALE: No matter which direction you went in, no matter where you took cover, there are at least two to three bodies, that you didn`t

know where you were safe.

CASAREZ (voice over): But from the tragedy rose dozens of heroes.

UNIDENTIFIED FEMALE: I ran back because I`m a nurse and I just thought that I had to.

UNIDENTIFIED MALE: I ran back towards the shooting.

UNIDENTIFIED FEMALE: I just sat with him, but I would like to think that if it was me, that somebody would have let me sit there --

CASAREZ (voice over): Jean Casarez, CNN, New York.

(END VIDEOTAPE)

JACKSON: Great job by Jean Casarez. Defense Attorney Kisha Hebbon joins me. Kisha, a lot of stories in 2017.

HEBBON: Yes.

JACKSON: What stands out to you?

HEBBON: The one that stands out to me, actually two, are the sexual harassment cases, one with Bill Cosby and then Harvey Weinstein. For so

long, all eyes were on Bill Cosby, and that trial ended with a hung injury. They were unable to come with a verdict. And now we see so many

[18:55:00] cases of sexual harassment. Almost every day, we`re hearing on the news, there`s someone else. So I think we are going to see a lot of

those cases.

JACKSON: It is amazing, Kisha. I don`t think the world will be the same.

HEBBON: I know.

JACKSON: It`s amazing. Everyone has come forward. And thankfully women feel emboldened to do that, so I`m with you with that.

HEBBON: Right.

JACKSON: That shooting was really troubling, too.

HEBBON: Yes, that was.

JACKSON: But, yes, tough 2017 without question.

HEBBON: I know.

JACKSON: Thank you.

HEBBON: You`re welcome.

JACKSON: An important programming note to tell you about, next week on HLN, Sean Spicer Unfiltered. The former White House press secretary joins SE

Cupp to cover all the headlines. A special edition of SE Cupp unfiltered with Sean Spicer for an entire hour. That`s Thursday, January 4th, 5:00

p.m. Eastern, right here on HLN.

Now, would you trust a guy wearing a "Trust Me" t-shirt? Maybe not, if you saw him wearing it in his mug shot.

(COMMERCIAL BREAK)

JACKSON: His t-shirt said, trust me. Unfortunately, he was wearing it in a mug shot. You see it there. That`s 22-year-old Wilmer Garcia. He is accused

of stealing a car that was left warming up last Saturday.

The owner left the car running and unlocked for a moment and when he returned, the car was gone,

[19:00:00] Garcia was too. He`s charged with auto theft.

The next hour of "Crime and Justice" starts right now.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: Whoever took her life?

UNIDENTIFIED FEMALE: A Christmas Eve murder.

UNIDENTIFIED MALE: She was put in the dumpster.

UNIDENTIFIED FEMALE: Police say shy believed someone unclothed that woman, put her in the dumpster.

UNIDENTIFIED MALE: It was an accelerant.

UNIDENTIFIED FEMALE: And set her on fire.

UNIDENTIFIED FEMALE: It was a tragedy.

UNIDENTIFIED MALE: And Florida woman goes missing, days later on their first wedding anniversary, cops say her husband leads them to his wife`s

remains covered in grass.

UNIDENTIFIED MALE: There have hundreds of leads.

UNIDENTIFIED MALE: Authorities are getting to the bottom of her disappearance and death.

UNIDENTIFIED MALE: Something happened to one of the kids and he called the cops.

UNIDENTIFIED FEMALE: He was just a sweet kid.

UNIDENTIFIED MALE: Him and the girlfriend buried the kid in the backyard.

UNIDENTIFIED FEMALE: And we know that (INAUDIBLE).

(END VIDEOTAPE)

JACKSON: A pleasant good evening, everyone. I`m Joey Jackson and this is "CRIME AND JUSTICE."

You know, it`s the kind of discovery you would never ever want to make let alone on Christmas Eve. But in Los Vegas someone going through dumpster

looking for items to recycle found something that warranted a call to the police. A woman dead at the bottom of that garbage container, a mother.

And police say she was killed in a horrific way.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Do you believe the fire was set here then at those dumpsters?

LT. DAN MCGRATH, LAS VEGAS METRO POLICE DEPARTMENT: Yes, she was put in the dumpster and then she looked like she was probably in a plastic bag.

And then there was an accelerant and then the bag basically melted on her body and she is unclothed, naked.

(END VIDEO CLIP)

JACKSON: Now, tonight Theresa Henry`s killer is still out there at large. And her family is left with more questions than answers. But police aren`t

giving up just yet.

(BEGIN VIDEO CLIP)

MCGRATH: I think we owe it to this young lady that`s been heinously killed and put in a dumpster.

(END VIDEO CLIP)

JACKSON: With me John Treanor. He is a reporter with CNN affiliate KSNV. He joins us from Clark County justice center.

Horrific case. Tell us what we know.

