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PRIMETIME JUSTICE WITH ASHLEIGH BANFIELD

Young Mom`s Body Found; Cheerleader Killed by Boyfriend. Aired 6-8p ET

Aired March 1, 2018 - 18:00   ET

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


(JOINED IN PROGRESS)

[18:00:00] JEAN CASAREZ, HOST, HLN: Good evening. I`m Jean Casarez in for Ashleigh Banfield. Thank you so much for joining us. This is Crime and

Justice.

We do have breaking news out of Middlesex County, Virginia. The body of a missing young woman has been found just one mile from the home where her

two toddlers were left alone Tuesday morning with signs of a struggle out by her car.

And tonight, a male suspect is charged with her murder. More on that in two minutes.

But another arrest after a young driver in San Antonio, Texas reportedly witnessed the truck in front of him swerve towards a bus full of senior

citizens. He pulled out his phone and recorded the man crash into a concrete barrier. The witness could have kept driving, post the video

online, as it was, but he decided to confront the driver and he kept the camera rolling.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Hey, man. You`re done driving. Get out of the car. You are done driving. That`s it. Get out of the car. Get out! Get out of the

car! You`re done! That`s it. Get out. You`re drunk.

Get out. You get out of the car. Call the police. Call the police. Call the police. Call the police. Get out of the car. Come on. Get out. Get out of

the car. You`re done. Put it in park and get out of the car. Put it in park and get out of the car. You`re done. That`s it. Get out.

(END VIDEO CLIP)

CASAREZ: According to local reports, this was the 61-year-old driver`s third DWI offense. In Los Angeles, another close call. The suspected driver

of a stolen vehicle speeding through the streets with the police on their tail when they crashed into another car, spin across the intersection and

nearly wipe out a news photographer on the corner.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Definitely. Coming up on La Brea. Whoa! Whoa! No, he almost took out a stringer.

(END VIDEO CLIP)

CASAREZ: According to local report, that photographer he is fine tonight. White the driver of the other car recovers from minor injuries. And the

chase suspect sits behind bars.

We told you the missing body of a missing young Virginia mother has been found tonight and that is not all that turned up today. Twenty-two-year-old

TerriLynn St. John was reportedly getting ready to take her two toddlers to daycare when she just disappeared from her very own driveway.

The family checked in later to discover the signs of a struggle next to her car. Her front door left wide open and her 1 and 3-year-old children they

were inside. Police have spent two days searching the rural area for TerriLynn, but this morning they called off that search.

(BEGIN VIDEO CLIP)

MICHAEL SAMPSON, MAJOR, MIDDLESEX COUNTY SHERIFF`S OFFICE: At approximately 9 o`clock this morning, detectives discovered a body in the wake area. At

11.35, the body of TerriLynn St. John was positively identified approximately 20 feet off the road in a small patch of woods. There was an

attempt to cover the body. Detectives switched their gears in this case from a missing person`s report of suspicious nature to a homicide.

(END VIDEO CLIP)

CASAREZ: The person who led police to TerriLynn`s body is now charged with first-degree murder. A 23-year-old man who somehow knew TerriLynn and her

boyfriend, we`re not sure exactly how she knew him, but tonight we still don`t know why he or anyone else would want to kill her.

Crime and Justice producer Kyle Peltz has been working this story all day. Kyle, this was a missing person`s case. They had the drones, they had the

dogs, they had the searchers and in fact they were going to have a search this morning at 9.30. What happened?

KYLE PELTZ, PRODUCER, CRIME AND JUSTICE: Right, Jean. So, as you mentioned, it all started two days ago now. Twenty-three-year-old TerriLynn St. John

she seemingly vanished from her own front yard in broad daylight too. You know, like you mentioned, officials immediately and this is a small area.

That they immediately got drones in the air and aerial surveillance and K- 9s. It was really a huge search effort until today. Because today, you know, she has been found, but unfortunately, as you mentioned, it`s not how

cops hoped to find her.

CASAREZ: So, social media played a role in this, right. Because we can tell everyone that Alvin Keyser, 23 years old, he has been charged with her

murder. I mean, very quickly charged with her murder. But social media, what did they learn the authorities from that?

[18:05:01] PELTZ: Right. So, Alvin Keyser he was taken into custody early this morning after TerriLynn`s body was found. He led them to her body

according to police, but we know police first had contact with this man last night and they also interviewed him last night. He apparently reached

out to them this morning which is when he led them to her body.

But as you mentioned, another interesting point is it`s social media is apparently what caused police to even contact this guy in the first place.

He wasn`t a person of interest before this or anything. They said he said some things and we are not sure what he said and someone else posted what

he said on social media and that`s what led cops to him.

CASAREZ: Right, so it was secondhand. Just to let everybody know, Kyle, about this community, I mean, it was said in the press conference today

that the police officer, the detective that was speaking said, I know the Keyser family. We all know them. It`s a small town.

PELTZ: It`s a very small town. Very small town by the water. Everyone knows everyone.

CASAREZ: The crime scene investigators we understand are still processing the scene. Now there are two scenes, right. There is one at her home where

she allegedly was last seen and there is also another one where her body was found. How far away are they from each other and how did they find her

body?

PELTZ: Right. They are about anywhere from one to two miles away from each other depending on how you calculate it. It`s not far at all. We still

don`t know how she was killed. Gee, that`s still a mystery. Her body was taken to the medical examiner`s office today and they are going to conduct

a full autopsy.

But cops earlier today weren`t even really able to say whether there were visible injuries on her when she was found. But we`re sure to find out more

in the coming days.

CASAREZ: And her body was found 20 feet off the road, rural area, someone tried to cover it up, but authorities say apparently they didn`t really

succeed at that. Kyle, back at the house, what do the evidence, what is the potential evidence we know that was found at that scene?

PELTZ: Well, we know at the scene, there was apparently a broken necklace that was found outside her home. Her cell phone had apparently also been

found in the bushes outside her home. Something her dad said looked like some type of struggle had taken place.

CASAREZ: We don`t know about clothes that she had on that were found at the scene? The house scene?

PELTZ: No. Not that the police have said.

CASAREZ: All right. Do we know if inside the house any of her hearse or keys or anything was found?

PELTZ: I think that`s a great question. No. We don`t know, Jean.

CASAREZ: They`re not -- they are keeping the investigation close to the vest apparently since this is a homicide at this point. With us tonight is

certified death investigator and professor of applied forensics at Jacksonville State University, Joseph Scott Morgan.

What do you assess from outside the home? So little that we know, but if her cell phone was in the bushes and a necklace was ripped and found on the

ground and we don`t know who was wearing the necklace, right? What does that tell you?

JOSEPH SCOTT MORGAN, PROFESSOR OF APPLIED FORENSICS, JACKSONVILLE STATE UNIVERSITY: Hi, Jean. Yes, I think that this is a wealth of information

from an evidentiary standpoint. As you`ve mentioned, we have two separate scenes. The main point for here for the police is this idea of

connectivity.

Looking at the evidence at her home, we talk about this necklace that has apparently been broken away. This would indicate some level of force and

contact. That can bring us to issues like contact DNA or touch DNA as well as a phone. As we know most of us walk around with a phone in our hand all

the time.

The idea is if you find touch DNA which are the traces of skin that are contained in those traces of skin that are left behind, would it normally

with an unknown individual`s DNA normally be found on the surface of her phone. So that`s going to be quite telling.

This is apparently kind of an isolated area. We moved forward to this other scene where this poor woman`s remains were actually found. And we have

another type of DNA that we will be looking for there. It can range anywhere from more touch DNA or bodily fluids that may have been exchanged.

Keep in mind we don`t know what happened at this point. Another big issue here as we mentioned, we don`t know what the medical examiner found yet. We

know that she is deceased. We do know that they are going to let us know at some point what the instrumentality of death is. And again, that`s another

point of connection.

Does the individual that is arrested have the capability or the resources to facilitate a particular type of death and what kind of interaction had

they had?

[18:10:04] My suspicion is since she just kind of vanished out of the air and he used some kind of conveyance to move her away, can you imagine

someone just trying to hurt her down the road? The idea is she was put into a vehicle perhaps and in that vehicle we`ll also have essentially a

secondary scene where her DNA might be found as well as blood evidence and all kinds of other things.

CASAREZ: That`s right. Potentially another crime scene. Exactly right.

MORGAN: Yes, ma`am.

CASAREZ: To defense attorney Rachel Kugel joining us now in New York.

