Punishment Life and Death Row


Punishment

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PHONE DIALS

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HEAVY BREATHING

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911, where is your emergency?

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OK.

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OK.

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Er...

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-OK.

-Oh, my God.

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Sir, calm down.

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You don't want to believe it was for real.

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That's how horrifying it was.

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Just the anger - how can someone have that much hate?

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Imagine how much energy it takes for not one...

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..but 14 separate blows.

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This boy, with that smile...

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..why would he do that? I mean, why?

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It rips at you. You have somebody's life on your hands.

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We serve a god of love.

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We also serve a god of justice.

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I don't think there's any way to really put a word to it...

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what we've lost.

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For me personally, it's...

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not even so much the big occasions,

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like my graduation, my wedding - it's...

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you know, the smaller things

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that everybody takes for granted with their parents.

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It's, you know...

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"Oh, I wonder how to fix this, I should call my dad,"

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or, "I think my mom would like that, I'm going to e-mail it to her."

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We...none of us can do that any more.

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And...

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Nobody, no matter what age they are,

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is ready to really be without their parents,

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and so to have that taken away, um, for me, you know,

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losing the day-to-day, small things has probably been the worst part.

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Even just something like when we go on a trip,

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my friend always has to call and let her family know

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that she made it safely, and...

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just things like knowing

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that there's no-one waiting for that call from me now...

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..has been the hardest part.

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He robbed them of their old age -

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of their chance to live to an old age.

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So, the idea of him living to be an old man...

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just the idea that he might get something that he took from them

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is difficult to handle.

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To begin the broadcast tonight,

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two murders in the small Summit County city of New Franklin.

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And we understand the victims are a husband and wife?

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That's right.

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Attorney Jeffrey Schobert and his wife Margaret

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were found murdered in their home in New Franklin this afternoon.

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County investigators just identified the suspect in that case,

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and the suspect, we understand, was not a stranger to the Schoberts.

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That's right - the suspect, Shawn Ford,

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is actually the boyfriend of the Schoberts' daughter Chelsea.

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He's an Akron resident, 18 years old.

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Police say he used a sledgehammer to kill

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the couple in the bedroom of their New Franklin home on April 2nd.

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Ten days before that, Akron police believe

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he stabbed and beat the couple's daughter -

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and his girlfriend - Chelsea Schobert.

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Peggy and Jeff were so giving,

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and if that's who Chelsea said she was in love with,

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and wanted to be with,

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they were going to do everything to make that work.

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-LAUGHTER

-Jeffrey...

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Jeffrey, Jeffrey.

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Oh, that's a good picture of him and Chelsea.

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You know, that's kind of who they were -

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they were very generous people and when they decided to adopt,

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they just went about it like they do everything else -

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who was in most need?

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So, they took Jessica, who was in neo-natal intensive care

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as a 27-week preemie,

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and Chelsea, whose mother was like...

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I think she was 15 - I could be wrong, but I think she was 15.

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Jessica - is that when you did your photoshoot

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for that lady, the artist?

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-This one...

-Yeah, isn't that adorable?

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Chelsea, she didn't know where she fit in.

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She really had an issue with the black versus white,

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and so tried really hard to hang out with kids of her colour.

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So, she did - she connected with a bunch of kids.

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How she connected with the likes of Shawn Ford, I'm not sure.

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Him and his stepbrothers were there a lot -

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they were there for every family function we did.

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So, they've been to all of the family homes,

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and it's just...that's what makes it even more bizarre, is they were...

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they could have been a part of this family.

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I didn't know his background, I had no idea about his background.

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I didn't know he had 14 counts of juvenile offences against him.

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I think... I think I would have been a little different had I known that.

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I think I would have had a sit-down with my sister -

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but since we didn't know, you know,

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kind of left you in the dark.

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This boy, with that smile...

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And why would he do that? I mean, why?

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There were so good to him.

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Beautiful. Remember that one?

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I do, yeah.

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Remember that one, Bobby?