JOHN TREANOR, REPORTER, KSNV: It`s an absolutely brutal discovery on Christmas Eve, Joey. What we know right now this was a young mother who

was in town from Virginia. Her family sent her here in February of this year for drug rehab. That was part of a program. The discovery obviously

devastating.

Her story has become depressingly familiar. In high school she had been prescribed to drugs. He quickly became addicted to opioids that turned

into a heroin addiction. And here she was in Las Vegas.

On mother`s day, we are told, she texted her mom that she was leaving rehab and was on the streets not far from where I am standing. She has texted

her mom December 23rd at about 10:50 our time. That was the last text she sent. She said the words I`m on sub or I just got on sub, meaning

(INAUDIBLE), and she was trying to get clean. And then she disappeared.

She was found at about 4:50 in the afternoon, broad daylight by a homeless man who was searching for recyclables. And police say she had been in that

dumpster for about 12 hours. They don`t know who dumped her. They don`t know where she was killed. A corner would report later that she had a head

trauma, severe head trauma, but a lot of questions, though. No suspects as far as we know. They are looking at videotape of the apartment complex she

was at. But beyond that, really, not much update from metro.

JACKSON: Without question, John. We know there is a little delay to you. But just as a follow up, you mentioned, you know, no suspects at this

point. What is the status of the investigation, and what are police looking at or looking into if we know at that point?

TREANOR: Well, the status is ongoing. They are being very aggressive here trying to get word to us, trying to get community support here. She had

been living in the area of east Fremont Street. Viewers at home probably know Fremont for its casinos. The other side of that is well-known for

high crime area, well-known for drugs. She had been on the streets for a while. So they are trying to find out if she may have had any connection

with people that there have been in contact with her that night. See if anybody knew her from that area and really narrow in on the timeline

overnight from the 23rd to Christmas Eve to find out what happened -- Joey.

JACKSON: John Treanor, we appreciate you. Thank you.

We know you will continue to update the story. Thanks so much. And we have Tess Henry`s mother, that is Patricia. She joins us on the phone from

Roanoke, Virginia.

Thank you so much for being here. Our condolences to you, of course. Tell us about your daughter.

[19:05:04] PATRICIA MEHMANN, MOTHER OF THE VICTIM (on the phone): My daughter, my daughter Tess was a very beautiful young lady. She was very

talented in academics, very talented in athletics. She was very kind, loving. She was a very generous to all. And I think I even heard a

statement from local folks anybody who knew her spoke about what a kind and gentle lady that she was.

She would reach out to anybody. She would give you the shirt off her back. She was at the time that I got the call that she was dead, her grandfather

and I had been talking to her quite frequently for the past couple of months. We had been trying to get her back home in there because that is

where she requested she really wanted to be, back home.

We had a local Mount Regius (ph) that we had contacted that was ready to take her in, the biggest block we had was she had no idea. And also

because she was actively in addiction, we needed a route that would get her very quickly before she would start to detox which for many (INAUDIBLE)

start within about five hours. And a car ride back to Virginia would take almost three days.

So my dad, her grandfather was very instrumental in contacting airlines and setting up arrangements for her to get a direct flight back here. And I

had just emailed her an I.D. to Roanoke that was sent to an address there, which obviously I will not disclose at this time. And I think that idea

arrived sometime around December 16th, 17th, 18th, around that time frame.

JACKSON: Patricia, if I can ask you in your discussion with her and in her efforts to get better and be better, what was her state of mind like? Was

she happy? Was she going through anything? Was she depressed? Can you talk to us about that?

MEHMANN: She was very excited about coming home. Some of the conversations that I had with her, I actually was very impressed at where

her mind was at as far as she spoke so eloquently and so clearly about understanding the reality of her situation. She always asked about her

son, spoke of her love of her son, but yet she seemed to be very clear minded. In fact I commented to a good friend of mine who is writing a book

and Tess will be in that book, about the opioid crisis.

I remember her commenting that I was just so pleased with where Tess` mind was at, and I told Tess that. And I said I`m so proud of where you are at,

and we`ll get you home. And she promised me, I just always asked her to be safe. Be safe. And she promised me -- she always said do not worry. Do

not worry, mom, I will be safe and I will come home.

JACKSON: In terms of the investigation, Patricia, are you in touch with the authorities on a regular basis to see what the status is? Are they

asking you questions, your family questions? What`s happening as far as you know?

MEHMANN: I have had contact with the local police. And I have given the information I know, and I need to sit down and put together a list of other

folks I know Tess was friends with on Facebook and the like in Vegas. But obviously I have been involved in having to pull together things such as

her dissertation. And last rights and all the things that need to take place for her body to get back here to Virginia. But I think the local

authorities for me have been very kind and understanding of the situation. And I don`t doubt they would call me with any questions they would have.

JACKSON: That`s so important, Patricia, yes, I mean, because it`s about the resolution of the case.

Standby, Patricia Mehmann, if you can. I want to talk about the resolution or potential resolution.

