Judgement Life and Death Row


Judgement

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This programme contains strong language and scenes which some viewers may find disturbing

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RADIO: 'The witnesses are entering the witness room.

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'The condemned has declined to make a last statement.

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'Perspiration is now being wiped from the forehead of the condemned.'

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'On my count of three? One, two, three.'

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CLUNKING

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'The execution is now in progress.

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'He is sitting there with clenched fists.'

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'He's slowly relaxing at this time.'

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-'Death did occur at 12:24. That completes it.

-Smooth job.'

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'OK, we appreciate it. Get us another one.'

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The numbers went from one, two, three, four and it kept climbing.

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OVER PHONE: 'How many people are there? Your dad...?'

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-'My whole family's dead'.

-'OK'.

-'I don't know what to do, man'.

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The only person who had the opportunity and the intent

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and the motive was that man sitting right there.

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"It'll be all right, Grandma," is what he says.

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Well, I'm 22.

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I've not gone through as many life experiences as the others.

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Juror number three.

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I've been in the service, I've been in the military

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and I've worked in all these big industries,

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mechanical and electrical engineer.

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So, you know, I've been all over the place

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and been in a lot of things.

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So it takes all that to know a little something

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about the world besides one little place.

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Juror 32.

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-We are deciding someone's fate.

-Deciding someone's fate.

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I've never been in this situation before,

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so I don't know what to think of it, and also why.

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Who am I to be... Yeah, you know? I just don't know anything about it.

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I don't know why they needed me so bad, you know?

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Juror number four.

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I'm a very religious person.

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If I'm strong enough to stand behind my faith,

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then I'm probably strong enough to stand up

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to anything that may happen in a deliberation room.

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I've never been picked for a jury before. Never even been...

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It all happened so fast.

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When they called my name out the first day

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of the jury selection process,

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I can just remember my heart racing

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and realising that "You're in it now.

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"This is a part of it. This is going to be your life

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"for at least the next week or so,

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"and you're really going to have to make a decision here".

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Juror number eight.

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Juror number 11 in the Guy Heinze Jr trial.

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We have some breaking news tonight

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out of the coastal town of Brunswick, Georgia.

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Police responding to a 911 call have found seven people dead

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inside a mobile home.

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Police aren't saying much

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about what happened inside this mobile home,

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except to say it's where people were found murdered.

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Here's the latest from the chief of police.

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Should people be worried?

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We all need to be worried. I mean, why wouldn't you?

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Until this is solved, of course we need to be worried.

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You have to understand, this is a highly unusual event.

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This one is not what you'd call a typical homicide.

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A very violent death.

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Very violent.

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My impression when I first looked at it

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was that whoever did this...

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..had a lot of rage.

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The most heinous crime we've ever had in the community,

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and I think we all know that, and I think that speaks for itself.

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Police say each of them was beaten with a blunt object.

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I try and stay in, I lock my car.

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It's making me wonder, you know,

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who's walking around who's capable of actually doing this?

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Breaking news out of Georgia where tonight a man is under arrest

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charged with killing eight people.

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This is the suspect, 22-year-old Guy Heinze Jr,

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who now faces eight counts of murder.

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Seven of those victims are related to him.

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'I am absolutely certain, 100%, what happened.

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'I'm absolutely certain how it happened.'

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MUSIC: "Demon Host" by Timber Timbre

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The trial will be starting Tuesday.

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My grandson is accused of mass murder,

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of supposedly killing eight people.

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He has never been a confrontational person.

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I spent a lot of time with him.

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I babysat him while he was little

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while his momma went to nursing school.

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So we were kind of attached. Um...

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I've dated all this.

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I think it shows that they focused on him in the very beginning.

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I think from day one, which this indicates that they arrested him,

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they didn't look any further.

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Most normal, intelligent people would realise

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one person could not possibly beat eight people to death

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and not have marks on him.

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Somebody would have gotten out of there,

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somebody would have attacked him.

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It makes absolutely no sense to me.

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-So have you got clothes to go to court in?

-Mm-hmm.

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What have you got?

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Some button-down shirts and some pants.

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Not very talented at this clothes sorting thing.

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-How many of those will you have, Tyler?

-How many what?

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Things with your clothes in?

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I'm going to have this blue thing,

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this trash bag, and that should be it.

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I'm 20 years old. I live with my grandma.

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I'm the brother, the younger brother of Guy Heinze Jr.

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'Basically, this crazy murder trial going on.

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'My dad and my uncle and my cousins got killed

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'and they got my brother in jail for doing it.'

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POLICE OFFICER: What's your name?

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-Guy.

-G-U-Y?

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'Other people have their crazy stories. This is my crazy story.'

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I am packing stuff in the truck to go to Georgia.

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Um, my brother's trial is about to start,

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and I have to be there with my grandmother,

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so we're going to Georgia for the trial, basically.

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You don't fold clothes very much.

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You certainly couldn't get a job doing that.

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It's got to get stuff in here.

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Just going to have to dewrinkle these in Georgia.

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Basically, I am all they have left, because both parents are dead.

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Guy was 17 when their mom died and Tyler was 11.

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'It was a drug overdose.'

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Wait.

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'Tyler was devastated. I mean, he went everywhere with his mom.

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'He was his momma's pet.'

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It would be smart to hold it by the side

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instead of tearing the plastic with a split in it.

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You know smart's not my forte.

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Well, it's time you got a little bit.

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'I mean, I've already been at the rock bottom place. I can only go up.

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'I mean, I feel like if my brother gets out of jail,

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'that's going to be a boost for me right there

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'and I feel like I can hold him steady and he can hold me steady.'

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I took a lot of pictures.

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This is Guy.

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I like the expression on his face better than anything.

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Looks like he's just gazing up at the heavens.

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I think most of them, Jean took.

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-That's his mom.

-Really?

-Yeah.

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Oh, they look like her. That's Tyler?

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-That's Tyler and Guy.

-Yeah.

-Oh!

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That's Tyler and Guy. Look, that is funny.

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I mean, there's no doubt that they're brothers.

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We have to... I mean, the jury has to see these.

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Yeah. Especially that one.

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Look at this.

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-Cute. That's Guy?

-Yeah.

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'Just the association humanises them,

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'you realise they have hopes, fears, dreams.

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'That's what you want the jury to see. They're real people.

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'Makes it harder to kill them.'

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I'm nervous.

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You know, it's very stressful representing someone

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that you believe did not commit the crime for which they are charged.

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And it's even more stressful knowing that, you know,

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their fate is literally in your hands and the hands of a jury.

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'His entire family has been murdered,

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'and then the State is saying not only

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' "You're the one that killed your entire family",

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' but "We're going to kill you for killing your entire family."

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'I think it was decided by law enforcement'

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within the hour that Guy was the chief and only suspect.

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I know you've been through a hell of a lot in the last hour, OK?

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Unfortunately, you're going to have to go through it again,

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because we've got to find the people that done this.

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You were one of the first ones there.

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You're going to be the person that's going to help us

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figure out what happened, OK?

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I believe I was at home when I got the call.

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The lieutenant who called me, a watch commander,

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they had a homicide case and he said they had multiple victims.

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But he didn't know how many.

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We have four in here.

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'And the numbers went from one, two, three, four and it kept climbing,

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'and he says, "I don't know, I'll have to call you back".'

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So I got dressed. Told the wife, as I usually do with these things,

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"Honey, I got to go to work, don't know when I'll see you again."

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The biggest challenge was

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OK, if one person did this, how can we prove that?

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I realise you was pretty messed up that night.

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Guy, is it possible, with you being high like you were,

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-that you could have done this?

-No, no.

-OK.

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All right.

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'We were convinced he did it and he was alone.

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'I'm still confident of that.

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'But the jury has to make that determination.'

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So there's always a degree of worry,

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because you know that, how a person looks at something,

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they may look at it differently than you.

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Jean, I want you to come up here, if you would, please.

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They've got everything set, they're going to start the trial.

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We need to remember them in prayer.

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Pray...for wisdom...

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..justice,

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and God's will.

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God's the only one that knows the whole story.

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We'll just encircle these families, we'll close in prayer.

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Father, I'll be the first one to tell you

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we don't understand all that goes on.

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But, Lord, I know that you understand.

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And, Father, I just pray this morning,

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for Jean, for Guy, for Tyler.

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Lord, we're praying for truth. We're praying for answers.

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We're praying for your will to be done.

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To your glory, we ask in Jesus' name, Amen.

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I want to thank everybody for their prayers.

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It means a lot.

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Good to see you.

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I hope everything turns out for you.

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I actually am seven and a half hours away from South Georgia.

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How do you two get on?

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-Get along?

-You can't tell?

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SHE LAUGHS

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For the most part, we get along pretty well.