RACHEL KUGEL, DEFENSE ATTORNEY: Thank you.

CASAREZ: Charges were brought so quickly here.

KUGEL: Very quickly.

CASAREZ: And we know that this Alvin Keyser was an acquaintance. Because the press kept asking what`s the relationship? We know an acquaintance. She

had a boyfriend, this was not her boyfriend. This was someone else. But he contacted authorities this morning and it looks like he led them to her

body.

KUGEL: Yes. I mean, there are so many interesting things about this case that raise some interesting questions about what happened here. And there

some facts that sort of strike me. Obviously there is some kind of confession of his involvement because he led them to the body. So there`s

obviously something like that and that`s probably why we see charges so quickly.

What I think is interesting is to me, it doesn`t look like that it was a super planned out thing. And I say that for a few reasons. It was in the

daytime and the children were home. If one was planning to do this, one would think that they would have made a better choice of timing. So no one

intended I`m sure that the children would be in there. It`s a loose end, if you will.

And there doesn`t seem to be much planning as to where the body was going to go. It`s like this haphazard trying to cover it up and obviously not

covering it up particularly well. So it strikes me especially the daytime thing bothers me. And I wonder if it wasn`t that they had some kind of

altercation in the driveway and you know, murder ensued.

CASAREZ: And he intentionally killed her. And he has been convicted and he is innocent until proven guilty.

Kyle, there was a mysterious interview, Ashleigh did it last night and I want to replay it tonight because it could be significant. Now, a local

affiliate in the area is saying that it was about 7.30 that this beautiful young woman, TerriLynn St. John was last spoken to, but the interview

Ashleigh had last night may have said something different, right. Explain for us. Set this up for us.

PELTZ: Yes, we so asked and we spoke with TerriLynn`s best friend, her name is Shelby, we spoke to her last night and asked her if it`s true that the

last time she was heard from was 7.30 a.m. She said no. That there was a call place said about two hours before that.

CASAREZ: All right. Now we want everybody to listen to this, but also listen to see if you hear a male voice in the background. Let`s see if you

can hear what they are saying. OK. Let`s play it.

(BEGIN VIDEO CLIP)

ASHLEIGH BANFIELD, HOST, HLN: But this didn`t happen until 7.30 in the morning, right. At least that`s the last known communication anyone has?

UNIDENTIFIED FEMALE: That`s not correct. The 911 phone call was made at 5.30 in the morning.

BANFIELD: OK. Can you tell me about who made a 911 call?

UNIDENTIFIED FEMALE: It came from Terri`s phone.

BANFIELD: So what do you know about that call? Could she be heard on the phone?

UNIDENTIFIED FEMALE: Like I said in the beginning, there is not too much that we do know. Everything that`s being posted and shared is pretty much

all we know at this time.

BANFIELD: But what kind of a call was made at 5.30 in the morning and what do you know about that call? How do you know it was Terri? Shelby, are you

still there? I think we might have just lost Shelby Rose and I sense that she had some discomfort answering some of those questions. There was also

someone in the background who she was whispering with. It sounded like a man`s voice. I have no idea who that was.

(END VIDEO CLIP)

CASAREZ: OK. Rachel, that is very, very strange. She was uncomfortable. She hung up on Ashleigh. Now this person knew something. Well, potentially.

That`s not out

KUGEL: Yes. I mean, we have to be careful of course. It certainly sounds like there is something there. We don`t know if she was withholding that

because, you know, maybe police told her to be careful what she says and that we`re trying to not get too many details out. It could be an innocent

explanation, but I certainly agree that, you know, it`s a troubling few moments for sure.

CASAREZ: And it could be secondhand. Or she could have been the dispatch officer that got the call. It could be anything.

Back to Joseph Scott Morgan, this is a mysterious death. We don`t know a lot about the circumstances, but as Rachel was talking about that it may

have been something that just happened very fast, can you as a death investigator determine something that is premeditated versus spontaneous in

nature?

[18:15:05] MORGAN: There is two cases here. Going back to what was said, this idea of potentially a frenzied event, this is indicated to me where we

have this ripped necklace phone discarded over the bushes and also this attempt to hide the body. It`s not like and we don`t know everything, keep

in mind, Jean, but it sounds as though, that someone just kind of roughly tried to cover the body with debris from that particular area.

This time lapse that we are talking about the young lady was on the phone, we`re talking about a two-hour delay. What really kind of troubles me is,

was she being held in the house against her will or something for that protracted period of time? Maybe she didn`t want to leave the house.

She was forced to leave the house or any number of things that we can extrapolate potentially. But I think that I`m sure that the police are

combing that house very, very carefully to see if there was any kind of struggle. I`d like to know what condition the children were in. Were they

upset or terrified. That sort of thing. Beyond just missing their mom. So there is a lot more to be found out here.

CASAREZ: That`s right. And we do understand that the children are with a grandparent tonight. But two little children lost their mother. And that`s

really one of the worst things that has happened in this whole scenario, more or less this young beautiful woman losing her life.

All right. We will continue to follow this case. And an arrest tonight in the mysterious beating death of a beautiful Texas cheerleader. She was

dropped off nearly dead at a San Antonio hospital. And now her boyfriend the guy who took her there is facing charges.

And now you can listen to our show any time. Download our podcast on Apple podcast, iHeart radio or stitcher tune or whenever you get your podcasts

and wherever you get them for your crime and justice fix.

[18:20:00] (COMMERCIAL BREAK)

CASAREZ: Unfortunately, it is not uncommon for hospital staff to see college kids after they go to festivals. But they -- not usually dropped

off unresponsive half snaked with bleeding and bruises. That`s how investigators say 19-year-old Cayley Mandadi arrived in a hospital in

Lulling, Texas. A Trinity University cheerleader pronounced dead just two days later.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The campus as a whole has really come together to support her, to support students who had been affected, support the, you

know, any faculty or students who had known her or her family. It was -- it was shocking. Yes, it`s in a school of only I think 2500 students to hear

one pass away is incredibly sad.

(END VIDEO CLIP)

CASAREZ: For months, all we have known is that Cayley was dropped off by a mysterious driver. But tonight we know who was behind the wheel and who

would be behind her death. Cayley`s boyfriend of just four weeks was charged with her murder as well as sexual assault.

He dropped Cayley off unresponsive, nude from the waist down with bruises on her neck and thighs and she was bleeding from her vagina. But Mark

Howerton says they just had rough sex on the road trip, they took after a music festival in San Antonio and later Cayley just stopped breathing.

With me now, my San Antonio.com digital reporter, Madalyn Mendoza. Madalyn, thank you for joining us. You know, Trinity University, I know it well. It

is just a very close-knit community. I actually took one of my law exams during law school at Trinity University`s law school. But I know San

Antonio I know the historical college. What happened here?

MADALYN MENDOZA, DIGITAL REPORTER, MYSA.COM: Yes, ma`am. Trinity is just a very small close-knit community, very prestigious school here in San

Antonio and across the nation. And Cayley Mandadi, 19 years old, beautiful second year cheerleader communication major. She had dated somebody prior

to Mark Howerton.

She knew Mark Howerton for eight months. Within four weeks, it`s just a violent four weeks. We obtained affidavits dating back to September 24th

when he allegedly destroyed her dorm room and threatened to dangle her or throw her off the balcony leading up to October 29th at Mala Luna music

festival here in San Antonio. It`s a huge event. Very popular with college age students.

According to affidavit, they went to her ex-boyfriend and a spat ensued. They followed into the car and upon that point allegedly she told him that

she was going to run away with him and go to Houston. So on the way over as we mentioned earlier, they, Mark Howerton said authorities that they had

rough sex and she passed out after drinking alcohol and ecstasy.

And Lulling about an hour out that she wasn`t breathing. He drove her to a hospital and then -- and then Lulling then she was transferred to Kyle.

[18:25:00] In Kyle and she was pronounced brain dead-on October 30th. On October 31st, she was pronounced dead at 19 years old. And it just shocked

the entire community and all of San Antonio, actually.

CASAREZ: No question. I can imagine what San Antonio is going through right now. So the timeline that you paint here is very interesting. That in

September is when and we don`t even have to say allegedly. He destroyed her dorm room. What did he do to her dorm room in September one month before

she is dead?

MENDOZA: Right. I also want to bring up that they have known each other for eight months and were only dating for four weeks. This is around the time

that they first started dating. You know, it was supposed to be great and the honeymoon phase.