I want to bring back a panel of experts. That`s medical examiner and forensic pathologist doctor Tim Gallagher, CNN law enforcement investigator

and contributor and former FBI agent Steve Moore and defense attorney Kisha Hebbon.

So if I could just go to you, doctor, in terms of the forensics here. Just take us through an investigation how you unravel what the cause of death

is, what are they looking at, what are they determining and how could that bring this to justice?

[19:10:10] DR. TIM GALLAGHER, MEDICAL EXAMINER AND FORENSIC PATHOLOGIST (on the phone): Well, because a death can be determined by an autopsy and the

circumstances of the scene, the body will have to be autopsied and we can determine then if she had been murdered before she was placed in a dumpster

or she was killed by the ensuing fire.

JACKSON: And how are you able to make that determination, doctor? How are doctors able to do that?

GALLAGHER: Well, if she was alive during the fire, her lungs can be inspected, and you mind notice that inside of the lungs there would be soot

and ashes from the fire. That would reveal that she was breathing in the flames and then as a live person. If that is not present within her lungs,

then it can be assumed that she was dead before she was placed in the dumpster and the fire was set.

JACKSON: Without question. Doctor, standby.

I want to bring in Steve Moore, our former FBI agent and investigator.

So Steve, what do you in terms of preservation of that crime scene to gather evidence, how important is DNA evidence going to be in this case,

what is law enforcement doing at this moment?

STEVE MOORE, FORMER FBI AGENT AND INVESTIGATOR: Well, I think while the dumpster is going to be more important is going to be important from a

physical evidence standpoint, what is going to be more important is going to be electronic information. Even if they don`t find her phone, the

carrier can probably find out who she was talking to in the last few days.

Once you get onto this area of Fremont, and I know because I just finished a case of the same thing, a woman trying to get clean and get home, once

you find their phone, what you are going to find is there is two types of numbers on the phone. People who will sell her drugs and people who will

help her get money to buy those drugs. And those -- sometimes buying the drugs and getting the money for them are more dangerous than the heroin

itself.

JACKSON: Yes, without question.

Kisha, we had been bringing you in here. Anything, any thoughts that you have as to how investigators can bring this to some kind of resolution?

KISHA HEBBON, DEFENSE ATTORNEY: Yes, this is difficult case because there is no suspect. And the way she was actually murdered and being burnt. And

the fact she was so far away from home, there is probably not a lot of people she had close ties with this. She was in rehab and left rehab and

it`s a very difficult case, unfortunately.

JACKSON: Without flash. And just going back to you, mom, Patricia Mehmann, if I can ask you. What do you want people to know about your

daughter in closing words?

MEHMANN: Closing words, what a beautiful lady that she was and low loving she was to all of her family. How much she loved her son, dearly loved her

son. And that was her number one goal was to get better for her son.

And just in another comment, I did discuss with the coroner`s office, and they did let me know, I`m a nurse here at the local hospital. They did

discussed with me the condition of here body. They did let me know that there was no ash that found in her lungs. So her cause of death they was

back on trauma. And they do believe at this point that she was dead prior to the attempt of setting her on fire.

JACKSON: Well, Patricia, we know this is certainly just horrific news for you and your family. Our thoughts and prayers are w with you. We thank

you for having the courage and strength to honor your daughter and telling us who she was. So thank you for being here.

MEHMANN: Well, and I thank you for putting the good word out what a beautiful lady that she was. Thank you so much.

JACKSON: Absolutely, Patricia. You would be well.

And of course, thank you to the panel, Steve Moore, doctor, and of course Kisha.

A Florida mom is found stabbed to the death in the woods and now her husband is charge would her murder.

(COMMERCIAL BREAK)

[19:18:06] JACKSON: Just a week before Christmas a mom vanishes in Titusville, Florida, just east of Orlando. The police are then called.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We do love her a lot. It`s a holiday. It`s going to be tough on the family for being a holiday and she`s not going to be

around.

(END VIDEO CLIP)

JACKSON: But as the investigation unfolds, police say they found Timothy (INAUDIBLE) with his missing wife, that is Laurie`s care, claiming he found

it abandoned. Now, police quickly determined that that just wasn`t true. And after a few more false statements that he gave them, investigators say

Timothy realized that the jig was up. And on Christmas Eve, the couple`s one year wedding anniversary, officers found what they believed to be body

of Laurie (INAUDIBLE) in a wooded area covered in grass.

(BEGIN VIDEO CLIP)

JOHN LAU, TITUSVILLE POLICE CHIEF: We have had hundreds of leads, evidence has proven that that physical fight has led to Laurie`s death. When you

are searching for missing persons you are always hoping for the best outcome. And unfortunately today it didn`t end that way.

(END VIDEO CLIP)

JACKSON: Now in addition to facing charges of obstruction of justice, the man you see there is now charge with murder. And it could be that what was

happening behind closed doors in a seemingly happy couple`s home will provide investigators a clue as to what led to her death.

Joining me now Ray Caputo. He is a reporter for news 96.5. That`s WDBO.