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-He thinks I'm 30 years behind the times.

-Nobody's ever said that.

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Those words have never came out of my mouth.

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You are sitting there, telling a bald-faced black lie.

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You told me I was 30 years behind the times

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when I was trying to tell you how to act like a civilised young man.

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How are you both feeling about the trial at the moment?

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I feel good about it, but still,

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there's always that little niggling doubt, you know, that little...

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Unsettled, not doubt. Unsettled.

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I'm glad for Guy, cos I know

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he's ready to get back out into the world.

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I couldn't imagine what it would be like being in jail for four years

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and not being able to hug anyone or have any friendships.

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RADIO: 'A local man accused of slaughtering his family

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'is finally going on trial four years after the killings.

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'This is a death penalty case.

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'Lawyers have selected the jury panel.

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'Superior Court Judge Stephen Scarlett has ordered all of them

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'to be sequestered throughout the trial,

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'which is expected to last at least two weeks'.

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This is our whole case file.

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This is everything that we've compiled.

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This represents four years of work by the Capital Defender Office

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and a bunch of attorneys and investigators.

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In here and in everybody's head, you know,

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we have what we think we need to be able to save his life.

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Hey, Sam, am I the lead?

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OK, sorry. I wasn't clear, sorry.

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All right.

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'The train is on the track.

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'This is one of the biggest cases ever to occur'

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in the State of Georgia.

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We don't have a whole lot of mass murder situations.

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Unbelievable! Bludgeoned to death. Police say he acted alone.

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Straight after my fantastic expert panel,

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Wendy Murphy, former prosecutor and author of And Justice For Some.

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They have no doubt they got the right guy. I think it's silly

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that his lawyer is saying he wasn't involved. Please!

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Psychologist Belisa Vranich.

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It goes back possibly even generations.

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There must something there that has been bothering him

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and has been brewing, maybe 10, 20, 22 years.

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Forensic pathologist Dr Bill Manion.

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I agree with all the speculation.

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Steve Kardian, former criminal investigator.

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This was fuelled more than likely by drugs, by money,

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by being spurred by a family member, and some sort of event

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occurred in his life that caused that man to go under extreme rage.

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I think there's no question he was enraged.

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You know, duh! All those dead people.

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-This isn't a gun, where you go...

-SHE IMITATES GUNFIRE

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You have to go in, whack, whack, kill, go to the other room,

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-do the same thing. That rage is not just festering.

-Got to wrap it up.

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Thank you to my fantastic panel.

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A call to arms in Puerto Rico,

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a new proposal to breed monkeys for testing and experimentation.

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This is a barbaric ritual in my opinion,

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and we're going to talk about it...

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We want the case concluded.

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Obviously, we want a guilty verdict, but juries make that decision,

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and we deal with it.

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'My first death penalty murder case was a murder by two young men.

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'And I actually went to those two executions.'

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It is an ultimate sentence.

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It ends a person's life,

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and I think if you're there and you see what you do,

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the result of what you've done,

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then that gives you the ability to approach those cases,

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I think, a lot more seriously.

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'I don't keep track of wins and losses.'

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'I have not lost a death penalty case but, at this point,'

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I can't tell you figures. I just don't keep up with them.

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'You know, Guy in the morning, he's going to wake up

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'in Glynn County Detention Center.

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'He's going to wake up in his orange jumpsuit.

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'Then they're going to let him change into his suit

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'and the tie and the jacket.

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'Then they're going to bring him out into the courtroom

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'before the jury's in there, then they'll sit him at the table.'

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They wanted him to wear a suit,

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so I have bought him some suits to wear.

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First men's suits I've ever bought in my entire life.

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First time he ever wore a suit, as a matter of fact.

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All rise for the jury, please.

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They didn't really tell us what might happen

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or what we were going to do.

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They just kind of threw us in there.

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The first impression I had about him was clean cut.

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Person you could walk next to at a grocery store and think nothing of.

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It could be my brother. It could be, you know, my best friend.

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I have a son about his age,

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so it was kind of, that kind of stuff just made it hard for me.

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I wanted to believe that he was innocent, you know.

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I couldn't believe that somebody could do that,

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so just in my, like, heart, you know, I thought "Surely he's innocent".

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What was your first impression of him?

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In my opinion, Guy Heinze Jr

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has a stoned, kind of hollow face.

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No remorse, no feelings.

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He was just for him, you know, and that's what struck me.

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Good afternoon, ladies and gentleman. As the judge said,

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I'm John Johnson. I am a special assistant district attorney,

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I work for...the district attorney, Jackie Johnson.

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The defendant in this case is charged with eight counts of mass murder.

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This evidence is circumstantial evidence and by that I mean

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there is no video tape of what happened inside that trailer.

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'It's like a parent going into a kitchen'

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and seeing cookie crumbs on the counter and the cookie jar's been opened into,

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they didn't witness the crime, there's no evidence,

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no video tape of it and then they see their child, you know,

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in another room standing there with cookie crumbs all over his face.

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That's circumstantial evidence that that child took the cookies

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and ate them and so, you have to prove those individual facts

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to lead you, to lead a jury to the one conclusion

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'that this defendant is the only person who could have done it.'

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Not one person in Glynn County,

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not one person in McIntosh County,

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not one person in Pierce County, Brantley, Charlton,

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not one person's DNA was in that house that the police confirmed,

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except this defendant.

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This defendant,

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in a period of time over two hours, three hours...

0:23:020:23:05

..beat members of his family to death with the barrel end of a shotgun,

0:23:070:23:10

you'd be able to conclude that from the evidence in this case.

0:23:100:23:14

This case actually starts in the middle, because that's when the

0:23:140:23:18

police officers first get called out to Lot 147, New Hope Trailer Park.

0:23:180:23:24

'You have to drive into the New Hope Trailer Park,

0:23:310:23:33

'you go down a little ways and then, there's a little two-path road

0:23:330:23:36

'that goes off to the right and you cut off between some beautiful

0:23:360:23:40

'oak trees and you come to Lot 147,

0:23:400:23:43

'which is a trailer in that park.'

0:23:430:23:45

At about 8.18, eight o'clock in the morning, Margaret Orlinski was up

0:23:510:23:55

and she sees the defendant in this case drive up through her window,

0:23:550:24:00

drive up to 147, it's about eight o'clock in the morning,

0:24:000:24:04

a little after eight o'clock.

0:24:040:24:06

..the evidence that you give to the court shall be the truth,

0:24:060:24:11

-the whole truth and nothing but the truth?

-I do.

-Take your seat.

0:24:110:24:14

What do you recall?

0:24:210:24:23

I went outside and Guy was out there screaming and yelling,

0:24:230:24:26

saying, "My whole family's dead, my whole family's dead,

0:24:260:24:29

"you've got to call the police, call the police."

0:24:290:24:31

-Did you call 911?

-Yes.

0:24:310:24:34

-And is that you on that call?

-Yes.

0:24:340:24:37

DIALLING TONE

0:24:370:24:39

'What's going on, ma'am?

0:24:390:24:41

'There's ah, Guy has just came home and his whole family is dead,

0:24:410:24:45

'he's pretty hysterical, I can't understand...

0:24:450:24:47

-'I haven't gone over there yet.

-OK.

0:24:470:24:49

'This is, this is Guy, I don't know what his last name is,

0:24:490:24:51

'he, he's freaking out.

0:24:510:24:53

-'Here, here. Talk to this.

-I just got home and my whole family's dead.

0:24:530:24:56

'OK, tell me what's going on, sir.

0:24:560:24:58

'I got, I just got home just now and everybody's dead.

0:24:580:25:01

-'Who?

-My daddy's dead...

0:25:010:25:03

'How many people are there? Your dad, who else is there?

0:25:030:25:05

'My dad, my, my, my uncle and my cousins.

0:25:050:25:10

-'OK.

-It looks like they've been beaten to death, I don't know.

0:25:100:25:13

'I don't know what to do, man.

0:25:130:25:16

'OK. Just stay on the line with me, OK?

0:25:160:25:20

'I got to call my brother, I got to call my brother.

0:25:200:25:23

'OK, well, you need to stay on the phone with us.

0:25:230:25:25

'I got to tell him his dad's dead, his dad's dead.

0:25:250:25:28

'All right, well, calm down because we've got

0:25:280:25:30

'to figure out what's going on, OK?

0:25:300:25:32

-'Yes, yes.

-You've got to move, buddy.'

0:25:320:25:34

'I didn't like it.'

0:25:360:25:38

I felt uncomfortable listening to it. It was heartbreaking almost.

0:25:380:25:43

'Where is my dad?'

0:25:430:25:45

'It felt like it was genuine, I felt there was a lot of grief,'

0:25:480:25:51

I felt like, "Wow, this guy has just found his family murdered,"

0:25:510:25:56

so I felt, er, I felt that was very strong in his favour.