According to the affidavit authorities start calls around 11.22 her seatmate had heard in. A male and female voice shouting, he allegedly said

that he could smash somebody`s face. When authorities showed up they found him alone. And her dorm decor across the floor, the sliding glass window --

the dorm at Trinity has sliding glass doors. That was cracked.

They found soda poured all over her bed. And when she arrived later, she was distraught about it and told authorities at this point that she was

afraid he would return. So there was already a criminal mischief charge against him at that point.

CASAREZ: So there was a criminal mischief charge against him. Very, very interesting. Joseph Scott Morgan as a certified death investigator, what we

have learned is that there was bruising all over her body. From head to toe with the exception of her back and the back of her legs. And there was

blood coming from her vagina. What does that tell you, especially that blood right there as a death investigator.

MORGAN: Well, for me in this particular case, remember if you reflect back on this case initially it came out, you know, he said that she was -- it

was rough sex and hair pulling and all this sort of thing.

Not only does she have bruising from head to toe, but, Jean, her eyes were swollen. Her eyes were swollen shut. And granted she did die within, you

know, a couple of days from being admitted but to me, this tells me that this has been, this was a protracted event. We got this period of time

where he was riding around with her in the car.

He had missed to pull over in the road and engaging in quote, unquote, "rough sex." What else was going on and to have these kinds of injuries to

her body, this is what we refer to as anterior injuries which are on the front of the body facedown. Nothing on the back side like you mentioned.

So does he have her tied down in a position or held in a position where he was essentially beating her across the surface of her body multiple times?

It`s going to be key that they can give us an idea about the aging of the bruising, you know, how recent some of the stuff was.

Also we have to think about the sexual aspect and the attack. You mentioned the blood that was issuing forth from her vagina. This is an indication of

rough sex. I`m hoping and praying that this is not some type of a torture that he subjected her to vaginally.

I think that can`t be taken off the table in this case. And they will have done a very thorough exam on her body from tip to toe. And paint a pretty

clear picture. It`s going to be interesting to find out the injuries around her neck. This is a very intimate event...

(CROSSTALK)

CASAREZ: Right. And you know, Joseph, his -- he had said after he had just decimated her dorm room that it was road rage. That`s what he allegedly had

said. But I want to you listen to the defense attorney. Because he has just been charge he actually turned himself in. And this was Mark Howerton. No,

this is his defense attorney, John Hunter saying that we need to keep an open mind. Listen.

(BEGIN VIDEO CLIP)

JOHNHUNTER, MARK HOWERTON`S ATTORNEY: This is a terrible tragedy. It`s a tragedy for Mark as much as it is for anyone else. The reality of this is,

Mark is innocent and he is going to vindicate himself in court. And I ask that everyone who is watching this, according the presumption of innocence

that he is entitled to.

(END VIDEO CLIP)

CASAREZ: All right. So, John Scott Morgan, road rage, how do you know it? And is that what the evidence is purporting to show here?

MORGAN: Well, is this, are these acute injuries that happened suddenly did he throw, you know, begin to throw a fit? We`ve got history of this

already. You know, a month prior he`s destroyed this young lady`s dorm room.

[18:29:59] Again, this is be going back to the medical examiner aging these injuries. I`m going to be very interested to find out was she restrained in

anyway, was she kept over protracted period of time.

Remember, she`s got a copious amount of alcohol and apparently she also had ecstasy on board. How are these going to play into --

JEAN CASAREZ, CORRESPONDENT, CNN AND HLN: Allegedly. We haven`t seen actuality of that. That is what the defendant said. Rachel, I want to ask

you, how successful are the defenses with roid rage?

RACHEL KUGEL, DEFENSE ATTORNEY: Not good because it`s generally not a defense in a lot of courtroom.

CASAREZ: (INAUDIBLE) intent.

KUGEL: No, it doesn`t. Ao as a general rule, taking a drug is not an affirmative defense completely to a charge -- to a charged crime, but it

can mitigate an intent element as you pointed out. The problem with something like roid rage is that it doesn`t affect one`s intent to do

something.

It might make one angrier. It might make one more violent, possibly even stronger that they would have otherwise been, but it is not a direct

defence to homicide case. The most you can usually do with it in a court a law would be, you know, possibly mitigation for sentencing purposes, but,

you know, I think that criminal defense attorney has his hands full.

CASAREZ: Yes. In San Antonio jury to lose one of their own, a cheerleader at Trinity University, that is going to be tough for the defense.

Today in a New York courtroom, the mother of two young children allegedly stabbed to death by their babysitter came face-to-face with the woman she

said kill her kids. And if looks could kill, the defendant would have been left dying on the floor. Details from the emotional confrontation, straight

ahead.

[18:35:00] (COMMERCIAL BREAK)

(START VIDEO CLIP)

UNIDENTIFIED MALE (voice over): How in the world do you make sense out of this? A woman and a mother returned home to her apartment here to discover

two of her children stabbed.

UNIDENTIFIED FEMALE: A blood curdling scream like you couldn`t imagine.

UNIDENTIFIED MALE (voice over): Yocelyn Ortega who lives in this building believed to have murdered the two children in her care with a knife.

UNIDENTIFIED MALE (voice over): There is a report that they did took a trip to Dominican Republic. Ms. Ortega (INAUDIBLE) Dominican Republic.

UNIDENTIFIED FEMALE (voice over): We spent the last nine days in the Dominican Republic. We spent half the time at our nanny, Josie`s sister`s

home in Santiago.

UNIDENTIFIED FEMALE: We trust these people (INAUDIBLE).

UNIDENTIFIED MALE (voice over): She has been employed by the family for approximately two years.

UNIDENTIFIED FEMALE (voice over): It was wonderful although not without quite a bit of drama.

UNIDENTIFIED MALE: Stab wounds to her neck. Those wounds appear to be self- inflicted and a kitchen knife on the bathroom floor.

UNIDENTIFIED MALE (voice over): We couldn`t believe such a nightmare.

UNIDENTIFIED MALE: (INAUDIBLE).

UNIDENTIFIED FEMALE: There is no word to describe what they are going through.

UNIDENTIFIED FEMALE (voice over): Couldn`t imagine as a mom what goes through your mind when you hear that your children are dead.

(END VIDEO CLIP)

CASAREZ: It is hard to imagine now how those parents will feel reliving the tragedy in court. Finally it is coming to trial. Their former babysitter on

trial more than five years, six years after the brutal death of their children with the judge telling jurors today, if you don`t get emotional

during this trial, then maybe you need to check your pulse.

Yocelyn Ortega`s case was delayed due to a debate over her mental state. She said she was incompetent to stand trial, but she has been found

competent to stand this trial. And if she is convicted of killing the children, she will spend the rest of her life behind bars.

With us now tonight, CNN producer Lawrence Crook who was in the courtroom all day for the testimony, the opening statements, and the emotional

testimony that began this trial. Lawrence, it has been a long time. It has been six years to come to trial because she said that she not mentally

competent.

But today there were opening statements and I want you to tell our viewers exactly what happened on that fateful day in October of 2012.

LAWRENCE CROOK, CNN PRODUCER (via telephone): Thank you for having me, Jean. That judge is right. I didn`t need to check my pulse today. This was

some of the most emotional testimony I have ever heard in my entire career.

It was -- go back to October 25th, 2012, five and a half years ago, the -- Marina Krim, the mother of Lulu and Leo who were brutally murdered and left

dead in the bathtub, was supposed to meet Yoselyn Ortega, and her third daughter, Nessie, at a practice for her older daughter, Lulu.

They were supposed to meet there later on in the evening. She goes to meet her. She is not there. She became concerned and calling around to Lulu, see

the text messages that she sent to Yocelyn Ortega, who by the way her kids call Josie.

They were unresponded too. She frantically went back to her home. All the lights were off. Marina described on the stand it has been an eerie

situation. It felt cold and

[18:40:00] dark and quiet. More quiet than it has ever been especially with a house with three young kids running around in it. She checked every room

in the house and decided to go back downstairs to the doorman who had said to her that he did not see Yocelyn or the kids leave the house so she knew

they much have been upstairs.

She decided to go back up, realizing that the only room she hadn`t checked was the bathroom. When she approached the bathroom, she saw some light

coming from the crack underneath the door. With her daughter, her third daughter, Nessie, who was three years old at the time, in hand, they opened

the door together and that`s where they saw what no parent should ever have to see.

CASAREZ: You know, Lawrence, I want to stop you. Lawrence, when you described this right now, I`m getting chills because I know the story --

CROOK (via telephone): And I don`t blame you.