So listen. You know, Ray, this is tragic to say the least. Bring us up to speed with what`s going on.

RAY CAPUTO, REPORTER, NEWS 96.5 WDBO: Well, Joey, this started about a week before Christmas, literally a week before Christmas. And Timothy

(INAUDIBLE) went out partying, did crack all night and comes home and is confronted by an angry wife. And they get into it and she threatens to

leave him and he stabs her. And not only does he do that, he picks her body up and slams it on the garage floor. So what does he do? He doesn`t

call 911. He actually puts her into the trunk of his car and then takes her to an area where her father worked and buried her in some tall grass.

And then starts (INAUDIBLE) which you just talking about to police that he didn`t know where he was or she was, excuse me.

[19:20:22] JACKSON: And Ray as just speaking there, we are looking at where the body was, the home where he certainly took the body at 3.5 miles

away. He was then found with his car at the Days inn. And from the information that you provided to us, Ray Caputo, is that something he

confessed to or is that something that the police are telling? How do we know?

CAPUTO: Well, he was initially charged with obstruction of justice before his wife`s body was found. That was because he was lying to police. He

said he took her car, when confronted with the evidence, he admitted well, you know, I lied about that. But, you know, he placed don`t know where she

was. So he was lying to police early on. And then he finally confessed to it.

And you know, it`s such an unspeakable thing given that they were married one year on Christmas Eve, the day her body was found, you know. They are

basically newly. When you take your vows, you talk about love, protecting your spouse and loving them in sickness and health. How can you do this?

It is heartbreaking the timing of all this.

JACKSON: And Ray, needless to say. I mean, this is, you know, something that is completely unfathomable.

Standby. I want to bring in Jack Mahurin. He is Laurie`s son. He joins us on the phone from Titusville, Florida.

First of all, obviously, condolences to you and your family as a result of this. Talk to us about your mom and the special person that she was.

JACK MAHURIN, SON OF VICTIM (on the phone): Well, she was just such a loving person. She cared so much about everyone in her life, anyone in her

life. She was just such a great mother to us four kids. And not only to us but any of our friends that we brought around, any of the children from

the church she attended, any of the children of autism, the event she attended for many, many years. She was a mother to everyone, and everyone

is so upset and so heartbroken to lose such a special woman.

JACKSON: And Jack you mentioned two things that strike me, that`s siblings of course and the community involvement there. May I ask you about your

siblings and how they are holding up in these terrible conditions?

MAHURIN: Well, we`re absolutely devastated. She was the biggest part of our live, always there, always had our backs, and we were excited to all

gather together and be together for Christmas. And it was just so heartbreaking and so devastating that we had to gather on Christmas Eve to

learn that we will never be able to celebrate another holiday with her again.

JACKSON: I can`t even imagine and what`s going on in the community in general? I know there`s an up roar about what she meant to her family and

community. What`s happening there?

MAHURIN: Well, she was a huge part of the community there in Titusville, a longtime member of the church. She was there since day one since they

decided they wanted to create their own church. She was always volunteering. Any extra time she had she say volunteering. She was a huge

part of surfers for autism, a group that helps autistic children. She was one of the first members of that. Always there volunteering. Went to

every event that she was able to, whether she had to drive two or three hours, she was there no matter what.

JACKSON: Jack, that is such a life well live. And in looking at that life. And certainly we hear that, look who could let her downfall. She

never gave up on people. What would you consider justice at the end of the day when all is said and done here?

MAHURIN: Well, you know, it`s -- it`s so hard to have anybody like that. You know, he`s been a repeat offender. And for him to be even on the

streets after all the things he did and even for the opportunity for him to meet her and then do what he did to her is just devastating to us. And we

don`t think that something like that should ever happen again. So, you know, we just hope that anybody in his situation that`s been that much of a

destructive person and that violent and just evil person, we just don`t want them to be allowed on the streets.

JACKSON: Without question. And I certainly get that.

Jack, standby. We so appreciate you are here. I just want to turn for a minute if I can to CNN law enforcement contributor and former FBI agent and

investigator Steven Moore.

So, Steven, take us through the investigation here in terms of bringing forth this prosecution before I get to Kisha, of course, to talk about the

defense aspects and what, of course, might be said in that regard. Take us through what else the police need to do to make this a rock solid case.

[19:25:12] MOORE: Well, I think they probably had it even before they even found the body. My guess is they had already found blood evidence,

something to indicate he was involved and we are waiting simply to find the body. I think you might be surprised by how much they show up with in

court that they got before the body was found.

The other thing is looking at him right now, you are seeing a guy who from the wedding pictures one year ago appears to have lost 30 pounds. My guess

is that whatever -- whatever sobriety he had when he married her has drastically eroded. And I think we`re looking at a guy who probably has

meth and cocaine problems. And probably his whole life eroded over a course of a year. And I think that`s probably something that will come

into play.

JACKSON: You know, Steven, just speaking, we are looking at the graphic between the 30 pounds he would have lost from 2016 and 2017. We often say

what a difference that they makes? What a difference this year has made. It`s just tragic.