0:25:560:26:00

'When you came in the house, what did the house look like?

0:26:000:26:03

'It looks like a fucking murder scene!'

0:26:030:26:07

He was kind of, a, kind of smart aleck...

0:26:070:26:12

towards the operator, who was obviously trying to figure out

0:26:120:26:17

what was going on and he was, he snapped back.

0:26:170:26:21

When I made my way through the house,

0:26:480:26:51

it appeared that everyone had been shot, erm...

0:26:510:26:56

that was my first take on it when I checked on everyone inside.

0:26:560:27:00

So what did you ask him?

0:27:080:27:10

Er, if there was any guns in the house, not sure if whoever had

0:27:100:27:14

done this had found them, had used one of them or anything like that.

0:27:140:27:18

And what was his response to you at that time?

0:27:180:27:21

Er, he told me about two shotguns that were inside the house.

0:27:210:27:24

What did he say?

0:27:240:27:26

Er, there's a 20-gauge pump shotgun and a 16-gauge single-shot shotgun.

0:27:260:27:31

He told me that the 16-gauge was in the trunk of his Mercury Coupe.

0:27:330:27:38

Where did he say he had gotten that from?

0:27:380:27:40

Er, the bedroom.

0:27:400:27:42

And did he tell you why he did that?

0:27:420:27:43

His words were that it was hot, meaning stolen.

0:27:430:27:48

Did you know where the 16-gauge shotgun is?

0:27:590:28:03

There was supposed to be two weapons.

0:28:040:28:07

The butt that of the 20-gauge shotgun

0:28:080:28:11

is at the head of Russell Toler Senior,

0:28:110:28:14

the barrel is missing.

0:28:140:28:15

The long cylinder, blunt object is not anywhere in the house

0:28:170:28:23

or has not otherwise been found.

0:28:230:28:25

'The weapon that was found missing a barrel, that missing

0:28:270:28:30

'barrel was used to kill everybody, you can at least argue that.

0:28:300:28:33

'And the autopsy doctor is the only person

0:28:330:28:36

'who can present that information.

0:28:360:28:39

'Doctor Donaghue was the person who did all eight autopsies.

0:28:390:28:44

'This is a death penalty case so you have to show er, that the,

0:28:440:28:48

'that really this was an outrageous type killing.'

0:28:480:28:51

Do you have a preference as to where we start?

0:28:510:28:53

I have no preference.

0:28:530:28:55

'Going into the trial, I felt that there would probably be

0:28:560:28:59

'some things that I might see or I might hear

0:28:590:29:02

'that could be a little bit disturbing.'

0:29:020:29:05

It was definitely extremely graphic erm,

0:29:050:29:08

I'll tell you what I tried to do during that time is

0:29:080:29:11

try to think of the pictures that I was seeing as not real people

0:29:110:29:16

and I know that sounds strange, because they are real people.

0:29:160:29:19

Who all lived in that trailer?

0:29:190:29:22

OK, there's me, my dad,

0:29:220:29:26

my uncle,

0:29:260:29:28

my cousin Michael,

0:29:280:29:30

my cousin Russell Junior,

0:29:300:29:33

my cousin Michelle,

0:29:330:29:35

my cousin Chrissie,

0:29:350:29:37

her boyfriend Joe and Brenda, my aunt Brenda.

0:29:370:29:44

-Brenda's your aunt?

-Yeah.

0:29:440:29:46

Did you have an occasion to perform

0:29:460:29:49

an autopsy on Brenda Falagan?

0:29:490:29:51

Yes, I did.

0:29:510:29:53

38 evidences of external injury.

0:29:530:29:57

-Sorry, how many?

-38.

0:29:570:29:59

Can we have these lights turned off, please?

0:29:590:30:02

On the left margin of the tongue,

0:30:060:30:08

there was a laceration with haemorrhage,

0:30:080:30:10

this is frequently due to blows to the jaw

0:30:100:30:13

that trapped the tongue between the teeth.

0:30:130:30:15

Pretty gruesome, very gruesome, very gruesome.

0:30:170:30:21

And I've seen, that's worse than what I've seen them

0:30:210:30:24

even in the military.

0:30:240:30:26

On the thenar eminence of the palm of the left hand,

0:30:260:30:29

there was a slanting laceration, these injuries on the hands maybe

0:30:290:30:33

her raising her hand to defend herself.

0:30:330:30:35

'It showed maybe too much of a person, but you had to show it'

0:30:370:30:42

to realise what happened, you know, what went on.

0:30:420:30:46

Er, there were 48 injuries on the external

0:30:460:30:49

surface of the body of Michelle Toler.

0:30:490:30:52

Sir, could you detail those for us, please?

0:30:520:30:54

The body was that of a young white female weighing 115 pounds and

0:30:540:30:59

appeared the stated age of 15 years.

0:30:590:31:03

On the proximal phalanx of the anterior right index finger,

0:31:030:31:07

there is erm...a laceration, zero point two inches,

0:31:070:31:11

the fourth and fifth left metacarpal bones of the hand this area,

0:31:110:31:17

the underlying bones were fractured, the metacarpal bones.

0:31:170:31:21

As far as her mouth and teeth are concerned,

0:31:210:31:24

can you describe what you observed?

0:31:240:31:27

Many, many interior teeth are fractured and loose.

0:31:270:31:30

We couldn't turn this off or just change the channel if we were scared

0:31:320:31:38

of something we were seeing, we had to sit there and face our fear

0:31:380:31:42

and actually see the actual pictures and the what, this was real life,

0:31:420:31:48

this had, you know, it happened down the street

0:31:480:31:50

from where my, my grandparents live.

0:31:500:31:53

Let's talk about the injuries to Mr Toler's head and face.

0:31:530:31:56

All right, in this case, there were 36 evidences of injury.

0:31:560:31:59

There are multiple comminuted skull fractures.

0:31:590:32:03

Again, the skull is broken into multiple pieces.

0:32:030:32:06

-On each different victim...

-They were similar.

0:32:060:32:09

..they were all very similar injuries.

0:32:090:32:11

'And to have to listen to it over and over and over for...'

0:32:110:32:16

through eight of them.

0:32:160:32:17

I think it took two days to listen to all of it.

0:32:190:32:21

Yeah, it did take two days to listen to all the injuries.

0:32:210:32:24

Mr Toler Senior died of cranial cerebral injuries,

0:32:240:32:28

injuries to the skull and brain due to blunt trauma.

0:32:280:32:31

Mr Toler Junior died of cranial cerebral injuries to the skull.

0:32:310:32:36

Chrissy Toler died of cranial cerebral injuries

0:32:360:32:39

due to blunt trauma.

0:32:390:32:40

Did you have an occasion to perform an autopsy on Guy Heinze Senior?

0:32:400:32:45

Er, yes, I did.

0:32:450:32:46

There were 22 evidences of external injury.

0:32:480:32:51

There were 17 internal injuries,

0:32:510:32:54

there was extensive fractures

0:32:540:32:56

of the right side of the skull from the front...

0:32:560:32:59

'Most of the time, when there were pictures around his father,'

0:32:590:33:03

Mr Heinze would look down erm, he couldn't look at things er,

0:33:030:33:07

they obviously affected him emotionally and,

0:33:070:33:10

and you could see that emotion on him.

0:33:100:33:12

'He was without a father, er...I felt compassion for, for Mr Heinze.'

0:33:120:33:16

There were multiple basal skull fractures.

0:33:160:33:19

This is significant because these take a tremendous

0:33:190:33:22

amount of force to create and the skull becomes deformed.

0:33:220:33:26

Because you usually only see these kinds of injuries

0:33:260:33:28

in an automobile accidents or when people fall out of buildings.

0:33:280:33:32

I kept watching him and he wasn't looking up,

0:33:330:33:38

he looked down, so I felt like, "Well, he's avoiding looking at it

0:33:380:33:42

"and that way he's not going to show any emotion."

0:33:420:33:45

I just wish he would have at least paid attention or watched.

0:33:450:33:49

A matter of fact, he just hang his head down

0:33:490:33:51

and grinned a little bit, you know it's, he didn't say nothing.

0:33:510:33:55

I just thought that maybe it was like because it happened

0:33:550:33:58

-so long ago maybe he just kind of...

-Had coped with it.

0:33:580:34:01

Yeah, he, that's how he learned to cope and maybe he had already

0:34:010:34:04

got out his anger or hurt or frustration, you know, whatever out.

0:34:040:34:09

Are you able to say whether or not the injuries as to

0:34:120:34:15

each of these eight people are consistent one with the other?

0:34:150:34:19

Yes, they are.

0:34:190:34:21

Are they consistent with the barrel of a gun?