CASAREZ: -- and when you describe this as the apartment being cold and dark and silent, so she opens that bathroom door, the mother, Marina, what does

she see?

CROOK (via telephone): Well, the first thing she see is her daughter Lulu, eyes open and blood everywhere. And her youngest son -- her youngest child,

her son, Leo, two years old, underneath her. And Yocelyn Ortega, Josie, standing next to the bathtub with a knife in hand just staring at her. The

scene --

CASAREZ: The babysitter! That`s the babysitter in the bathroom alive. What does she do?

CROOK (via telephone): As soon as she gets to see the reaction from the mother, she takes the knife and puts it to her throat and slits it. Again,

Nessie, the 3-year-old daughter in hand witnesses this. It`s just a gruesome discovery. There is no other word to describe it.

The jurors in court, at least one of them was crying. People were shaking their heads. It was a very, very tough emotion. The court reporter was

crying. It was difficult to listen to.

CASAREZ: And what was the defendant doing? I just want to know.

CROOK (via telephone): Nothing. Not a thing. Just staring straight ahead. No visible emotion. No visible reaction to anything. It`s almost like she

was dead there on the defense table. There was no reaction at all.

CASAREZ: Very interesting. Very interesting, Lawrence. I want to go to Dr. Charles Sophy. He is a psychiatrist and medical director for the Los

Angeles County Department of Children and Family Services. Doctor, thank you for joining us.

This has taken five and a half years to come to trial because the defendant has said that she is not competent to stand trial. What does that mean and

differentiate that from insanity because that`s what she is claiming right here, insanity.

CHARLES SOPHY, PSYCHIATRIST AND MEDICAL DIRECTOR, LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES: Right. There is a difference.

Incompetent to stand the trial doesn`t necessarily mean that they are insane and they are psychotic which is what insane means. They lost touch

with reality. They don`t know the date, the time, their name, that kind of stuff.

But if they are incompetent, they are just not quite to that degree, but they can`t make good judgments, they can`t discern things, and wouldn`t be

able to answer questions fully.

CASAREZ: The judge decided she was in fact competent. I want you to listen right now to Courtney Groves, the assistant district attorney in her

opening statements on the fact that this is premeditated murder. Listen.

(START VIDEO CLIP)

COURTNEY GROVES, ASSISTANT DISTRICT ATTORNEY: The defendant waited until she was sure that the mother was out of the apartment, before she return to

the department with Lulu and Leo that afternoon. Took knives from the kitchen and repeatedly slashed and stabbed them in the bathroom of the

apartment, laying their bodies on top of one another to bleed out in the bathtub.

(END VIDEO CLIP)

CASAREZ: Why? Why would she do that? The prosecutor addresses that, too. Lawrence and Charles, I want you to stick around because we are going to

have much more about this dramatic testimony we got for you to listen to and that will be next.

[18:45:00] (COMMERCIAL BREAK)

(START VIDEO CLIP)

UNIDENTIFIED FEMALE (voice over): They treated their sitter like family, but prosecutors say Yocelyn Ortega slaughtered the kids.

UNIDENTIFIED FEMALE: Unimaginable. There is no word.

UNIDENTIFIED FEMALE (voice over): Slitting their throats in the bathroom and taking a knife to herself just as their mother walked in the door.

UNIDENTIFIED FEMALE: I saw mom sitting on the chair, clutching her youngest child.

UNIDENTIFIED FEMALE (voice over): She has been sitting the kids for over two years. But if she is found guilty of killing them --

UNIDENTIFIED MALE: (INAUDIBLE) by a neighbor who alerted police.

UNIDENTIFIED FEMALE (voice over): She could spend the rest of her life sitting behind bars.

(END VIDEO CLIP)

CASAREZ: We are still talking about the babysitter accused of butchering the children in her care on a trial five years in the making. Yocelyn

Ortega`s defense told the jury today that she was in a psychotic state, while prosecutors are trying to put her in prison for life. They argued

this was a result of a tragic, a tragic long and bitter grudge.

Still with us, CNN producer Lawrence Crook who was in court today. You know, Lawrence, so many families have babysitters and this was a babysitter

that was close to the family for two years. She had helped this family and helped the children. You said, Lawrence, that today was the first time you

learned this, that the mother, Marina, was in the same room and able to look at the babysitter defendant.

[18:50:00] What was that like? What did you see?

CROOK (via telephone): You are right. Not only was it the babysitter, they considered her family. And this was the first she had seen her since that

tragic day and she made every effort she could to stare her down to the point where she was knocking into the prosecution table.

She would not break eye contact. Of course, Ortega, sitting at the defense table would not return that eye contact. She got up to the witness stand,

had trouble finding to speak. And this was very emotional. Shaking uncontrollably. A mixture of laughing and crying. It was obviously a

difficult situation for her.

Again, the jurors started crying when I saw it. I even had a tear come down my eye. It is just unimaginable for a parent to have to go through this and

sit in court with the strength that she found to get through it was very admirable. She really wanted -- she even adjusted her seat on the witness

stand so she could get a good look at her and she didn`t break eye contact with her.

She wanted her to see that she was strong, she was going to get through it, and was very inspiring. But it was a difficult situation for her obviously.

At one point, she had to take a break and put her head in her hand. She had a little trouble getting through it, but that`s understandable given the

situation.

CASAREZ: You know, Lawrence, I will tell you something. That testimony now sets the stage for this trial. It`s important for an evidentiary reason

because she can establish who the defendant is, establish the identity of her children, the victims, but it sets the emotional stage as well as the

legal stage with this trial.

Rachel, this mental defect, the insanity defense, this is what the defense is purporting. We want to tell everybody that the husband of Marina was

away on business in San Francisco. He was on a plane coming home and had no idea what happened to his two children. Detectives met him at JFK Airport,

took him to their home, and that`s when he discovered it, but --

KUGEL: It`s unimaginable. It`s unimaginable. And what I want to bring up too is talking about how difficult this trial was and how this mother had

to summon the strength to get through it.

This trial could have been avoided because there was actually an offer in this case early on, a while ago, where this defendant could have pled

guilty and the judge actually offered to essentially undercut or offer less than what the state was offering.

It was a 30-year to life sentence which was the minimum that would have been possible. That was over the prosecutor`s objection.

But, you know, I think wisely in an attempt to avoid a heart-wrenching, gut-wrenching trial for this family, for jurors potentially for everyone

involved, and this defendant didn`t accept that and instead wanted to put forward this insanity defense and go through the trial which in and of

itself is a whole other shock to this family all over again.

CASAREZ: Can you imagine autopsy photos and photos from that bathroom, the jury having to look at that?

KUGEL: I can`t imagine any of it. We were talking about it and I`m a New York mom. I remember when this happened and it literally shocked the city

and changed how people hire homeworkers in their home. It shocked the city and continues to. Not guilty by reason of insanity is extremely difficult

to win on.

CASAREZ: Right. And it always means they can get out too. One more thing for you tonight. Do you live in one of the safest or least safe states in

the United States? Details up next.

[18:55:00] (COMMERCIAL BREAK)

CASAREZ: In two weeks we begin a new season of CNN heroes. Everyday people changing the world. Where do we find these amazing individuals? With your

help. Today, we want you to meet a woman who successfully nominated her personal hero to be a CNN hero.

(START VIDEO CLIP)

UNIDENTIFIED FEMALE: I met (INAUDIBLE) at (INAUDIBLE) correctional facility. It was through her love and her support that really helped me

regain my life.

UNIDENTIFIED FEMALE: Hi, how are you?

I`m happily a CNN hero, thanks to Juliana`s (ph) brave recommendation. My credentials.

UNIDENTIFIED FEMALE: I was like, oh, my goodness, for everything that she has done for me, I did something for her that no one else did, you know, so

it felt really good.

(END VIDEO CLIP)

CASAREZ: If you know someone who deserves to be a CNN hero, please nominate them right now at cnnheroes.com.

And finally one more thing for you tonight. How safe is the state you live in? According to U.S. News and World report,

[19:00:00] Maine topped the list with the lowest violent crime rate in the country. Vermont, New Hampshire, Virginia, and Connecticut rounded out the

top five. And at the bottom of the list? Louisiana, Tennessee, Nevada, New Mexico, and Alaska.

The next hour of CRIME & JUSTICE starts right now.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: A young mother disappears from her own front yard.

UNIDENTIFIED MALE: There has been a struggle beside my daughter`s car.

UNIDENTIFIED FEMALE: Her two toddlers left inside alone.