You know, we also have a time line of events, I mean, in terms of when they got married, December 24, 2016, when she was last seen, December 17th of

2017. And then of course she was reported missing on the 19th of this year, December. And then her body is found December 24th, and that`s the

time line of events I`m speaking to.

And so Kisha Hebbon, let me turn to you and the defense of this case. I mean, it seems as though, Kisha, he made misstatements, he made

representations that are different. How do you get out of this one?

HEBBON: Right. Well, excuse me. We know with criminal defense cases credibility mean everything.

JACKSON: Everything.

HEBBON: So without him having or giving a confession, if he is prosecuted, the jurors will hear about his inconsistent statements during this

investigation and that will destroy his credibility before those jurors.

JACKSON: You know, it`s interesting, Kisha, you talk about credibility being everything. And part of credible is the life that you led. And if

you look at his criminal history we have here, I mean, it`s just unbelievable. If we can show it if we have it, it just goes on and on. I

won`t read it all to you, but take a look at Kisha.

These were all the cases he was involved in, you know, to speak to the person of who he was.

And so Steve, back to you. From a law enforcement perspective what happens now? Is the case, is it just a slam dunk? Do you think everything that

the police need to have in this case they have including his statements, they bring it to the prosecution, they just move forward?

MOORE: I think that`s where they start. But as you know-nothing is a slam dunk until after the appeals are over. And so I would expect them to go

forward as if this was going to be a hotly contested case, which I don`t think it will end up being. You are going to have his statements. You are

going to have statements of others. They will bring in people who probably sold him drugs right in the immediate days prior to the murder. And I

think you are going to find that it`s all going to add up very quickly. I think they are going to have physical evidence, and that they have had

physical evidence.

I don`t think there`s much for him to do except try and get the best deal he can. And if they`ve got what I think they have got, they`re not going

to be talking deals.

JACKSON: Yes, I have to agree with that.

And Ray Caputo, if we still have you, and we are certainly grateful for you to be joining us here, final words in 30 seconds best memory you have of

your mom.

MAHURIN: We were in the park one day flying kites, her and all of us kids, and it was just a beautiful day and we had the kites in the sky. And we

just looked at the clouds together and watched the sunset.

JACKSON: And Jack, we appreciate that. You know, Jack Mahurin, thank you so much for being here with us. Our condolences to you. God bless you.

MAHURIN: Thank you.

JACKSON: Thank you.

Tonight police in upstate New York have identified the four victims found dead in a basement apartment earlier this week. They are 36-year-old

Shanta Myers, her 11-year-old son Jeremiah and her 5-year-old daughter Shanise. The fourth victim is 22-year-old Brandy Mells. You see them

there.

Police say that their deaths are suspicious and are asking for anyone who knows anything about the case to contact them.

And in Las Vegas police say that they are taking no chances this year securing the strip for New Year`s Eve. Now, sheriff Joe Lambardo (ph)

announced that snipers will be positioned on rooftops not more than 1,500 officers, that`s right 1,500 will be on the streets on the three days

leading up to the celebration. Additionally, 300 troops from the National Guard as well as homeland security and FBI personnel will be on site.

Officials stressed that these are only precautions and that there is no threat to the city.

And last October, 58, 58 people were killed and more than 500 injured at a mass shooting at an outdoor concert. A five-year-old boy with special

needs is found buried in the backyard of his home and his mom already facing murder charges is now facing new charges. Those details straight

ahead.

(COMMERCIAL BREAK)

JACKSON: It`s not often that a call from Pakistan leads police to a dead body in Ohio. Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Basically, he told me that something happened with one of the kids and they didn`t call the cops and basically he buried -- him

and his girlfriend buried the kid in the backyard.

(END VIDEO CLIP)

JACKSON: Now when officers first arrive at the home in Cleveland they were told that an aunt had taken the five-year-old, you see him there, Jordan to

Texas where he was spending time with his dad.

[19:35:05] But even though the child had been allegedly gone for a month the mom who you`re looking at, Larissa Rodriguez could not give police

addresses or phone numbers for the boy`s father or aunt in Texas. After searching Larissa`s backyard, police say that they found human remains that

were buried there. She was arrested and charged with murder, and now there are additional accusations of abuse and additional charges related to the

beautiful five-year-old Jordan. You see him. Now, police believe he was killed all the way back in September.

(BEGIN VIDEO CLIP)

ANA RODRIGUEZ, JORDAN`S AUNT: That boy was sick, that boy was special needs, premature, he needed help. And all they did was beat on that little

boy.

(END VIDEO CLIP)

JACKSON: Sadly. Joining me now, CRIME AND JUSTICE producer, Justin Freiman, Sal Awadallah, he is the major trial supervisor for the Cuyahoga

County Prosecutor`s Office, CNN Law Enforcement Contributor and former FBI agent and investigator, Steve Moore, of course, defense attorney, Kisha

Hebbon. So let`s talk with Justin, how did they unravel this case?