0:34:210:34:24

The barrel, the barrel of the gun is...certainly fits the pattern here.

0:34:240:34:28

Are you aware of a situation where one person has killed eight or nine people?

0:34:280:34:32

Yes. I, in 1887, a man by the name

0:34:320:34:35

of Tom Woolfolk killed his entire family,

0:34:350:34:39

his father, his stepmother, six siblings and an aunt...with an axe.

0:34:390:34:45

Thank you. Your witness.

0:34:450:34:47

If I had to ask you if you know of an incident that's comparable

0:34:470:34:52

to the killing of eight people in a single mobile home

0:34:520:34:56

with nobody tied up,

0:34:560:34:59

with four people in one bedroom, two in another, two in the den,

0:34:590:35:02

your answer would be no, you know of no comparable case.

0:35:020:35:06

That's correct.

0:35:060:35:07

OK. I just wanted to be clear.

0:35:070:35:09

-You're released, Doctor, thank you so much.

-Thank you.

-Have a good day.

0:35:090:35:13

You didn't even eat your sandwich.

0:35:230:35:26

Looking at them autopsy photos and I thought about my dad

0:35:260:35:29

and my uncle in them,

0:35:290:35:31

in a million years I would never expected that would be their legacy.

0:35:310:35:34

That's how people will remember them, people will remember them

0:35:340:35:37

as the people who got killed in that trailer in New Hope.

0:35:370:35:39

They won't remember any of the good things they've done in their life,

0:35:390:35:42

all they will remember is those are the people that got beat to death

0:35:420:35:45

in that trailer in New Hope and that's their legacy, that's their life story.

0:35:450:35:49

That's the stamp that's been placed on their life.

0:35:490:35:51

I don't want that to be my stamp.

0:35:510:35:53

I don't want this to be, "Aw, that's that kid whose brother "got accused of killing his family."

0:35:530:35:58

I don't want that to be my stamp.

0:35:580:36:00

I want my stamp on life to mean something more than that.

0:36:000:36:03

'Prosecution said that an angry Heinze spent two to three

0:36:130:36:16

'hours beating his family one at a time with the barrel of a shot gun,

0:36:160:36:21

'but his defence says that's just not the case.

0:36:210:36:24

'Testimony continues tomorrow.'

0:36:240:36:26

This is not a case where we're arguing something we don't believe.

0:36:290:36:33

You know, the evidence just isn't there and we're going to point

0:36:360:36:40

that out to the jury and we're going to try to get them to understand

0:36:400:36:43

the reason evidence is not there is because Guy didn't do it.

0:36:430:36:47

Nothing compares to this crime scene.

0:36:500:36:53

'And we want the jury to be thinking - how in the heck,

0:36:550:36:59

'could one person have done this?'

0:36:590:37:02

Could you state your name for the record, please?

0:37:110:37:13

My name is Michael Knox.

0:37:130:37:15

I'm actually a forensic consultant,

0:37:150:37:18

I have my own business where I er, consult about crime scenes

0:37:180:37:21

and traffic accidents and things like that.

0:37:210:37:24

'From a stand point of physical evidence this is, there's none,'

0:37:240:37:28

there's not that there's not much or there's only a little,

0:37:280:37:31

there's nothing that,

0:37:310:37:33

that puts him in that scene at the time of the murders that happened,

0:37:330:37:36

so you have really no physical evidence at all

0:37:360:37:38

to tie him to these crimes.

0:37:380:37:42

I think we got this case what, January 2012, and it took us a good

0:37:420:37:47

four or five months before we really understood what was occurring here.

0:37:470:37:51

What we find with a lot of police departments is that they're actually

0:37:510:37:54

just almost sightseers,

0:37:540:37:56

they're coming in here and they're picking up

0:37:560:37:59

what they can see but they're not really searching for that hidden evidence

0:37:590:38:02

and there's a lot of hidden evidence here that was overlooked.

0:38:020:38:05

One of the biggest things that we saw out of this was the fact

0:38:050:38:07

that it was very clear that this was not carried out by one person alone.

0:38:070:38:11

This is where er...Russell Toler Senior came to final rest,

0:38:130:38:18

this is where he was finally killed.

0:38:180:38:20

Russell Toler Senior, he resisted quite a bit and moved around through

0:38:210:38:26

that bedroom a significant amount and there's blood splatter

0:38:260:38:30

there that shows him getting attacked from two different sides.

0:38:300:38:34

There's directions of force here that are different,

0:38:340:38:38

this spatter indicates that he's being beaten pretty much

0:38:380:38:42

straight down over his head,

0:38:420:38:44

but we have spatter from this side

0:38:440:38:46

that has a directional force coming this way.

0:38:460:38:49

So either the one person that's attacking him

0:38:500:38:53

is running around and getting him from different sides

0:38:530:38:56

or the more likely answer is you have at least two people there.

0:38:560:39:00

This is, er, the middle bedroom where Brenda Falagan was killed.

0:39:000:39:03

She was killed in bed as she's sleeping,

0:39:060:39:08

but you notice that there's no blood spatter, there's no impact

0:39:080:39:11

spatter on this wall to her left side or on the wall above her head.

0:39:110:39:16

The reason for that is that this pillow was over her face while

0:39:160:39:21

she's beaten, which of course, requires that you're striking

0:39:210:39:25

her with one hand while holding the pillow with your other hand,

0:39:250:39:29

but she also has transfer blood on her left arm.

0:39:290:39:35

If you look here, at her left wrist,

0:39:350:39:38

you can clearly see transfer blood in the shape of fingers,

0:39:380:39:42

so now you have a scenario where a person has to be trying

0:39:420:39:46

to hold her arm down,

0:39:460:39:48

cover her face and inflict injuries, all at the same time.

0:39:480:39:53

'I don't know much about that kind of field'

0:39:550:39:58

and so, it was almost like he was like a teacher.

0:39:580:40:02

Russell Toler Junior, there's evidence of him

0:40:020:40:05

being grabbed by his ankles, you can see a handprint in blood,

0:40:050:40:09

somebody's got him by the legs, pulling on his legs,

0:40:090:40:12

this is occurring, he's also getting beaten, er, which is again

0:40:120:40:15

indicators that this is multiple people doing this, not one person.

0:40:150:40:19

It's definitely difficult to see that many people beat

0:40:190:40:23

in the situation that they were and think that one person could do it.

0:40:230:40:28

How many perpetrators in total would have been involved in the murders?

0:40:280:40:33

I would say that you're looking at probably a number around five

0:40:330:40:38

that would have taken in order to carry this out.

0:40:380:40:40

That, that's your analysis, that's your opinion, right?

0:40:400:40:43

-Yes, yes...

-Based on your...?

0:40:430:40:45

Based upon all my knowledge, experience and training education in this area, yes.

0:40:450:40:49

'This is the crime scene of your career, this is not the kind of

0:40:490:40:53

'crime scene that you do the best you can do on, this is the one where you

0:40:530:40:56

'get the very best crime scene people you can find wherever you have

0:40:560:40:59

'to get them from'

0:40:590:41:00

in order to manage this crime scene, erm, and instead,

0:41:000:41:04

there's just so much stuff that was done wrong, evidence that's missed.

0:41:040:41:08

All of these bodies should have been processed for finger prints

0:41:080:41:11

and they weren't, so that evidence is lost forever.

0:41:110:41:14

There is some clothing in, in one of the bathrooms

0:41:160:41:19

that had dripped blood on it

0:41:190:41:22

that they photographed.

0:41:220:41:24

But they never collected any of it

0:41:240:41:26

and the fact is that none of the victims were ever in that bathroom.

0:41:260:41:30

If it's not Guy Heinze's DNA, then there's somebody else out there

0:41:300:41:35

that's involved in this crime and that was never even looked at,

0:41:350:41:38

they never even collected it, much less tested any of it.

0:41:380:41:42

If I decide a theory and I say this is my theory of what happened and

0:41:420:41:47

I've got that theory planted in my mind when I get started, my tendency

0:41:470:41:51

is going to be to seek out evidence that tends to prove my theory.

0:41:510:41:57

And it's going to tend,

0:41:570:41:58

I'm going to look for things that tend to establish that I'm right

0:41:580:42:01

and I'm going to tend to ignore thing that...which show that I'm wrong.

0:42:010:42:05

So basically, what you're saying is

0:42:050:42:06

that the Glynn County Police Department have,

0:42:060:42:09

hasn't got enough sense to handle...

0:42:090:42:10

No, it's, you're, it's not about having sense to do it, it's about

0:42:100:42:14

having experience, I mean it'll be like you standing up here and

0:42:140:42:17

trying this case, if you were a brand-new attorney and never tried a case

0:42:170:42:20

before, you wouldn't be standing here trying a case of this magnitude.