UNIDENTIFIED MALE: My granddaughter is three and grandson is one.

UNIDENTIFIED FEMALE: Now police are questioning the man.

UNIDENTIFIED MALE: Mr. (INAUDIBLE) was it an acquaintance?

UNIDENTIFIED FEMALE: Who just led them to Terri Lynn`s body.

UNIDENTIFIED MALE: Approximately 20 feet off the road in a small patch of woods.

UNIDENTIFIED FEMALE: But the questions still remains who killed her?

A 19-year-old cheerleader is dropped off at a hospital unresponsive and two days later she is dead.

UNIDENTIFIED MALE: In a school of only I think 2500 students to hear one pass away is incredibly sad.

UNIDENTIFIED FEMALE: Now her boyfriend has turned himself in.

UNIDENTIFIED MALE: You are accused of pretty heinous crimes. Is there anything you want to tell her family?

UNIDENTIFIED FEMALE: He is saying they just had rough sex on their road trip before she passed put and never woke up.

UNIDENTIFIED MALE: Mark is innocent and he is going to vindicate himself in court.

UNIDENTIFIED FEMALE: Sitters are supposed to take care of your kids, not slaughter them.

UNIDENTIFIED FEMALE: Almost 30 different stabs --.

UNIDENTIFIED FEMALE: Now a woman is showing her face in court accused of stabbing two toddlers to death.

UNIDENTIFIED FEMALE: Laying their bodies on top of another to bleed out in the bathtub.

UNIDENTIFIED FEMALE: Stabbing herself just as the mother walked in.

UNIDENTIFIED FEMALE: What are goes through your mind when you hear that two of her children are dead?

UNIDENTIFIED FEMALE: What does the devil have to do with her defense?

(END VIDEOTAPE)

CASAREZ: Good evening. I`m Jean Casarez for Ashleigh Banfield. Thank you so much for joining us. This is the second hour of CRIME & JUSTICE.

Today was the third day, a young Virginia mother was missing. 23-year-old Terri Lynn St. John reportedly vanishing into thin air before taking her

children to daycare. When family came to the house on Tuesday morning, they found her toddlers home alone with the front door hanging wide open and

signs of a struggle by the car. And we may not know what happened in front of that home. But tonight, we know where Terri Lynn ended up.

(BEGIN VIDEO CLIP)

MAJ. MICHAEL SAMPSON, MIDDLESEX COUNTY SHERIFF`S OFFICE: At approximately 9:00 this morning, detectives discovered a body in the wake area. At 11:35,

the body of Terri Lynn St. John was positively identified approximately 20 feet off the road in a small patch of woods. There was an attempt to cover

up. Detectives have now switched gears in this case from a missing persons` report of suspicious nature to a homicide.

(END VIDEO CLIP)

CASAREZ: But Terri Lynn`s body is not all that turned up today. So did a 23-year-old man who has now been charged with Terri Lynn`s murder. Police

say he is the one who led them to her body and you better bet they are questioning him tonight. Because we still need to know just how Terri Lynn

die and why anyone would want to kill her.

With us is now tonight Jake Burns from CNN affiliate WTVR.

Thank you for joining us. I mean, this was a missing persons` case. The dogs, the drones, volunteers, now it is a homicide. You have brand-new

information for us tonight. What is that?

JAKE BURNS, REPORTER, WTVR (on the phone): Yes, we do, Jean. We now know that (INAUDIBLE) demand that is questioned over this this morning and led

police to Terri Lynn`s body has been charged in connection to this case. He has been charged with first-degree murder and concealing a dead body.

We also know from court document, there are sources in the police department in Middlesex that he apparently came over to Terri Lynn`s house

on Tuesday morning, the morning that she disappeared. Then confronted her about what I was told over in court ratting him out about, not clear on

what that is. There was some sort altercation inside (INAUDIBLE) van. Both people were fighting then he pushed her out of the van. And according to

police investigators that he strangled Terri Lynn in the driveway and took her body, put it in van and then dumped it about a mile or mile and a half

away from her home.

CASAREZ: So did I just hear you say ratting her out on something? What did you say?

BURNS: Yes. He came over to confront her about ratting him out on something. That she was ratting him out on something. It`s not clear what

that is. That is something that police detectives are still questioning. (INAUDIBLE) are over tight now. But that`s why he initially came over to

the house to confront them. That`s according to the police investigation.

[19:05:15] CASAREZ: Now, what was their relationship? Because investigators have said acquaintances. Everybody knows everybody around here.

Acquaintances, how did they know each other?

BURNS: As best we can tell, that is just it. That they are acquaintances in a small community where people were very closed there. We know that four

persons of interest were questioned last night but he was not one of those four people. He was - they got on to him last night via social media posts

by other folks. He apparently made a comment that someone posted online. And that lead them to (INAUDIBLE). So not 100 percent clear on the

relationship other than the fact that they were acquaintances in some small community.

CASAREZ: Now we know that through law enforcement that he called them this morning because, Jake, there was supposed to be a search at 9:30 this

morning. Volunteers were ready to go. They were going to try to find her. Look for her. And he contacted law enforcement this morning. What did he

do?

BURNS: Well, that search was called off because before that search began, he already admitted to police what he had done. They have been interviewing

him I`m told for several hours before that moment. And then confessed everything and led them to the body. That`s according to police detectives.

That`s why they canceled the search and then they realized they had found Terri Lynn in the wooded area just off (INAUDIBLE). It`s a rural part of

topping Virginia.

Again, all of this is in very close proximity. Terri Lynn`s house is about a mile away from there. And from what we can tell, an address listed to

(INAUDIBLE) was less than a mile away from where her body was struggled this morning.

CASAREZ: Right. And she had a boyfriend. Was her boyfriend in the house when all of this was happening?

BURNS: You know, from what we can glean, he already left from work that morning. He was a person of interest in the case last night. Police said he

cooperated, turned over DNA sample and had an alibi for where he was. So that`s something that really -- he was just a person of interest and it

seems like from what they can tell that (INAUDIBLE) is their man.

CASAREZ: And the reality is the two little children don`t have their mother tonight.

You know, the family is grieving. You can imagine how distraught they are. I want to you listen to Terri Lynn`s father who has spoken out.

(BEGIN VIDEO CLIP)

TERRY ST. JOHN, VICTIM`S FATHER: Left in the woods. They can definitely tell there has been a struggle beside my daughter`s car. Jewelry was thrown

around like it was broken off. Her cell phone was found in the Bushes.

(END VIDEO CLIP)

CASAREZ: With us now certified death investigator and professor of forensics at Jacksonville State University, Joseph Scott Morgan.

So Jake Burns of our affiliate WTVR has gotten some very important information today. And of course, this comes from the defendant at this

point. Terri Lynn`s body is at the medical examiner`s office tonight. But he is saying that he strangled her. What will you look for at the autopsy

to see if what he is saying comports with the cause of death?

JOSEPH SCOTT MORGAN, PROFESSOR, JACKSONVILLE STATE UNIVERSITY: Jean, what you are going to be looking at in strangulation is first off, you need to

determine if a ligature was used like a rope or, you know, of course, (INAUDIBLE). But in this particular case, we could be talking about what`s

referred to as a throttling where the hands are used around the neck.

What they are going to be looking for in the morgue at autopsy are going to be vocal areas of hemorrhage in the soft tissue of the neck that just means

body areas also be looking for (INAUDIBLE) which in low blood vessels kind of burst within the eye. And there are also be (INAUDIBLE) associated in

this. Keep in mind the blood will back up into the head and pressure will build up and these blood vessels burst. And many times that`s an indication

of strangulation. So specifically to that particular type of injury, that is what they will be looking for an autopsy.

CASAREZ: Horrible. I mean, how could she protect herself from that?

Jake, I want to go back to you. Last night Ashleigh Banfield had an interview with Shelby Rose, the best friend of the victim. It`s very, very

strange, but she talks about a necklace that was found at the scene. But it`s not what we are hearing.

Jake, I want you to listen to this and then tell us your thoughts. This is Shelby Rose with Ashleigh Banfield last night.

(BEGIN VIDEOTAPE)

SHELBY ROSE, VICTIM`S FRIEND: They are classifying it as a missing person report right now, but the evidence shows that her shoes were pretty much

drug off of her in the front yard. Her phone was in the bushes and a male necklace was ripped off of her.

ASHLEIGH BANFIELD, HLN HOST: Did you say a man`s necklace? Shelby, a man`s necklace was ripped off of her?