JUSTIN FREIMAN, CRIME AND JUSTICE PRODUCER (via telephone): It`s incredible. Actually, they actually got a phone call coming all the way

from Pakistan and that call led police to this home.

JACKSON: You know, I just can`t believe how that occurred. And speaking of which, let`s just go to a sound bite that I want you to listen to and

then we`ll talk more about the case momentarily.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: it`s not her kid, it`s one of her kids. What he told me was he came home, his girlfriend called him, he rushed home and then

like -- I think the little boy was like four or five. Now mind you, I`d only seen the kids like one time, so I couldn`t tell you where they are or

what this is about. But he told me that the boy was unresponsive, and I was like, OK, he said, well, this kid had a, you know, a lot of problems

like he had one lung, and one kidney and I don`t even know if that part is true because I don`t know these kids because he`s only been with this girl

maybe two years and I`ve been like overseas.

(END VIDEO CLIP)

JACKSON: So Justin Freiman, back do you. Now, how did they get to the backyard to determine what was going on then?

FREIMAN: All right. So they started searching and they also were talking to the mom. And when they got the story about the child being in Texas,

they realized that story was false then they kept pressing her and she actually told them where this body was. They went digging and they did

find the child`s remains in bag in that yard.

JACKSON: That`s absolutely. So, Sal Awadallah, if I can go to you, you`re prosecuting this case, can you take us through, Sal, the charges that you

have there and what the basis for those charges are?

SALEH AWADALLAH, MAJOR TRIAL SUPERVISOR, CUYAHOGA COUNTY PROSECUTOR`S OFFICE (via telephone): Sure. Thanks for having me. Right now the grand

jury returned an initial indictment for five counts, count one being murder and under proximate cause theory and that the child died at a proximate

cause of a forced assault of serious physical harm as well as the endangering -- the abuse suffered by the child. Right now we`re operating

under initial information and still awaiting final reports from our medical examiner`s office. And beside the endangering abuse, portion of the

endangering child count, there`s also a duty of care, which means that even if she didn`t act or lack of acting as a responsible parent led to this

child`s death. On top of that then there`s the -- the girl`s abuse of a corpse for what they did to this child and child`s body upon his demise.

JACKSON: And Sal, as you`re speaking there, we have the charges, you`re just alluding to, we have the murder, the endangering, the felonious

assault, the girl`s abuse that you just spoke to. The murder charge though, how do you from a prosecutor`s perspective get that case proven?

The defense may argue it wasn`t murder, perhaps it was an accident, she panicked, she buried the child. What information that you have could you

share that would point to it being an intentional act?

AWADALLAH: Well, the initial information right now is really centered, again, on -- not so much of the intentional act regarding the murder but

the intentional act regarding the underlying counts which is felonious assault and endangering a child. So her lack of treatment of the child

throughout the year and her lack of taking this child to doctor`s appointments throughout the year, her treatment of the child led to serious

physical harm having this child that serious physical harm manifested itself in a -- in a death. And that`s -- there was a proximate result of

this death. So in Ohio, we have what I call super manslaughter count, and that`s the theory we`re operating under now until we receive more

information in regards some other injuries that we suspect this child suffered. But we`re waiting for the final report.

JACKSON: Without question always important to gather more information. I want to let you to hear a sound bite, the 911 call about an inconsistency.

Before we go there, Sal though, if I can just ask you, Child Protective Services, anything they could have done more to prevent something like

this? It`s my understanding that she had nine kids and was pregnant with her tenth? Is that accurate? I mean, Child Protective Services was just

at the home.

AWADALLAH: That is correct. We are look at the entire case element. And we don`t know, one of the first things law enforcement did was to make sure

we accounted -- we accounted for the other children and their whereabouts. Because not all of her children were actually living with her. Some were

residing with other folks, and there she did track down these other children and ensure that they were safe. Everybody right now except for,

of course, Jordan, who was unfortunately mistreated to a point where it led to his death at this point. But the Child Family Services was involved,

and right now it`s too soon to get into what they could have done or did not do.

JACKSON: Let me let you hear the sound about what she told kids about Jordan.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The story was he said he told -- him and his girlfriend told the older kid s that she was staying with her sister who also a

special need kid and that way they don`t question it. You see what I`m saying? And I was like --

UNIDENTIFIED MALE: OK. So they think that -- they may think that he`s with her sister, right?

UNIDENTIFIED MALE: Exactly.

(END VIDEO CLIP)

JACKSON: So, Kisha Hebbon, our defense attorney here. So obvious question, what`s her defense here?

KISHA HEBBON, DEFENSE ATTORNEY: Well, I think in that case she`s probably going to be better off taking some type plea deal. I mean, the fact that

there`s evidence of this child being abused, not being taken to doctors appointments and those things could have been the proximate cause of his

death. And then the fact to cover it up and say he is -- I think she told one person he was with his father in Texas and then they told the children

he`s with her sister. I mean, it`s horrific, and I don`t -- I can`t imagine except for maybe she has some type of mental problem that could be

a defense, but in this type of case, it`s usually better to just take a plea deal.