0:42:200:42:24

I guess it depends on how good I am.

0:42:250:42:28

Ladies and gentleman, that's it for today.

0:42:300:42:32

We'll see you at 8.15 in the morning.

0:42:320:42:35

I think the case is already falling apart and they know it,

0:42:410:42:44

they know it.

0:42:440:42:46

Well, Mike you have done a fantastic job so far.

0:42:460:42:48

I mean I don't know.

0:42:480:42:50

That's how I'm reading the jury right now is that we've got them

0:42:500:42:54

on the police fucked up this investigation and don't give

0:42:540:42:57

a shit about Guy's rights and they're disgusted with Glynn County.

0:42:570:43:01

Come up!

0:43:070:43:08

'Heinze is accused of committing one of the worst mass

0:43:100:43:13

'murders in state history.

0:43:130:43:15

'Heinze faces the death penalty if convicted.

0:43:150:43:17

'Testimony resumes in the morning.'

0:43:170:43:20

Come on here!

0:43:220:43:24

'Where's Tyler been staying?

0:43:300:43:32

'He's been staying with his friend across town,

0:43:320:43:36

'sort of, I guess my direction might be a little off.'

0:43:360:43:40

He's been OK except for yesterday,

0:43:400:43:42

he got upset when they was discussing his dad and his,

0:43:420:43:47

the expert witness was discussing how he was beat.

0:43:470:43:51

You've got to just be strong, you know, I mean my grandma...

0:43:590:44:02

I have to be strong for my grandma because she,

0:44:020:44:05

she puts on a hard face and a smile, but there's a lot of emotion

0:44:050:44:10

in there and she's, she's easily brought to an emotional state.

0:44:100:44:14

I mean, we've had downs and we have ups, but no matter what,

0:44:140:44:17

we have to keep that relationship for the rest of her life or my life.

0:44:170:44:21

And I mean, I'm just going to have to do what I have to do

0:44:210:44:23

to make that possible.

0:44:230:44:25

Just being mature around her and prove to her that

0:44:250:44:29

I am capable of growing up and doing better than what she knows me to do.

0:44:290:44:34

He has no family left, I think all he has left is his grandma

0:44:350:44:38

and his brother, you know, and if his brother gets convicted,

0:44:380:44:41

he don't have his brother any more.

0:44:410:44:43

He's had a tough life, I believe he,

0:44:430:44:46

he has some good coming his way soon.

0:44:460:44:48

Hopefully, it's his brother, it starts with his brother.

0:44:480:44:52

'It's Monday October 21st, good morning, everyone,

0:44:560:44:59

-'I'm Kim Getsby.

-And I'm Dave Kartun and we're set to begin week

0:44:590:45:02

'two of the Guy Heinze murder trial this morning in Glynn County.

0:45:020:45:06

'Let's talk motive. Days before he was murdered, the suspect's dad

0:45:100:45:14

'told his family he had just won a 25,000 settlement,

0:45:140:45:18

'my feeling is when you have that level of rage directed

0:45:180:45:22

'at family members, that's personal. Everybody debate the issue,

0:45:220:45:25

'I want to know what you think.

0:45:250:45:27

'There is something going on there

0:45:270:45:29

'and I'm going to say this as a complete guess.

0:45:290:45:32

'I bet that either he owes them money or they owe him money

0:45:320:45:34

'for whatever drug dealing was going on there and either they...'

0:45:340:45:37

'No clear motive was ever established

0:45:370:45:39

'but the prosecutor suggested that drugs...'

0:45:390:45:41

'A clear motive has yet to have been identified,

0:45:410:45:44

'Heinze has of course pleaded not guilty to all charges.'

0:45:440:45:48

Do you have occasions to discuss with Guy Heinze Junior

0:45:480:45:52

any issues that he might have had with his father having money

0:45:520:45:58

and not spending it the way he wanted it spent?

0:45:580:46:00

-Yes.

-Tell us about that.

0:46:000:46:02

He came to me and he was talking about the money thing,

0:46:020:46:06

he said that, erm, his daddy was going to give money

0:46:060:46:09

to Joe for a swimming pool and Rusty for a trailer

0:46:090:46:15

and he said, "Man, my daddy ain't never done nothing for me and my brother,

0:46:150:46:19

"man, I'm going to kill him, I'm going to kill them all."

0:46:190:46:21

I said, "Hey, man, you can't be doing that, man."

0:46:210:46:24

You know, there are people who will say, "Oh, I'm just going to kill them people," and, and it means nothing,

0:46:240:46:28

-was that the way it was said in this case?

-No, er...

0:46:280:46:31

-If you want proceed with cross examination, Mr Hamilton.

-Thank you.

0:46:340:46:37

Mr Parker, if I understand, it was June, July or August

0:46:370:46:41

when Mr Heinze started telling you about killing his family, right?

0:46:410:46:47

He told me twice.

0:46:470:46:49

-During that time frame?

-Right.

0:46:490:46:51

-August 2009, correct?

-Right.

0:46:510:46:54

Would it surprise you

0:46:550:46:57

if I told you that his last day of employment was in September of 2008?

0:46:570:47:05

Maybe, I don't know.

0:47:080:47:09

Why did you wait for a year to call law enforcement?

0:47:090:47:15

No, no, no, no, no.

0:47:150:47:17

The truth of the matter is as you did hear about this crime,

0:47:170:47:21

you saw it on TV and you read it in the paper, right?

0:47:210:47:23

Everybody seen it on the news and read it in the paper...

0:47:230:47:26

Including you.

0:47:260:47:28

It was a sensational crime and you saw an opportunity to sit in

0:47:280:47:31

that witness stand and grab your 15 minutes of fame, isn't that right?

0:47:310:47:34

I don't need fame, buddy, I'm a minister

0:47:340:47:37

so therefore, I don't need that.

0:47:370:47:38

Where are you a minister, sir?

0:47:380:47:40

I travel. I speak down in Florida,

0:47:400:47:44

southern North Georgia.

0:47:440:47:46

-So you represent yourself as a man of God?

-Yes, I do.

0:47:460:47:49

What do you think about taking the oath, sir,

0:47:490:47:52

-and raising your right hand?

-At this point, I'm going to object.

0:47:520:47:55

He's being argumentative with this witness, he's saying things

0:47:550:47:58

that are improper and unprofessional to say in this court room and...

0:47:580:48:01

Withdrawn, Your Honour.

0:48:010:48:02

I object to him stating a fact.

0:48:020:48:06

'The attorney had kind of gone at him to get him flustered.'

0:48:090:48:12

I kind of thought it was a good tactic.

0:48:120:48:15

And he got the witness flustered.

0:48:150:48:17

Yeah, and got me flustered.

0:48:170:48:19

Yeah.

0:48:190:48:21

Right, sir, you can stand down.

0:48:210:48:22

'The witness said Guy wanted to kill his whole family

0:48:350:48:38

'and it's just a figure of speech,'

0:48:380:48:40

people say that all the time

0:48:400:48:42

but now everything he's ever done in his life is being scrutinised,

0:48:420:48:45

every comment he ever made when he was frustrated or angry

0:48:450:48:49

and all that takes on like this totally new meaning.

0:48:490:48:52

I mean, I was mad at the DA the other day

0:48:520:48:55

and I said I was going to stab him in the face with my pen

0:48:550:48:58

and I thought, "OK, I guess I'm going to be charged with murder now."

0:48:580:49:01

Um...

0:49:010:49:03

I know my life wouldn't stand up to that kind of scrutiny.

0:49:040:49:08

-I do believe he's guilty.

-What makes you think he's guilty?

0:49:150:49:20

Cos he's a crackhead. That's what crackheads do.

0:49:200:49:23

I heard he killed his whole family. He was on drugs.

0:49:230:49:27

It's a far-fetched story. The police didn't do the right work,

0:49:270:49:31

so far, what they say on the news, anyway.

0:49:310:49:33

Personally, I think they've got the right man.

0:49:330:49:36

I think it's pretty...

0:49:360:49:38

pretty clear cut.

0:49:380:49:41

'How important is an alibi?

0:49:460:49:48

'Extremely important I, I feel in a case.'

0:49:480:49:51

I was waiting for some type of reason of why he wouldn't have done it.

0:49:510:49:55

OK, to Barrington Park?

0:50:100:50:12

Yeah, Barrington Park.

0:50:120:50:14

Right.

0:50:340:50:35

Can you tell us your name, please?

0:50:440:50:45

Thomas L Williams.

0:50:450:50:46

Night of the 28th, morning of the 29th 2009,

0:50:460:50:50

where were you living at the time?

0:50:500:50:52

I was living at Barrington Park.

0:50:520:50:55

Down on the Old Mahole River on McIntosh County side.

0:50:550:50:59

Who was living there with you?