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OK, guys, I nominate this for photo of the year...

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of Jeff and Peg.

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'Thank God Jessica was OK.

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'I just thank God she wasn't there too.'

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She said the only thing that will ever scare Shawn

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is the death penalty,

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and she did not want to back down from it.

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She felt like her parents deserved that as justice.

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We've been involved in jury selection for a couple of weeks now,

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and we've pared it down to about 45 folks.

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Some jurors walk in and you know they're going to feel it -

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they'll think about it, and they're going to make...

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they'll do the decision right.

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Other jurors, you'll say,

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"How do you feel about imposing the death penalty?"

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And they'll say, "Well, I couldn't do it right now,

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"but if you give me an hour, I could."

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You know, they're ready to put the needle in themselves.

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So, some people are going to have a real struggle with it,

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and some people...

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they're not going to have any problem at all,

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and go right about their business.

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Those are the ones who are dangerous,

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and those are the ones that I don't want in this jury.

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I mean, if you're going to kill him, at least think about it.

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If our client is convicted, and gets life in prison,

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he's got one quality of life, and if he...

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gets the death penalty, not only will he be executed down the road,

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but the time leading up to that will just be...

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cruel.

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In a case where there's a good deal of evidence against your client,

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where there's a lot of evidence, and there's a likelihood

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that you're going to get past that first phase

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of, "Is he guilty or not guilty?"

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and you're going to be at the second phase of,

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"Do we kill him or not kill him?"

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you gotta really use your head,

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and you can't lose your credibility with the jury.

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Thank you, everyone. Please be seated.

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We've got to try and humanise Shawn

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to the point that jurors can come back and say,

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"I recognise that this was brutal, I recognise that,

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"but I can put that aside,

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"and I can bring back something other than death."

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Just by the fact that you've made it this far

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tells us all that you are qualified to be jurors in this case.

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But we're not just looking for jurors -

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we're looking for good jurors.

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This case is a very, very serious case.

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Two people are dead,

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and a young man is literally on trial for his life.

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Today is the most important day of Shawn's life,

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and you folks are the most important people he's ever going to meet.

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So, we're looking for good jurors.

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You just sit there, and you just hope it goes through quickly,

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and that you're just dismissed

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and you can go home and go on with your life.

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The court is now going to excuse the following jurors.

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Juror number 5, number 15, number 32, number 77...

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Once I got to my seat, I said, "I'm going to be on this jury."

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I had a good feeling that I was there -

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that I was going to be there throughout the whole process

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at that point.

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It was kind of scary. It was like, "I can't believe this is happening.

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"My job is going to kill me!"

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I never thought I would be selected.

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I really thought I wouldn't be a part of that process -

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and I was wrong.

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Ladies and gentlemen,

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the 12 of you will constitute the jury in this case.

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So, if you would all please stand once again

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and raise your right hands, I will administer that oath.

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All right, do you and each of you swear or affirm

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that you will diligently inquire into and carefully deliberate

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all matters between the State of Ohio

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and the defendant, Shawn E Ford Jr?

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Do you swear or affirm that you will do this

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to the best of your skill and understanding,

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without bias or prejudice?

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This you do as you shall answer

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under the pains and penalties of perjury.

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If so, please signify by saying, "I do."

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ALL: I do.

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Thank you very much. You may be seated.

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You know, who am I to judge?

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Would I want my life decided on 12 other people that don't know me?

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Don't have a clue about me?

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I wanted to see the process, I wanted to see how it worked,

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I wanted to see what the crime was,

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I wanted to see it all put together.

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All rise.

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In my heart of hearts, I was thinking, at that time,

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you guys are going to have to have a lot of proof...

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in order for me to make a decision

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to send someone to the death penalty.

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Summit County Court of Common Pleas,

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Honourable Judge Parker presiding.

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You know, nobody likes the thought of having somebody be put to death,

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but you kind of have to separate your feelings from it,

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and just look at the facts and the evidence.

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Are counsel ready to proceed with opening statements?