JACKSON: And Kisha, when it involves children, certainly, you know, jurors aren`t too sympathetic to that, right?

HEBBON: Right. Especially a child with special needs like his.

JACKSON: Without question and find him buried in the backyard. And so, Sal Awadallah, back to you, what kind of time is she looking at and what

about any plea bargains? Is that -- any of that begun?

AWADALLAH: No. Again, we`re too soon to talk about a plea. But count one is a murder charge under our law, if you`re looking at 15 to -- life

imprisonment years to 15 years before you see a parole board. And that`s, you know, just on the murder. But she could face a purpose for murder.

Again, if they`re more developed -- more information develops, that would take it to an aggravated murder which would increase the penalties

significantly.

JACKSON: Without question, Sal, which was going to be my next question which is, of course, could charges be upgraded or could more charges be

forthcoming. Standby. Steve Moore, what else do investigators have to do to present this case and gather the information that`s necessary so people

like Sal Awadallah can go into a courtroom and be successful?

STEVE MOORE, FORMER FBI AGENT AND INVESTIGATOR: Right now I think it`s going to depend very heavily on what the medical examiner comes back with.

Obviously, he`s giving kind of a wet read to the -- to the investigators saying, hey, there`s more to this than just an illness. So I believe that

what you`re going to find is what the medical examiner suspects, that there was -- that there was physical abuse that might have been part of the cause

of death rather than just neglect. And so I think that`s going to be the next shoe to drop.

JACKSON: Good point, Steve. You know, we call that evidence, Steve Moore. All right? That`s -- devils always in the details. Sal Awadallah, thank

you, Prosecutor, for joining us. Kisha will stay in place, Steve you will as well. Next up. O.J. Simpson, Bill Cosby, the mass shootings in Las

Vegas and Sutherland Springs, Texas. Straight ahead. We`ll look back at the top seven crime stories of 2017.

(COMMERCIAL BREAK)

[19:38:13] JACKSON: 2017 was a tumultuous year filled with stories of shootings and accusations of sexual assaults and harassment. Jean Casarez

takes a look at the top seven crime and misconduct stories of 2017. Take a look.

JEAN CASAREZ, CNN CORRESPONDENT: 2017 was a tumultuous year filled with stories of shootings and accusations of sexual misconduct. Let`s take a

look at the top seven crime and misconduct stories of 2017. In number seven --

UNIDENTIFIED MALE: Breaking news this morning. O.J. Simpson is a free man.

CASAREZ: The former NFL star is notorious for being acquitted in 1995 of murder charges for the grisly murder of his ex-wife and her friend. More

than 10 years later, Simpson was accused of another crime. This time, kidnapping and armed robbery at a Las Vegas Hotel in 2007. He was

sentenced to serve 33 years behind bars.

UNIDENTIFIED FEMALE: Mr. Simpson, I do vote to grant parole when eligible.

CASAREZ: Simpson was granted parole for good behavior.

UNIDENTIFIED FEMALE: An upbeat O.J. Simpson walked out of a Nevada prison shortly after midnight.

CASAREZ: Number six, the criminal trial of Bill Cosby.

UNIDENTIFIED MALE: That`s absolutely correct.

CASAREZ: Once one of television`s most lovable dads, actor Bill Cosby goes to trial accused of sexually assaulting a woman more than 10 years ago.

Criminal charges were not filed at that time, but when never-before-seen transcripts unsealed in 2015 showed Cosby admitting to giving drugs to

women he wanted to have sex with, a Pennsylvania district attorney brought forth multiple charges against the star.

[19:50:07] UNIDENTIFIED FEMALE: The judge in the Cosby trial has declared a mistrial.

UNIDENTIFIED FEMALE: The jury failed to reach a verdict after more than 50 hours of deliberation.

BRIAN MCMONAGLE, DEFENSE ATTORNEY: We came here looking for an acquittal, but like that Rolling Stone song says, you don`t always get what you want.

Sometimes you get what you need.

CASAREZ: The case is set to be retried in April. Cosby maintains his innocence saying the encounter was consensual. Number five.

ERIN BURNET, CNN HOST: Congress attacked. Congressman Steve Scalise the third-ranking Republican in the House remains in critical condition tonight

after a lone gunman opened fire on a Republican Congressional baseball team.

UNIDENTIFIED MALE: He asked me if this team was the Republican or the Democrat team practicing. I responded that it was the Republican team

practicing and he proceed to shoot Republicans.

UNIDENTIFIED MALE: Our lives were saved by the Capitol Hill police, if they`ve not been there, I think there would have been massacre.

PAUL RYAN, SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES: An attack on one of us is an attack on all of us.

CASAREZ: Three months later, Congressman Scalise returns to the House floor to a bipartisan standing ovation.

REP. STEVE SCALISE (R), LOUISIANA: You have no idea how great this feels to be back here.