0:50:590:51:00

My wife.

0:51:000:51:02

OK. And what were you all living in?

0:51:020:51:03

-A camper.

-OK, and how many roads are there into Barrington Park?

0:51:030:51:07

I think, but one road.

0:51:070:51:10

-OK, dirt road?

-Yes, ma'am.

0:51:100:51:12

OK. And where was your camper?

0:51:120:51:15

Behind some trash cans right there, right when you come in the park.

0:51:150:51:18

OK. So if a person's coming in on the one road in,

0:51:180:51:21

-would they see your camper?

-Yes, ma'am.

0:51:210:51:23

And you didn't see no other vehicles there or anything?

0:51:290:51:32

'He had gone to Barrington Park, he had stayed there for several hours.

0:51:360:51:41

'The defendant says he had seen no-one there.'

0:51:410:51:44

Was there anybody else at the park that night?

0:51:440:51:47

Yes, ma'am, there was some people camping about here,

0:51:470:51:50

some people camped out here and some people camped out here,

0:51:500:51:53

at that end of the park.

0:51:530:51:55

Was that the time frame in which he was killing his family erm,

0:51:550:51:59

or arguing with them or, or doing whatever he did?

0:51:590:52:01

That park is approximately eight acres.

0:52:010:52:04

Yeah. Somebody could get out and hide.

0:52:040:52:06

But that's as far as looking across the park,

0:52:060:52:10

you can see everything in the park.

0:52:100:52:12

You're certainly not in a position to say

0:52:120:52:15

what somebody saw or did not see that night, are you?

0:52:150:52:18

No.

0:52:180:52:20

They are drilling it into our heads this one way,

0:52:200:52:22

and the other side is drilling it into our heads this way.

0:52:220:52:25

-Constantly, all day long...

-Just like a whirlwind.

0:52:250:52:28

..entered through here,

0:52:280:52:29

we passed by the first victim right here.

0:52:290:52:34

You want to fall asleep, being so tired.

0:52:340:52:38

This is like... You start early that morning, getting up

0:52:380:52:41

at five o'clock - we do - and we take a shower, get into the van

0:52:410:52:46

and escorted.

0:52:460:52:49

And then could leave there eight o'clock at night,

0:52:490:52:52

go get something to eat and back to bed.

0:52:520:52:54

That's for two weeks.

0:52:540:52:56

This is Michelle.

0:52:560:52:59

You're dealing with a lot of emotions and stress that

0:52:590:53:02

you're not used to dealing with in your life.

0:53:020:53:04

Unless you've been on a jury,

0:53:040:53:06

I don't think you can ever imagine

0:53:060:53:08

the stress that is there.

0:53:080:53:10

When we got back to the hotel,

0:53:100:53:12

which was late, every night about 9.30,

0:53:120:53:14

I would read a book just to take my mind off of everything.

0:53:140:53:19

That's the only way I slept.

0:53:190:53:22

There's many nights that I just sat there and stared.

0:53:220:53:26

'Today, jurors will hear final evidence in the trial

0:53:280:53:31

'of a South Georgia man accused of killing...'

0:53:310:53:33

'Guy Heinze Jr could be sentenced to death if he's found guilty...'

0:53:330:53:37

All right. Er...what are those?

0:53:390:53:41

Erm, these are a pair of khaki shorts, I've describe them, um...

0:53:410:53:46

'When we get to the crime scene, he's wearing those shorts.

0:53:460:53:50

'Underneath, he was wearing silver and black gym shorts what was found

0:53:520:53:57

'was the blood of three different people from that house.

0:53:570:54:01

'There was a big stain from one of the girls,'

0:54:010:54:04

so you know, how does that blood get there, is an argument you can make.

0:54:040:54:08

If he's not there when the killings are,

0:54:080:54:10

have occurred, how does the blood from one of the girls get on there

0:54:100:54:13

when he's wearing pants over those clothes when the police get there?

0:54:130:54:18

Here's the blood.

0:54:180:54:19

Chrissy Toler's blood.

0:54:210:54:23

He wears these all day long, all night long,

0:54:250:54:29

this is his underwear, everything else gets changed but this.

0:54:290:54:33

OK.

0:54:500:54:51

OK.

0:54:530:54:54

The testimony and showing the blood on the shorts

0:54:590:55:02

was the state's strongest piece of evidence

0:55:020:55:06

that supported their theory that he

0:55:060:55:09

killed the family, disposed of all these other bloody clothes

0:55:090:55:12

he would have had to have been wearing,

0:55:120:55:15

he cleaned himself up, but he had forgotten to get rid of this

0:55:150:55:18

one pair of shorts that still had blood on them.

0:55:180:55:22

I think the state wanted the shorts to be their smoking gun evidence,

0:55:220:55:25

I don't think it, it rose to that level, I think it cast a suspicion.

0:55:250:55:31

All of us wanted to be able to just put this nice little puzzle

0:55:340:55:38

together and piece it together and say, "OK, this is exactly how it happened," but you couldn't.

0:55:380:55:42

That's a perfect world.

0:55:420:55:44

If they fit together like a puzzle so perfect,

0:55:440:55:46

they wouldn't have needed us as a jury.

0:55:460:55:48

The evidence is closed,

0:55:480:55:50

we are now ready to proceed with closing arguments.

0:55:500:55:54

It's their job to convince me during the closing arguments.

0:55:540:55:58

They're lawyers, their job is to convince, for the defence,

0:55:580:56:01

they just want to convince me just a one little smidgen that it,

0:56:010:56:05

that he might not be guilty, could it be possible that he's not guilty?

0:56:050:56:08

And that's all they've got do, that's all they've got to prove to me.

0:56:080:56:11

On the other side, the prosecution has to convince me

0:56:110:56:14

and has to make me 100% sure that there is no, no other way

0:56:140:56:19

than for him to be involved in this crime.

0:56:190:56:22

He's hollering that his family has been beaten to death,

0:56:220:56:26

police officers, they went in the house and thought that they had been shot.

0:56:260:56:30

Out of his mouth.

0:56:320:56:35

He was hollering it over the telephone to the 911 operator.

0:56:350:56:38

'Can you tell what, how they were, how they were killed?

0:56:380:56:42

-'It looks like they've been beaten to death, I don't know, man.

-OK.'

0:56:420:56:45

"My family's been beaten to death."

0:56:450:56:49

Don't presume anything.

0:56:490:56:50

You heard his voice on that 911 tape,

0:56:520:56:56

you heard how he sounded, you heard the desperation in his voice.

0:56:560:57:01

'How many people are there? Your dad, who else is there?

0:57:010:57:03

'My dad, my, my, my uncle,

0:57:030:57:06

-'my cousins, I don't know what to do, man!

-OK.'

0:57:060:57:12

He was so traumatised, defence wants you to believe,

0:57:120:57:16

and yet he had enough in his mind to go in the house,

0:57:160:57:21

go in the master bedroom, step across Russell Toler Senior

0:57:210:57:27

and all this blood, get a shotgun out of the closet

0:57:270:57:32

and put it in the trunk of his car, why is it in the trunk?

0:57:320:57:36

He says it was stolen.

0:57:360:57:39

We have this.

0:57:440:57:46

Official document registered, we know that a family member

0:57:460:57:49

in that household owned that gun.

0:57:490:57:53

It wasn't stolen, it was not stolen.

0:57:530:57:57

God gave me a gift and that gift is to be able to take a case

0:58:020:58:06

and go to court and try it erm, at one point of time in my life,

0:58:060:58:10

I was going to be a Baptist preacher erm,

0:58:100:58:14

the Vietnam War interfered with that

0:58:140:58:16

and now, I consider myself to have been directed by God to this line

0:58:160:58:19

of work and, and to basically do my preaching in front of 12 jurors.

0:58:190:58:25

They have the gall to come in here and accuse the police officers

0:58:250:58:31

in this case of a criminal conspiracy against this defendant.

0:58:310:58:36

That's what they do,

0:58:360:58:38

because they can't fight the evidence in this case.

0:58:380:58:41

The state is not looking for the truth,

0:58:430:58:46

they are continuing to perpetuate this fraud

0:58:460:58:49

that Glynn County Law Enforcement has committed on this community

0:58:490:58:53

by rushing to judgment, by arresting this man,

0:58:530:58:57

by failing to collect evidence

0:58:570:58:58

and failing to diligently investigate this case.

0:58:580:59:02

'It's an adversarial system,

0:59:040:59:07

'you're looking for the weakness to exploit and then you see it and you

0:59:070:59:10

'run with it and you exploit and you milk it for everything it is worth.'

0:59:100:59:15

We have not come close to proving beyond reasonable doubt

0:59:190:59:23

that Guy killed his family.

0:59:230:59:26

People testify to what they see.