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-The State is prepared.

-We are, Judge.

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Mr Hicks, you may open.

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Thank you, Judge.

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As you recognise,

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this case is about death.

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It is about the deaths

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of Mr and Mrs Schobert,

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and, as you understand, there are specifications

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which may ultimately call upon you to consider the death of Shawn Ford.

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He is a young fellow from a different culture -

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a product of poverty.

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A product of family disharmony -

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of a mother who became a mother at age 15...

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and we ask that you will take a long, encompassing view

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of the circumstances which brought about

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the events for which we are here.

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Mr Gessner and I believe and are confident

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at the end of the day we're going to give you

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more than enough evidence to agree with us

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that Mr Ford is guilty

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of the murders of Jeffrey and Margaret Schobert.

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The two Schoberts decided to have children,

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and they adopted.

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They first adopted Jessica Schobert.

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Later, they made a second adoption,

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which is Chelsea Schobert.

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She, through Facebook...

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..started chatting with

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an individual by the name of Shawn Ford.

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When we are done, you are going to be thoroughly convinced

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Mr Ford attacked Chelsea Schobert, critically injuring her.

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Mr and Mrs Schobert had suspicions

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that Shawn was the one who attacked her,

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but regardless of whether he did it or not,

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they felt that this relationship is not good for Chelsea.

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You will hear through the testimony

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that he was not allowed to visit her,

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and as a result of that, he went to the Schoberts' home

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and bludgeoned Mr Schobert to death,

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striking him 14 times with a sledgehammer,

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waited for Mrs Schobert, hid in the room across the hall,

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waiting for her to come in,

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and when she wasn't ready,

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hit her 19 times...

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..killing her.

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All rise.

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When Chelsea and my son was dating, I met Mrs Schobert.

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Well, she would come and take the kids out to eat,

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it was real nice.

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My stepson used to talk about them all the time.

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All the time, saying how nice they was.

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He'd always say I was the mean mommy.

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He thought I was the mean mommy, because I fussed at him,

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and I told him what's right, you know.

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I didn't sugar-coat anything to him.

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I loved him.

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I think he knew it, but didn't want to believe it all the time,

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because, you know, I didn't let him get away with everything.

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His head will mess with him, you know, inside, emotionally,

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but he won't show it a lot -

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but I just know my child. It's going to hurt him.

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It's going to hurt him - he has yet to feel it.

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And I just hate when he do, cos he's going to be heartbroken.

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He's still my child, I love him. I hate what he's involved in...

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..but I don't want them to kill my son.

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Do you solemnly swear and affirm that the testimony

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you will give in this matter will be the truth, the whole

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truth and nothing but the truth, so help you God?

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-Yes, sir.

-You may take the witness stand, please.

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Let me direct your attention

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specifically to March 22nd,

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23rd of 2013.

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Were you involved at all, at that point in time,

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in regards to the injuries or assault

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that took place against Chelsea Schobert?

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-Yes, after she'd already gone to the hospital.

-All right.

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I'm going to show you a photograph,

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identified as State's exhibit number 52.

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Do you recognise who that is?

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-That's Chelsea.

-All right.

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Is that the way she looked to you when you went to the hospital?

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No.

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I'm going to show you what's been previously identified

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as State's exhibit number 55 for identification purposes -

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do you recognise that photo?

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Yes, that's what she looked like at the hospital.

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All right.

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We were there the first nights, and we even got to see her that night.

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And it was bad.

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It was... I mean, it was really bad.

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I don't know if Jeff and Peggy thought, at that point,

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it could have been him that attacked her - I don't know.

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I think, right then, their whole focus

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was to make sure she stayed alive.

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As a detective, and maybe more as a person,

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were you concerned, at that point in time, about her condition?

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-Yes.

-Were you also concerned about her safety?

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Yes.

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I would talk to Peggy at least once a day.

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She didn't want anyone to discuss anything about Chelsea's attack,

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because they were led to believe it was gang related,

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because both Chelsea and Shawn had lied about who attacked her.