[19:10:05] SHELBY ROSE: That`s not confirmed, but that`s the assumption is at the time.

BANFIELD: So I want to be clear. It`s not confirmed, but you have been hearing reports that a man`s necklace taken off of her or a man`s necklace

was ripped off from whoever, which is that?

SHELBY ROSE: It was ripped off from whoever. It was laying in the yard with the rest of her belongings. And you can tell by the clasp that it had been

ripped off.

BANFIELD: And it wasn`t a necklace you saw her wear something.

SHELBY ROSE: No, ma`am.

(END VIDEOTAPE)

CASAREZ: All right, Jake. This is what I`m very confused about. This best friend, Shelby Rose, who ultimately hung up the phone during the interview,

she knows a lot of information. If this is true, that`s not out in the public domain.

BURNS: That is true. We do know that there was evidence collected on the scene of a necklace that had been torn in a way, shape, or fashion. We have

not learned specifically about whose necklace that is. We do know that evidence was back there, taken off to the state crime lab here in Richmond.

So there is no doubt trying to figure out whose necklace that is in connection to what happened in that driveway.

CASAREZ: So you don`t have any idea how Shelby Rose could know about that or here`s something else, Jake. Listen to this. The affiliates and maybe

you also are saying that the 911 call was made around 7:30 in the morning, but Shelby Rose told Ashleigh last night that the 911 call was much, much

earlier in the morning. What do you know about that?

BURNS: Yes. We have no details other than what the police have told us that the last time Terri Lynn was seen was around 7:30 in the morning. That`s

most of the details we have about when the time frame of this played out.

CASAREZ: So a lot of questions here. A lot of questions.

Rachel, what are your thoughts on this? Because how do you prevent - how do you survive when somebody is strangling you, someone that is potentially

much bigger than her.

RACHEL KUGEL, DEFENSE ATTORNEY: Yes. And it sounds like as we were talking about earlier that this may have happened in an unexpected way. In other

words, it`s not the kind of thing where, you know, she had a very close relationship with someone. They were, you know, intimate in some way that

it evolved over a long time. But it sounds like that something that happened unexpectedly and very quickly which is also a very hard to react

to.

CASAREZ: However, Jake, have you heard that there were tire tracks across the street in a field?

BURNS: We have not heard specifically about tire tracks in the field. We do know that police were asking for people looking for vehicles that did not

belong in the area, vehicles they hadn`t seen before. But the specific evidence that we have been told about with tire tracks in the field.

CASAREZ: All right, Joseph Scott Morgan, our producers are hearing that allegedly there were some tire tracks in the field across. It is a deserted

area that they don`t usually see tire tracks. What will forensic investigators do to look at to see if they are fresh or they are old and

can they even match a vehicle here?

MORGAN: Yes. It`s possible to match a vehicle or the tire to a specific track. This idea of connectivity. One of the foundations of forensic

science. Tires will have specific wear patterns that are unique to them. It`s called individualization due to the surfaces that they ride on. The

little nicks and dings that you get on the surface of tires just like shoe prints for instance. And they will go out. And say for instance these are

in a soft area, the reported tire tracks, they will go out and form a cast of these and compare them to the tire itself and what kind of marks it

might make. And so yes, there will be some matching going on and there is a way that they can age this. Some of the things they will be looking for in

this particular is for instance how long has it been since it rain, the surface conditions that the vehicle will be traveling upon, a number of

different things that lead back to this idea of individualization.

CASAREZ: And you know, Joseph and Rachel, the reason I`m interested in this is they appear to have their man, right, but prosecutors will need to see

what degree of murder. Homicide is warranted. Spontaneous or lying in wait. Because if those tire tracks are fresh from his vehicle and he was lying in

wait and minutes later she strangled, there is an argument that this should be premeditated murder.

KUGEL: Yes. Also, I would point out, you know, premeditation doesn`t have to be over a long period of time. There is a difference between us talking

about it sort of in general layman`s terms versus the legal definition of premeditation. It can happen quickly and spontaneously and still be

premeditated. All you need is that sort of moment to be able to think about it and choose something different.

The other thing is it sounds like he went over there, if not to kill her, certainly with a malicious purpose to fight with her or assault her, you

know. So there -- it could stem from that, too. In other words, he didn`t come over to chat and have coffee. He came over angry.

[19:15:16] CASAREZ: Right. And I think we still want to know, who is this guy? And why would he want to murder her?

I want to you listen to the major with the sheriff`s department talking about Mr. Keyzer. It`s a small town. Listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Have you guys had any run-ins with Mr. in the past that you can speak of, anything like that?

SAMPSON: Mr. Keyzer? No, nothing in particular. We know the family. Again, you know you are in Middlesex and everybody knows everybody. So it`s a big

shock to a lot of people.

(END VIDEO CLIP)

CASAREZ: Very sad for the entire community.

An arrest tonight in the mysterious beating death of a beautiful Texas cheerleader. She was dropped off nearly dead at a San Antonio hospital. And

now her boyfriend, the guy who took her there is facing charges.

Also, you can listen to our show any time. Download our podcast on apple podcast, I heart Radio, Stitcher tune or tune in or whatever you get your

podcasts for your CRIME & JUSTICE fix.

(COMMERCIAL BREAK)

[19:21:31] CASAREZ: Unfortunately, it`s not uncommon for hospital staff to see college kids after they go to festivals. But they are not usually

dropped off unresponsive, half naked with bleeding and bruises. That`s how investigators say 19-year-old Cayley Mandati arrived at the hospital in

Luling, Texas. A trinity university cheerleader pronounced dead just two days later.

(BEGIN VIDEO CLIP)

NICHOLAS SAMORAY, TRINITY UNIVERSITY SENIOR: The campus has a whole has really come together I think to help support student who is have been

affect and support the, you know, any faculty who know her and her family. It`s shocking. Yes, it is in a school of only 2500 students to hear one

pass away is incredibly sad.

(END VIDEO CLIP)

CASAREZ: For months, all we have known is Kaylee was dropped off by a mysterious driver. But tonight, we know who was behind the wheel and who

could be behind her death. Cayley`s boyfriend of just four weeks was charged with her murder as well as sexual assault. He dropped Cayley off

unresponsive nude from the waist down with bruises on her neck and her thighs and she was bleeding from her vagina.

But Mark Howerton says they just had rough sex on the road trip they took after a music festival in San Antonio and later Cayley just stopped

breathing.

With me now, mysanantonio.com vigil reporter, Madalyn Mendoza.

Madalyn, thank you for joining us. You know, Trinity University, I know it well. It is just a very close-knit community. I actually took one of my law

exams there in law School of Trinity University`s law school. But I know San Antonio. I know the historical college. What happened here?

MADALYN MENDOZA, DIGITAL REPORTER, MYSA.COM: Yes, ma`am. Trinity is a very small close-knit community, very prestigious school here in San Antonio and

across the nation. And Cayley Mandati, 19 years old, beautiful second year cheerleader communications major. She had dated somebody prior to Mark

Howerton. He knew Mark Howerton for eight months. Within four weeks, it`s just a violent four weeks.

We obtained affidavits stating back to September 24th when he allegedly destroyed her dorm room and threatened to dangled her or throw her off of

the balcony leading up to October 29th (INAUDIBLE) music festival here in San Antonio. It was a huge event, very popular with college-age students.

According to affidavit, they enter (INAUDIBLE) boyfriend. A spat ensue, they followed into the car. And upon that point, allegedly, she told him

that she was going to basically run away with him and go to Houston. So on the way over as you mentioned earlier, they - Mark Howerton told

authorities that they had rough sex and she passed out (INAUDIBLE) alcohol escapade and really about an hour out, he noticed she wasn`t breathing. He

drove her to a hospital in Luling. Then she was transferred to Kyle. In Kyle, she pronounced brain-dead on October 30th. On October 31st she was

pronounced dead. 19 years old. And it just shook the entire community and all of San Antonio actually.

CASAREZ: No question. I can imagine what San Antonio is going through right now. So the timeline that you paint here is very interesting. That in

September is when - and we don`t have to say allegedly. He destroyed her dorm room. What did he do to hurt dorm room in September, one month before

she is dead?

[19:25:09] MENDOZA: I also want to bring up they had known each other for eight months and were only dating for four weeks. This were the time that

they had for started dating, you know, when supposed to be great and honeymoon phase.