0:59:300:59:32

Mr Parker testified about what he heard, what was said.

0:59:340:59:37

He said, "Man, I'm going to kill them, I'll kill them all."

0:59:370:59:40

Did he get it wrong? Well, he was a year off.

0:59:400:59:43

There are some things that you hear that you go, "Oh, wow! OK, good,

0:59:460:59:49

"there's no way he could have done this!", and then you know,

0:59:490:59:52

it could be as early as five minutes later, you know,

0:59:520:59:55

when the rebuttal comes up, you go,

0:59:550:59:57

"Oh, man. OK, well, that, that poked a hole in that whole theory."

0:59:571:00:01

It was very confusing.

1:00:011:00:03

I was confused probably the majority of the time.

1:00:031:00:06

One argues for and one argues against,

1:00:081:00:11

and that's the way you weigh it.

1:00:111:00:13

The death penalty is very simply retribution,

1:00:171:00:20

it's Old Testament justice.

1:00:201:00:24

Help Mr Heinze, don't let them do this to him.

1:00:241:00:28

Do what's right because that's the definition of justice.

1:00:281:00:33

Do your duty.

1:00:351:00:37

Do justice, then you would have done the right thing.

1:00:371:00:40

Your Honour.

1:00:401:00:41

Ladies and gentleman, whatever your verdict is,

1:00:481:00:50

it must be unanimous as to each count, that is agreed to by all.

1:00:501:00:56

All the 12 of you can now retire to the deliberation room.

1:01:041:01:07

All rise for the jury, please.

1:01:071:01:09

'Until you get into that deliberation room,

1:01:271:01:29

'you really don't feel the pressure.

1:01:291:01:32

'Our first thing we were charged with was to select a foreman.'

1:01:321:01:36

I end up being the foreman of the jury,

1:01:361:01:39

definitely something that I took very seriously.

1:01:391:01:42

'There were some very strong personalities on that jury,

1:01:421:01:45

'so we knew going in there,

1:01:451:01:47

'at least I did, we were never going to have 12 people that the first

1:01:471:01:50

'time we took a vote that we'd all raise our hands and be in unison.'

1:01:501:01:54

You go through so much, a lot of tension

1:01:551:01:57

and, you know, and you've got every person that's got their own opinion,

1:01:571:02:02

which is good, you know, that's real good.

1:02:021:02:05

'We started deliberations that first afternoon

1:02:091:02:12

'and then towards the evening, we decided that's when we were going

1:02:121:02:15

'to take our first vote, after we'd had a chance to hear'

1:02:151:02:17

what everyone said and at that time, we were nine-three.

1:02:171:02:20

'We talked through it a little bit that night,'

1:02:241:02:27

I think I even said, "Of the nine, is there anybody here that is

1:02:271:02:30

"so strong on there that no matter what's laid in front of you,

1:02:301:02:35

"you cannot change your opinion?", and there was one person that said

1:02:351:02:39

"Yeah, that they were OK." Then, when we went, then I said,

1:02:391:02:42

"Of you three, is there anybody here that no matter what is presented

1:02:421:02:47

"in front of you, you cannot change your opinion?"

1:02:471:02:50

And one person said yes on that end.

1:02:501:02:52

So at that point, I said, "We've got a problem."

1:02:521:02:55

Not much else we can do this morning.

1:02:571:02:59

We are waiting for the jury to tell us our client's fate.

1:03:011:03:06

The jury gets to decide how long they want to stay

1:03:061:03:09

and then, they can come back tomorrow morning at whatever time

1:03:091:03:12

they get ready to come back at and start again

1:03:121:03:15

and it's really in their hands at this point erm, or at their mercy.

1:03:151:03:20

'After 17 hours of deliberations,'

1:03:201:03:23

the jury was split on a verdict,

1:03:231:03:25

nine to three, and now deliberations will continue later this morning.

1:03:251:03:31

'It's going to be another long day here at the Glynn County Courthouse,'

1:03:311:03:34

as deliberations in the Guy Heinze Junior trial must start anew.

1:03:341:03:38

-Good morning!

-Good morning.

1:03:431:03:45

Well, the jury has come back this morning

1:03:451:03:47

and we're waiting to see if they will reach a verdict today.

1:03:471:03:50

Usually, they come back and convict our clients in like an hour,

1:03:501:03:53

so this is good.

1:03:531:03:55

This is a good sign, we're all...

1:03:551:03:58

I think it probably means that we have a jury who cares

1:03:581:04:03

and who wants to make the decision that's right for them.

1:04:031:04:07

'It was a very emotional deliberation room, there was a lot of stress.'

1:04:091:04:14

There were definitely people

1:04:141:04:16

that were, that were struggling just with the magnitude of,

1:04:161:04:18

of the decision that was... that was at hand.

1:04:181:04:21

We were all just emotionally, physically drained,

1:04:211:04:26

and when we started erm, kind of arguing that's when I kind

1:04:261:04:31

of broke down and I was just wishing that we, erm, could just get along.

1:04:311:04:36

I just don't know what it is that they are fighting

1:04:361:04:39

with each other about at this point.

1:04:391:04:40

-Yeah, they haven't even voted again.

-Right.

1:04:401:04:42

I mean as far as we know it's still nine-three and we don't

1:04:421:04:45

know who the nine are, we don't know who the three are and we don't know

1:04:451:04:48

what the dispute is that they're having back in the jury room.

1:04:481:04:52

I wonder if it's nine to 3 to acquit.

1:04:521:04:56

I'm just having a hard time believing nine people think he's guilty.

1:04:561:05:00

I just can't buy that.

1:05:001:05:01

Yeah, I completely agree, Jerry.

1:05:011:05:03

But it's disturbing that we have a couple of jurors crying, erm.

1:05:031:05:07

There has been this total breakdown in their group, you know,

1:05:071:05:11

and they don't have anybody getting through this except

1:05:111:05:13

for each other, it's like you know, when families start falling apart.

1:05:131:05:17

'Some notes started coming out from the jury room'

1:05:191:05:22

about a lot of disagreement and argument among the jurors,

1:05:221:05:26

it was particularly aimed at one juror, number 152 who was

1:05:261:05:31

very contentious with some of the other jurors, we knew that

1:05:311:05:34

at times, erm, some of the jurors had been seen crying and upset.

1:05:341:05:38

So we don't know what the hell they're doing.

1:05:381:05:41

It was becoming more and more likely they would never reach a verdict.

1:05:411:05:44

Several possible outcomes here, a death penalty, also an acquittal

1:05:471:05:50

could set Guy Heinze free, they're also looking at the possibility of

1:05:501:05:54

a hung jury which means both sides would have to start all over again.

1:05:541:05:57

In the meantime the jury...

1:05:571:05:59

What we were worried about is if we had to have another

1:06:021:06:05

trial that the state would have the opportunity to fix all

1:06:051:06:09

the mistakes that they had made in this trial, more than likely

1:06:091:06:13

they probably wouldn't put Ronald Parker back up to testify, more than

1:06:131:06:16

likely they would have responses to a lot of the things that we

1:06:161:06:19

had raised about criticising the investigation that had been done.

1:06:191:06:23

There came a point where it appeared to all of us I think

1:06:261:06:29

that a hung jury was probably going to be the outcome.

1:06:291:06:33

They hadn't reached a unanimous verdict which it has to be

1:06:331:06:36

and so you have to make some decisions at that point.

1:06:361:06:39

In a surprise move this morning, the judge dismissed a juror,

1:06:501:06:54

brought an alternate back in and ruled that they start

1:06:541:06:56

the deliberations over again.

1:06:561:06:58

So we basically started back from scratch....

1:07:001:07:03

We actually pulled out evidence again -

1:07:031:07:06

not only did we go through everyone's thought

1:07:061:07:08

process again but we pulled through evidence, we read the charge again.

1:07:081:07:12

We reached a point - I think Jim said did we want to, erm...

1:07:121:07:17

take a vote now and everybody just kind of looked around,

1:07:171:07:22

we looked at her and said, "How do you feel being the new person

1:07:221:07:26

"coming in?" She said, "Erm, you know pretty good,"

1:07:261:07:30

and so we just all took a vote.

1:07:301:07:33

And we were all together.

1:07:331:07:35

We were all together at that point and we were like...

1:07:351:07:37

We were kind of pleased.

1:07:371:07:38

We all kind of looked at each other like, well, now what do

1:07:381:07:41

we do? You know, wow, we're done, we're here.

1:07:411:07:44

When they all went up it was something else, I can't

1:07:441:07:47

explain what kind of feeling it was but, yeah, I guess something else.

1:07:471:07:53

Total emotion, there was total emotion, when we had that

1:07:551:08:00

final erm, verdict, I think everyone just let loose, everyone

1:08:001:08:03

just, the...the sense of... "Oh, my goodness, erm, it's done! Oh. my

1:08:031:08:10

"goodness we, we've reached a verdict."