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If Chelsea just would have told the truth,

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they would be alive, you know,

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but she was afraid of Shawn.

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And I think she still loved Shawn, so she didn't want him

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to be blamed for it.

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Was there some discussion

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regarding whether Mr Ford could come visit her,

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since he was, at that point in time, not a suspect

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and he was, you know, her boyfriend?

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I told them I thought it was still best that he shouldn't visit.

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Because there were still parts of the story I wasn't clear on.

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What is the next thing of significance that

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happens in this investigation?

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When I go to see Chelsea one day,

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security said that Shawn tried to get in to see her.

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And they stopped him

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and they took the letter that he was trying to leave for her.

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Thank you, Your Honour, I have no further questions.

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This letter that went up from Shawn to Chelsea.

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-Shawn's telling Chelsea how much he loves her.

-Yes.

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Even when she is in the hospital,

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she is still indicating to you that she is in love with Shawn?

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Yes.

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Thank you, Detective.

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It was a story that just started out almost like a love story.

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And ended up like...

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It was a tragedy.

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I think he just didn't like having what he wanted blockaded.

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He couldn't visit her, he couldn't have her, he loved her,

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and those people were the people that were...

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keeping him away from her.

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And so I think all that anger just built up and up until

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he just figured, "I have to get rid of them in order to have her."

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DOG BARKS IN DISTANCE

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My heart goes out to the Schobert family.

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I don't know if they're mad at me...or whatever, I don't know.

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But I'm not a monster.

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I think about them quite often -

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just as much as I think about my own child, I think about them.

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I still have moments that I just break down thinking about him...

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..thinking about what the decision is going to be.

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Ugh, it is just heartbreaking.

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Because he is so young.

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I think about all of this and I break down all day long.

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All day.

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If this case is like every other capital case, there is going to be

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significant testimony, significant evidence,

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significant photographs,

0:23:000:23:01

and they are going to be held up by a medical examiner or a coroner

0:23:010:23:05

and the jury is going to hear about devastating injuries.

0:23:050:23:09

That is going to be difficult.

0:23:100:23:12

Our goal is to hopefully find a way to save this kid's life.

0:23:120:23:17

Would you raise your right hand, please?

0:23:210:23:23

Do you solemnly swear or affirm that the testimony you give in

0:23:230:23:26

this matter will be the truth, the whole truth and nothing

0:23:260:23:28

but the truth, so help you God?

0:23:280:23:30

-Yes, sir.

-You may take the witness stand.

0:23:300:23:32

I'm going to now show you a series of photographs of this room,

0:23:320:23:35

including the victims in this case, all right?

0:23:350:23:39

-Yes.

-State's exhibit number 79.

0:23:390:23:41

Do you recognise that?

0:23:410:23:42

That is a photograph of the bedroom outside the doorway.

0:23:420:23:46

I'll use State's exhibit number 91 for identification purposes,

0:23:480:23:51

what is this?

0:23:510:23:52

It's a... It would be the female decedent's hand,

0:23:520:23:56

and there was a plastic wrapper on the floor.

0:23:560:23:59

State's exhibit number 84 for identification purposes.

0:24:010:24:04

In the middle of the bed, there is an item there,

0:24:040:24:06

-can you tell us what that was?

-A sledgehammer.

0:24:060:24:09

No-one with a normal mind can imagine doing such a thing.

0:24:120:24:15

You think, "Is this for real? Is this from a movie?

0:24:150:24:19

"Did this really happen?"

0:24:190:24:22

As you can't fathom,

0:24:220:24:24

your brain...my brain can't fathom something like that happening.

0:24:240:24:28

Going to show you, I have marked this

0:24:300:24:32

State's exhibit number 93 for identification purposes.

0:24:320:24:35

Do you recognise that?

0:24:350:24:36

Yes, that is a photograph of the interior of the bedroom,

0:24:360:24:40

showing both decedents in their positions as they were found.

0:24:400:24:43

All right.