CASAREZ: Number four. A mass shooting inside of a small town Texas Church. A gunman, Devin Kelly, killed 25 people and an unborn baby when he walked

into a Sutherland Springs Church in November. The former airman had a long history of violent behavior. Kelly died not far from the scene after being

chased by good Samaritans.

UNIDENTIFIED MALE: It was do, you know, do everything necessary to make sure that this guy is stopped.

CASAREZ: Among those killed several member of the Holcombe family spanning three generations.

UNIDENTIFIED MALE: Here we have eight people in a family that left us in one day.

CASAREZ: Number three. The murder of a woman in Charlottesville, Virginia. 32-year-old Heather Heyer was killed in August when a car plowed into a

group of protesters. Heyer and others were counter-protesting A Unite the Right rally of white nationalists and neo-Nazis. The man driving the car,

20-year-old James Alex Fields had attended the rightwing rally. He has been charged with first-degree murder in Heyer`s death.

SUSAN BRO, HEATHER HEYER`S MOTHER: They tried to kill my child to shut her up. Well, guess what? You just magnified her.

CASAREZ: Story number two. Dozens of women speak out about being sexually harassed or abused by Harvey Weinstein.

UNIDENTIFIED FEMALE: More and more women are coming forward accusing Hollywood movie mogul Harvey Weinstein of blatant sexual misconduct.

UNIDENTIFIED FEMALE: He just kept -- kept grabbing his penis and fondling himself.

UNIDENTIFIED FEMALE: He pushed me back and forced himself on to me. It was not consensual.

CASAREZ: Weinstein responded through a spokeswoman saying any allegations of nonconsensual sex are unequivocally denied. The Weinstein accusers

speaking out helped create a domino effect of other women speaking out about harassment in industries outside of Hollywood.

UNIDENTIFIED FEMALE: And at least half a million women all over the world in all professions have jumped on the social media platform to say, me too.

CASAREZ: Weinstein is being investigated by the NYPD but no charges have been filed. And in our top crime and misconduct story of the year, the

mass killing of dozens at a Las Vegas country music festival in October.

UNIDENTIFIED FEMALE: We have breaking news of the worst variety. The deadliest mass shooting in U.S. history has just happened.

CASAREZ: fifty-eight people were killed when shooter Stephen Paddock started firing shots from his hotel suite. 32 stories above that crowd.

UNIDENTIFIED FEMALE: The shots just kept coming.

TAYLOR BONGE, WITNESS, LAS VEGAS SHOOTING: No matter which direction you went in, no matter where you took cover, there`s at least two to three

bodies that you didn`t know where you were safe.

CASAREZ: But from the tragedy rose dozens of heroes.

UNIDENTIFIED FEMALE: I`m a nurse, and I just felt that I had to.

UNIDENTIFIED MALE: I ran back towards the shooting.

HEATHER GOOZE, LAS VEGAS SHOOTING SURVIVOR: I just sat with him, but I would like to think that if it was me, that somebody wouldn`t let me sit

there alone.

CASAREZ: Jean Casarez, CNN, New York.

JACKSON: Great job by Jean Casarez. Defense Attorney, Kisha Hebbon joins me. Kisha, a lot of stories in 2017. What stands out to you?

HEBBON: The one that stands out to me, actually, two, are the sexual harassment cases with Bill Cosby and then Harvey Weinstein. This for so

long, all eyes were on Bill Cosby and then that trial ended with a hung jury where they there weren`t able to come up with a verdict. And now we

see so many cases of sexual harassment, almost every day we`re hearing on the news there`s someone else. So, I think we`re going to see a lot of

those cases.

[19:55:04] JACKSON: It is amazing, Kisha. I don`t think the world will be the same.

HEBBON: I know.

JACKSON: It`s amazing everyone has come forward. And thankfully women feel emboldened to do that. So I`m with you with that. That shooting was

really troubling too.

HEBBON: Yes.

JACKSON: But yes, tough 2017, without question. Thank you.

HEBBON: You`re welcome.

JACKSON: An important programming note to tell you about. Next week on HLN, Sean Spicer unfiltered. The former White House Press Secretary joins

S.E. Cupp to cover all the headlines. A special edition of "S.E. CUPP UNFILTERED" with Sean Spicer for the entire hour. That`s Thursday, January

4th, at 5:00 p.m. Eastern right here on HLN. Now, would you trust a guy wearing a trust me T-shirt? Maybe not if you saw him wearing it in his mug

shot.

(COMMERCIAL BREAK)

JACKSON: His t-shirt said trust me. Unfortunately, he was wearing it in his mug shot. 22-year-old Wilmer Garcia is accused of stealing a car that

was left warming up last Saturday. Now the left the car running and unlocked for a moment and when he returned it was gone. Garcia is charged

with auto theft. Thanks for watching, everyone. We`ll see you back here Tuesday night at 6:00 Eastern for CRIME AND JUSTICE.

[20:00:05] "FORENSIC FILES" begins right now.

END