1:08:101:08:13

We actually were at a point where we had a...

1:08:131:08:15

We've got to turn something in, we've done this.

1:08:151:08:18

I need to know whether I'm going to have to go the rest of my life

1:08:251:08:28

without my brother or with my brother cos

1:08:281:08:30

I mean I've lost my mum and I've lost my dad and I've

1:08:301:08:32

lost my uncle and I've lost my cousins, I've lost a lot of friends.

1:08:321:08:36

I mean, so I need to know who I've got in my corner.

1:08:361:08:40

I got all my rocks in a bag of not guilty,

1:08:401:08:42

that's where my rocks are at you know, that's where my heart's at,

1:08:421:08:45

that's where I've got planned and my plan's all involve Guy being

1:08:451:08:49

out of jail. So if he's guilty it's like, everything that I've

1:08:491:08:53

thought up until this point is wrong, everything that I had

1:08:531:08:57

planned, everything that I want to do, wrong. I have to start all over.

1:08:571:09:01

And I, I mean I don't think I can do it. I don't know, I'm not saying

1:09:031:09:06

I'm going to go kill myself, but if Guy gets found guilty, I don't expect

1:09:061:09:10

great things for myself I really don't. I know it's bad to say but...

1:09:101:09:14

Just going to be hard for me to turn it around.

1:09:161:09:19

I've been holding it together good after mamma died, and I've

1:09:191:09:21

been holding it together good after they got killed, I haven't really

1:09:211:09:24

had a major breakdown and today could be the day that I fall off.

1:09:241:09:28

CAR RADIO PLAYS

1:09:281:09:30

# Death she must have been your will

1:09:331:09:37

# A bone beneath the reaper's veil...

1:09:391:09:42

# With your voice my belly sunk... #

1:09:441:09:48

Juror number 3.

1:09:491:09:51

Verdict. Jury said come on in.

1:09:541:09:57

I was juror number 4 in the Guy Heinze trial.

1:10:021:10:05

MUSIC: "Demon Host" By Timber Timbre

1:10:051:10:11

I am juror number 32 of the Guy Heinze trial.

1:10:241:10:28

Are you able to cut the 6.30 package for 6?

1:10:311:10:33

Three, two, one.

1:10:331:10:35

Juror number 8.

1:10:351:10:37

I was juror number 11 in the Guy Heinze Jr trial.

1:10:481:10:53

All rise for jury, please.

1:11:161:11:18

Foreman, have you reached a verdict?

1:11:271:11:29

Yes, sir.

1:11:291:11:31

Is that verdict unanimous?

1:11:311:11:32

Yes, sir.

1:11:321:11:36

In the state of Georgia versus Guy William Heinze,

1:11:541:11:57

we the jury find as follows.

1:11:571:12:00

Count one on the charge of malice murder as alleged

1:12:001:12:03

and count one of the indictment, we find the defendant guilty.

1:12:031:12:07

Count two of the charge of malice murder as alleged

1:12:071:12:11

and count two of the indictment we find the defendant guilty.

1:12:111:12:15

Count three on the charge of malice murder as alleged

1:12:151:12:19

and count three of the indictment, we find the defendant guilty.

1:12:191:12:23

Count four on the charge of malice murder as alleged

1:12:241:12:28

and count four of the indictment we find the defendant guilty.

1:12:281:12:31

Count five on the charge of malice murder as alleged

1:12:331:12:36

and count five of the indictment we find the defendant guilty.

1:12:361:12:40

Count six on the charge of malice murder as alleged

1:12:411:12:45

and count six of the indictment we find the defendant guilty.

1:12:451:12:49

Fuck.

1:12:501:12:51

Count seven on the charge of malice murder we find the defendant guilty.

1:12:521:12:57

Count eight on the charge of malice murder

1:12:581:13:01

we find the defendant guilty, so say we all on this

1:13:011:13:04

the 25th day of October 2013 signed by foreperson.

1:13:041:13:09

This is a burning place, man, it's a burning place, dude,

1:13:091:13:12

what goes around comes around.

1:13:121:13:14

Tyler tell me what you think right now, are you mad?

1:13:141:13:17

Are you mad?

1:13:171:13:19

Man, this ain't justice, this ain't right. Everybody sat in that

1:13:191:13:22

court, you all sat through the same trial I sat through.

1:13:221:13:26

All of you all sat there and heard what you all heard.

1:13:261:13:29

-I didn't see it coming.

-You never know what the jury is going to do right.

1:13:291:13:33

Unbelievable.

1:13:341:13:36

There wasn't one thing that I said that's it, that you can't get past

1:13:501:13:53

this, there wasn't one thing that did that but there were multiple

1:13:531:13:56

things. I was really disappointed that there was not a good alibi.

1:13:561:14:00

Someone would have seen him come or go at some point.

1:14:001:14:05

The 911 call.

1:14:051:14:07

When he was screaming on the phone that my family had been

1:14:071:14:10

beaten to death.

1:14:101:14:12

You can't take it back, how do you know they were beaten to death?

1:14:121:14:15

First people that came in there - police - they thought they were shot.

1:14:151:14:19

I think the gun was another big thing cos

1:14:211:14:24

he said that the gun was stolen, it really wasn't stolen.

1:14:241:14:27

For him to lie to say it was stolen.

1:14:271:14:30

There was lots of holes and lies and things that didn't add up.

1:14:301:14:34

We all said walking into the deliberation - if we're deciding

1:14:341:14:38

whether the police department made mistakes it's an open

1:14:381:14:40

and shut case but that's not what we're here to decide.

1:14:401:14:42

There were too many things that I just couldn't answer.

1:14:421:14:45

I think the blood on the clothing was one thing our jury

1:14:451:14:48

couldn't really get past and that was...

1:14:481:14:51

That was the main thing to me... was he had on gym shorts,

1:14:511:14:56

he didn't get the blood stains that morning when he showed

1:14:561:14:59

up to the scene, that he had to have been there beforehand at some point.

1:14:591:15:05

At that point, the sentencing phase, you were ready to do it, were you?

1:15:091:15:13

We were definitely ready for, erm, myself included were

1:15:131:15:16

definitely ready to, to go to the next phase.

1:15:161:15:19

I definitely prepared myself through prayer,

1:15:211:15:23

I'm a very religious person you know,

1:15:231:15:26

I ultimately feel that...that we have an ultimate judge and we will

1:15:261:15:30

have to answer to him one day, but we are also required to abide by

1:15:301:15:34

the laws of the land and the laws of the state of Georgia, erm, obviously

1:15:341:15:38

you know, the death penalty is something that is on the table.

1:15:381:15:42

Ladies and gentleman prior to your deliberation this morning,

1:15:471:15:51

parties, that is both sides entered into an agreement.

1:15:511:15:53

That agreement was the,

1:15:531:15:56

the dismissal of one of your fellow jurors and the agreement that

1:15:561:16:01

the state's removal of the death penalty as an option of punishment.

1:16:011:16:05

It's almost a, a sense of relief, a sense of relief that,

1:16:251:16:28

that we, that we weren't going to have to make that

1:16:281:16:31

decision about the man's life, that it was taken out,

1:16:311:16:34

that part of it at least was taken out of our hands.

1:16:341:16:36

I felt like I was, erm...

1:16:361:16:39

Something you know, was took from us

1:16:391:16:42

that to finish up what we were doing.

1:16:421:16:44

I mean we'd done all this through two weeks,

1:16:441:16:47

we should make our own mind up about what he would be sentenced to.

1:16:471:16:50

They won't be able to kill him...

1:16:501:16:52

That's what we've done, we've insulated him from death.

1:16:581:17:01

That's my big brother, in my heart of hearts I thought

1:17:081:17:13

when I left Georgia, I thought Guy was coming home with us.

1:17:131:17:16

He was going to get to be there for Christmas, Thanksgiving...

1:17:191:17:23

and I had that in my mind you know, I had that set like, it was

1:17:231:17:29

there, like that's going to happen, I know it's going to happen

1:17:291:17:31

and it's not happening.

1:17:311:17:33

I was wrong.

1:17:341:17:36

Welcome to Death Penalty Clinic

1:17:521:17:54

at the University of Houston Law Centre.

1:17:541:17:56

You will be working on real life cases.

1:17:561:17:59

Police are searching for a prison guard's killer.

1:17:591:18:02

I don't think I deserve to die for something I didn't do.

1:18:021:18:05

If he found a way to weasel his way out of the death penalty,

1:18:051:18:07

that would not be right.

1:18:071:18:09

You are their last and only hope.

1:18:091:18:12

I really want to save his life, if it's possible.

1:18:121:18:14

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