0:24:430:24:45

I don't think I will ever get those pictures out of my head.

0:24:510:24:54

I was shocked with the brutality.

0:25:130:25:16

On the sledgehammer, it seemed very barbaric. Up close, personal.

0:25:160:25:22

What Mr Schobert has

0:25:240:25:25

is a cluster of blunt-force injuries.

0:25:250:25:28

Mr Schobert's face is caved in...

0:25:280:25:31

-OK.

-..because the bones that support the face,

0:25:310:25:34

the bones of the face, are broken.

0:25:340:25:36

Would it be fair to say that a significant number

0:25:370:25:40

of his facial bones were crushed?

0:25:400:25:44

-All of them.

-All of them? Very good.

0:25:440:25:46

I really hope that after one blow,

0:25:490:25:55

they just weren't aware of anything.

0:25:550:25:59

That is just what I kept praying.

0:25:590:26:01

-How many were the minimum amount of blows to Mrs Schobert?

-19.

0:26:030:26:07

-19, that's one-nine?

-Yes.

0:26:070:26:09

The head was separated from the spine.

0:26:110:26:14

Separating one's head from your spine,

0:26:140:26:16

what type of force would be necessary?

0:26:160:26:19

I can't give you a number on it,

0:26:190:26:20

-but I can say a tremendous amount of force.

-All right.

0:26:200:26:23

You look at the family, and at that point, I was like, "This is..."

0:26:250:26:30

You think...

0:26:300:26:31

.."This guy deserves the death penalty."

0:26:330:26:35

# I'm just a rolling stone... #

0:26:470:26:49

Now you're saving these guys that you were...

0:26:490:26:52

I am... In fairness, I have not defended a capital case.

0:26:520:26:57

The difference between John and I is,

0:26:570:26:59

I only represent innocent people.

0:26:590:27:01

THEY LAUGH

0:27:010:27:03

I don't know, when you're a prosecutor,

0:27:030:27:05

everything is black and white, isn't it?

0:27:050:27:07

-You do one case a year.

-No, I do more than that.

0:27:070:27:09

When you're a prosecutor, everything's black and white.

0:27:090:27:12

There is a huge difference, because...

0:27:120:27:16

I was raised in a young prosecutor's office,

0:27:160:27:19

or in a prosecutor's office where... it wasn't all about winning.

0:27:190:27:23

It was about doing the right thing.

0:27:230:27:25

The Schobert family, those people are there every day, all day,

0:27:270:27:32

all of them. There's guys from his firm there, they were loved people.

0:27:320:27:36

I mean, you can't say a bad word about them.

0:27:360:27:40

But it's hard sitting there and just...

0:27:400:27:43

..you know, getting pounded for this part of the trial.

0:27:440:27:48

-Not fun.

-You knew it going in.

-Yep.

0:27:500:27:54

You knew what you had.

0:27:540:27:56

As a community, we have become somewhat immune to violence.

0:28:080:28:13

But this one hit home

0:28:160:28:18

because it happened to people that could be just like us.

0:28:180:28:21

And that is the problem on this jury.

0:28:250:28:27

Folks can very easily

0:28:310:28:33

put themselves in the position of the Schobert family.

0:28:330:28:36

I'm going to show you a series of exhibits.

0:28:420:28:46

-And what are those?

-These are text messages

0:28:480:28:51

and text details.

0:28:510:28:53

All right.

0:28:530:28:54

So let's go through the records of what you found.

0:28:540:28:57

This was the type of story, as it continued to unfold,

0:28:580:29:03

it just got deeper and deeper, and more shocking and more shocking.

0:29:030:29:08

It was the details that made this story so horrific.

0:29:080:29:13

April 2nd, 2015 at 5am...Jeffrey Schobert to Margaret Schobert.

0:29:130:29:18

"You still at hospital?"

0:29:180:29:20

5.09am. "What time you coming home?"

0:29:200:29:23

I knew that when the text message was sent to Peg,

0:29:250:29:32

that Mr Schobert...had already...