According to the affidavits, authorities, (INAUDIBLE) around 11:22, her roommates heard a male and female voice shouting. He allegedly said that he

could smash somebody`s face. When authority showed up, they found him alone. And her dorm (INAUDIBLE) all across the floor, they heard the

sliding glass window - the dorm was actually had sliding glass doors that was cracked. They found soda fork all over her bed. And when she arrived

later, she was distraught about it and told authorities at this point that she was afraid he would return. So there was already a criminal mischief

charge against him at that point.

CASAREZ: So there was a criminal mischief charge against him. Very, very interesting.

Joseph Scott Morgan, as a certified death investigator, what we have learn is that there was bruising all over her body from head to toe with the

exception of her back and the back of her legs. And there was blood coming from her vagina. What does that tell you especially that blood right there

as a death investigator?

MORGAN: Well, for me in this particular case, remember if you reflect back in this case initially he came out, you know. He said that she was, you

know, just rough sex & (INAUDIBLE) and always were thing -. It is not only does she have bruising for head to toe, but, Jean, her eyes were swollen.

Her eyes were swollen shut. And granted, she did die within, you know, a couple of days of being admitted, but to me this tells me that this has

been - this was a protracted event. We have this period of time where he is riding around with her in the car. He admits to pulling her on the road,

engaging in quote-unquote "rough sex," what else was going on? And to have these kinds of injuries to her body, this is what we refer to as anterior

injuries which are on the front of the body, facedown, nothing on the back side like you mentioned. So does he have her tied down in a position or

held in a position where he is essentially beating her across the surface of her body multiple times? It`s going to be key that the ME give us an

idea about the aging of the bruising, you know, how recent some of the stuff was.

Also we have to think about the sexual aspect in the attack. You have mentioned the blood that was issuing or from her vagina. This is an

indication of rough sex. I`m hoping and praying that this is not some type of torture that he subjected her to vaginally. I think that that can`t be

taken off the tape on this case. And they will have done a very thorough exam on her body from tip to toe and paint a pretty clear picture. It is

going to be interesting to find out the injuries around her neck. This is a very intimate event.

CASAREZ: Right. And you know, Joseph, he had said after he had just decimated her dorm room that it was road rage. That`s what he allegedly had

said. But I want to you listen to the defense attorney because he has just been charged -- he actually turned himself in. And this is Mark Howerton.

No -- this is his defense attorney, John Hunter, saying that we need to keep an open mind. Listen.

(BEGIN VIDEO CLIP)

JOHN HUNTER, MARK HOWERTON`S ATTORNEY: This is a terrible tragedy. It is a tragedy for Mark as much as it is for anyone else. And to the reality of

this is, Mark is innocent. And he is going to vindicate himself in court. And I ask that everyone who is watching this afford him the presumption of

innocence that he is entitled to.

(END VIDEO CLIP)

CASAREZ: All right. So Joseph Scott Morgan, road rage. How do you know it and is that what the evidence is purporting to show here?

MORGAN: Well, is this - are these acute injuries that happened suddenly? Did he throw, you know, begin to throw a fit? We have history of this

already. You know, month prior, he has destroyed her -- this young lady`s dorm room. Again, this is going to go back to the medical examiner aging

these injuries. I`m going to be very interested to find out was she restrained in any way? Was she kept over a protracted period of time?

Remember, she has a copious amount of alcohol on board apparently. She also had ecstasy on board. How are these going to play in to?

CASAREZ: Allegedly. We haven`t seen any actuality of that. That`s what the defendant said.

Rachel, I want to ask. How successful with the defenses of road rage?

[19:30:02] KUGEL: Not good because it`s generally not a defense in a lot of courtroom.

(CROSSTALK)

KUGEL: No, it doesn`t. So, as a general rule, taking a drug isn`t an affirmative defense completely to a charge -- to a charge of crime but it

can mitigate an intent element as you pointed out. The problem with something like `roid rage is that all -- it doesn`t affect one`s intent to

do something. It might make one angrier, it might make one more violent, possibly even stronger than they would have otherwise been. But it doesn`t

-- it is not a direct defense to a homicide case. The most you can usually do with it in a court of law would be, you know, possibly mitigation for

sentencing purposes. But, you know, I think that that criminal defense attorney has his hands full.

CASAREZ: Yes, and a San Antonio jury to lose one of their own, a cheerleader at Trinity University, that`s going to be tough for the

defense.

Today, in a New York courtroom, the mother of two young children allegedly stabbed to death by their babysitter, came face-to-face with the woman she

says killed her kids. And if looks could kill, the defendant would have been left dying on the floor. Details from the emotional confrontations

straight ahead.

[19:35:00] (COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: How in the world do you make sense out of this?

UNIDENTIFIED MALE: A woman -- a mother returned home to her apartment here to discover two of her children stabbed.

UNIDENTIFIED FEMALE: Blood curdling screams like you couldn`t imagine.

UNIDENTIFIED MALE: Yoselyn Ortega who lives in this building believed who had murdered the two children in her care with a knife.

UNIDENTIFIED MALE: There`s a report that they did take a trip to the Dominican Republic. I guess I`ll take it (INAUDIBLE) Dominican Republic.

UNIDENTIFIED FEMALE: We spent the last nine days in the Dominican Republic. We spent half the time at our nanny, Josie`s sister`s home in Santiago.

MARINA KRIM, MOTHER OF THE MURDERED CHILDREN: We trust these people with our most precious joy.

UNIDENTIFIED MALE: She has been employed by the family for approximately two years.

UNIDENTIFIED FEMALE: It was wonderful, although, not without quite a bit of drama.

UNIDENTIFIED MALE: The stab wounds to her neck, those wounds appeared to be self-inflicted and a kitchen knife on the bathroom floor. .

UNIDENTIFIED MALE: Who would believe such a nightmare?

UNIDENTIFIED MALE: We`re all in shock. I can`t believe this.

UNIDENTIFIED FEMALE: There`s no word to describe what they`re going through.

UNIDENTIFIED FEMALE: You can imagine as a mom what goes through your mind when you hear that both of your children are dead.

(END VIDEO CLIP)

CASAREZ: It is hard to imagine now how those parents will feel reliving the tragedy in court. Finally, it is coming to trial. Their former babysitter

on trial more than five years -- six years after the brutal death of their children. With the judge telling jurors today, if you don`t get emotional

during this trial, then, maybe you need to check your pulse.

Joselyn Ortega`s case was delayed due to a debate over her mental state. She said she was incompetent to stand trial but she has been found

competent to stand this trial. And if she`s convicted of killing the children, she will spend the rest of her life behind bars.

With us now tonight, CNN Producer Lawrence Crook who was in the courtroom all day for the testimony, the opening statements, and the emotional

testimony that began this trial. Lawrence, it`s been a long time. It`s been six years to come to trial because she said that she wasn`t mentally

competent but today, there were opening statements and I want you to tell our viewers exactly what happened on that fateful day in October of 2012.

LAWRENCE CROOK, CNN PRODUCER (via telephone): Thank you for having me, Jean. And that judge is right. I didn`t need to check my pulse today. This

was some of the most emotional testimony I`ve ever heard in my entire career. It was -- go back to October 25th, 2012, 5-1/2 years ago, the --

Marina Krim, the mother of Lulu and Leo who were brutally murdered and left for dead in the bathtub, was supposed to meet Yoselyn Ortega and her third

daughter, Nessie, at a practice for her oldest daughter, Lulu. They were supposed to meet there later on in the evening. She goes to meet her, she`s

not there. She began to get concerned and calling around to Lulu -- you see screen (INAUDIBLE) text messages that she had sent Yoselyn Ortega, who, by

the way, her kids affectionately called Josie.

They were going through -- unresponded to and she practically went back to her home. All the lights were off, and what Marina described on the stand

as an eerie situation that felt cold and dark and quiet. More quiet than it`s ever been especially in a house with three young kids running around

in it. She checked every room in the -- in the house and decided to go back downstairs to the doorman who had said to her that he did not seen Yoselyn

or the kids leave the house. So, she knew they must have been upstairs. She decided to go back up and realizing that the only room she hadn`t checked

was the bathroom. As she approached the bathroom, she saw some light coming from a crack underneath the door with her daughter --her third daughter,

Nessie, who was 2 -- 3 years old at that time, in hand, they opened the door together and that`s where they decide -- that`s where they saw the --

what no parent should ever have to see. Lulu --

[19:40:11] CASAREZ: You know, Lawrence, I want to stop you. Lawrence, when you describe this right now, I`m getting chills because I know the story.

CROOK: I don`t, you know, blame you.

CASAREZ: And when you describe this as the apartment being cold and dark and silent, so she opens that bathroom door, the mother, Marina, what does

she see?

CROOK: Well, the first thing she sees is her daughter, Lulu. Eyed open and blood everywhere. And her youngest son -- her youngest child, her son Leo,

2 years old, underneath her, and Yoselyn Ortega, again, Josie, standing next to the bathtub with a knife in hand just staring at her. And just a

scene that no parent should have to see.

(CROSSTALK)

CASAREZ: The babysitter? That`s the babysitter in the bathroom alive and what does she do?

CROOK: As soon as she gets to see the reaction from the mother, she takes the knife and puts it right to her throat and slits it. And again, Nessie,

the 3-year-old, in hand, witnesses it. It`s such a gruesome discovery. There`s no other word to describe it. The jurors in court, at least one of

them was crying. People were shaking their head. It was a very, very tough and emotional. I saw court reporter crying. I mean, it was difficult to

listen to.

CASAREZ: And what was the defendant doing? I just want to know.

CROOK: Nothing. Not a thing. Just staring straight ahead, no visible emotion, no visible reaction to anything. She`s almost like she was dead

there on the -- on the, you know, the defense table. There was no reaction from her.

CASAREZ: Very interesting. Very interesting, Lawrence. I want to go to Dr. Charles Sophy, he`s psychiatrist and medical director for the Los Angeles

County Department of Children and Family Services.

Doctor, thank you for joining us. This has taken 5-1/2 years to come to trial because the defendant has said that she`s not competent to stand

trial. What does that mean and differentiate that from insanity because that`s what she`s claiming right here, insanity.

DR. CHARLES SOPHY, PSYCHIATRIST AND MEDICAL DIRECTOR, LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES. Right. There`s a difference.

Incompetent to stand the trial doesn`t necessarily mean that they are insane and they are psychotic, which is what insane means, they`ve lost

touch with reality. They don`t know the date, the time, their name, that kind of stuff. But if they`re incompetent, they`re just not quite to that

degree but they can`t make good judgements, they can`t discern things, and wouldn`t be able to answer questions fully.

CASAREZ: But the judge decided she was, in fact, competent. I want you to listen right now to Courtney Groves, the Assistant District Attorney in her

opening statements on the fact that this is premeditated murder. Listen.

(BEGIN VIDEO CLIP)

COURTNEY GROVES, ASSISTANT DISTRICT ATTORNEY: The defendant waited until she was sure that the mother was out of the apartment before she returned

to the apartment with Lulu and Leo that afternoon. Took knives from the kitchen and repeatedly slashed and stabbed them in the bathroom of the

apartment, laying their bodies on top of one another to bleed out in the bathtub.

(END VIDEO CLIP)

CASAREZ: Why? Why would she do that? The prosecutor addresses that, too. Lawrence and Charles, I want you to stick around because we`re going to

have much more about this dramatic testimony. We got some for you to listen to and that will be next.

[19:45:00] (COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

CASAREZ: They treated their sitter like family, but prosecutors say Josie Ortega slaughtered the kids.

UNIDENTIFIED FEMALE: (INAUDIBLE)

UNIDENTIFIED FEMALE: There`s no words.

CASAREZ: Slitting their throats in the bathroom and taking a knife to herself just as their mother walked in the door.

UNIDENTIFIED FEMALE: I saw a mom sitting on a chair clutching her youngest child.

CASAREZ: She`s been sitting the kids for over two years, but if she`s found guilty of killing them --for she is found guilty of

UNIDENTIFIED MALE: (INAUDIBLE) heard by a neighbor who alerted police.

CASAREZ: She could spend the rest of her life sitting behind bars.

(END VIDEOTAPE)

CASAREZ: We are still talking about the babysitter accused of butchering the children in her care, and a trial five years in the making. Yoselyn

Ortega`s defense told the jury today that she was in a psychotic state while prosecutors are trying to put her in prison for life. They argued

this was the result of a tragic, a tragic long and bitter grudge. Still with us, CNN Producer Lawrence Crook who was in court today. You know,

Lawrence, so many families have babysitters, and this was a baby-sitter that was close to the family for two years. She had helped this family and

helped the children. You had said, Lawrence, that today was the first time you learned this, that the mother, Marina, was in the same room and able to

look at the babysitter defendant. What was that like? What did you see?

CROOK: You`re right. Not only was this the babysitter they considered her family, and this is the first time she had seen her since that tragic day.

And she made every effort she could to stare her down to the point where she was knocking into the prosecution table. She would not break eye

contact with her. And of course, Ortega sitting at the defense table would not return that eye contact. She got up to the witness stand. Had trouble

finding a seat. And just was very emotional, shaking uncontrollably.

[19:50:06] There`s a mixture of laughing and crying. It was -- it was obviously a difficult situation for her. Again, the jurors started crying

when they saw that. I even had a tear come down my eye. It just is unimaginable for a parent to have to go through this and sit in court but

the strength that she found to get through it was very admirable. She really wanted -- she even adjusted her seat on the witness stand so she

could get a good look at her. And she didn`t break eye contact with her. She wanted her to see that she was strong, she was going to get through

this, and was very inspiring. But it was a difficult situation for her, obviously. At one point, she had to take a break and then put her head in

her hands. And just -- she had a little trouble getting through it but it`s understandable given the situation.

CASAREZ: And you know, Lawrence, I`ll tell you something, that testimony now sets the stage for this trial. It`s important for an evidentiary reason

because she can establish who the defendant is, establish the identity of her children, the victims, but it sets the emotional stage as well as the

legal stage for this trial. Rachel, this mental defect, the insanity defense, this is what the defense is reporting. We want to tell everybody

that the husband of Marina was away on business in San Francisco. He was on a plane coming home and had no idea what had happened to his two children.

Detectives met him at JFK Airport, took him to their home, and that`s when he discovered it but --

KUGEL: It`s unimaginable. It`s unimaginable. And what I want to bring up, too, is, you know, talking about how difficult this trial was and how this

mother had to summon the strength to get through it. This trial could have been avoided because there was actually an offer in this case early on, a

while ago, where this defendant could have pled guilty and the judge actually offered to essentially undercut or offer less than what the state

was offering and it was a 30 year to life sentence, which is the minimum that would have been possible. That was over the prosecutor`s objection,

but you know, I think wisely in an attempt to avoid a heart-wrenching, gut- wrenching trial for this family for jurors, potentially for everyone involved. And this defendant didn`t accept that and instead wanted to put

forward this insanity defense and go through a trial which in and of itself is a whole other shock to this family all over again.

CASAREZ: Can you imagine autopsy photos and photos from that bathroom? The jury having to look at that? That`s evidence.

KUGEL: I can`t have any of it. I can`t -- you know, I`m -- we were talking about it. I`m a New York mom, and you know, I remember when this happened,

and it literally shocked the city and changed how people hire, you know, home workers in their home. It just -- it shocked the city and it continues

to. And you know, not guilty by reason of insanity is extremely difficult to win on.

CASAREZ: Right. And it always means they can get out, too. "ONE MORE THING" for you tonight, do you live in one of the safest or least safe states in

the United States? Details up next.

[19:55:00] (COMMERCIAL BREAK)

CASAREZ: In two weeks, we begin a new season of "CNN HEROES," everyday people changing the world, but where do we find these amazing individuals?

It begins with you. Today, we want you to meet a woman who successfully nominated her personal hero to be a CNN Hero.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I met (INAUDIBLE) at the county correction facility. It was through her love and her support that really helped me regain my

life.

UNIDENTIFIED FEMALE: Hi, how are you. I`m happily a CNN Hero thanks to Juliana`s brave recommendation of my credentials.

UNIDENTIFIED FEMALE: I was like, oh, my goodness, for everything that she`s done for me, I did something for her that no one else did, you know? So, it

felt really good.

(END VIDEO CLIP)

CASAREZ: If you know someone who deserves to be a CNN Hero, please nominate them right now at cnnheroes.com.

And finally, "ONE MORE THING" for you tonight, how safe is the state you live in? According to U.S. News & World Report Maine topped the list with

the lowest violent crime rate in the country. Vermont, New Hampshire, Virginia, and Connecticut rounded out the top five. And at the bottom of

the list, Louisiana, Tennessee, Nevada, New Mexico, and Alaska. Thank you so much for watching us. We`re going to see you back here Monday night at

6:00 Eastern for CRIME & JUSTICE. "FORENSIC FILES" begins right now. Good night, everybody.

END