0:29:320:29:38

I mean, he was deceased.

0:29:380:29:40

"I'm about to go to bed, I been up all night

0:29:400:29:44

"but what time you coming?"

0:29:440:29:47

To take Jeffrey's phone and pretend to be him,

0:29:470:29:51

trying to find out when she is coming home, etc,

0:29:510:29:54

it's the type of thing that just gives you chills.

0:29:540:29:57

5.25am. "Why do you want to know when I am coming?"

0:29:570:30:01

I just thought that...this is sick.

0:30:010:30:05

I mean, here he is trying to lure Margaret to come home,

0:30:050:30:09

and then waited three-and-a-half hours for her to come home.

0:30:090:30:12

-It's very chilling.

-So she goes back home, she steps into that bedroom...

0:30:140:30:21

And she probably only knew for a couple seconds that her husband...

0:30:230:30:28

what happened to her husband.

0:30:280:30:30

And then, after everything was done, the audacity to send

0:30:360:30:42

a text message to the daughter to pretend to be the mother?

0:30:420:30:47

April 2nd 2013, at 9.14am,

0:30:470:30:51

from the phone number associated with Margaret Schobert,

0:30:510:30:54

to Chelsea Schobert...

0:30:540:30:55

"No matter what... I-M-A always love you.

0:30:570:31:03

"I hope Shawn take care of you, I kinda like him now,

0:31:030:31:09

"but just know I love you to death."

0:31:090:31:12

I have no further questions, thank you.

0:31:210:31:23

I mean, he was guilty.

0:31:280:31:31

There was no question, going through the texts, they knew he was guilty.

0:31:310:31:36

They had no defence, they had no witnesses,

0:31:360:31:39

they had nothing to save him. And that just said it all.

0:31:390:31:42

SHE MOUTHS

0:31:430:31:45

When we started to interview Shawn,

0:31:460:31:48

he still denied any involvement in it...at first.

0:31:480:31:52

He changes his story once we start talking about any

0:31:520:31:56

kind of evidence that we would have had from the scene.

0:31:560:31:58

By the time the interview was over,

0:31:580:32:00

he had said the only one that used the sledgehammer was himself.

0:32:000:32:03

She was sitting on a bench all by herself and just sobbing.

0:32:080:32:12

Anyone who is a mother knows... How...?

0:32:120:32:16

How could you cope with that?

0:32:160:32:18

The last thing she needed from us was, um, hate and anger.

0:32:230:32:30

She had absolutely no coping skills to deal with a son

0:32:300:32:34

who would do something like this.

0:32:340:32:37

And, er, I felt sorry... I genuinely ache for them.

0:32:370:32:42

So... It's how it is.

0:32:420:32:46

-TEARFULLY:

-She's a mother.

0:32:460:32:47

Members of the jury, thank you for your patience.

0:32:510:32:54

You will be permitted to retire to begin your deliberations.

0:32:540:32:57

Your duty is confined to the determination of whether

0:33:000:33:04

the defendant is guilty or not guilty

0:33:040:33:06

of the crimes that have been charged.

0:33:060:33:09

You must not be influenced by any consideration

0:33:090:33:12

of sympathy or prejudice.

0:33:120:33:14

"On the count number one, indictment for aggravated murder...

0:33:440:33:48

"we, the jury, find the defendant, Shawn Ford Jr,

0:33:480:33:52

"guilty beyond a reasonable doubt of the offence

0:33:520:33:55

"of aggravated murder as charged in count number one.

0:33:550:33:58

"In count two, we, the jury, find the defendant..."

0:33:580:34:01

-REPORTER:

-A short while ago, Shawn Ford Jr

0:34:050:34:08

was whisked away in handcuffs

0:34:080:34:09

after having been found guilty on all charges.

0:34:090:34:13

All of the parties involved cannot comment on this case

0:34:130:34:16

until after sentencing.

0:34:160:34:18

Once that sentencing phase begins with a mitigation hearing

0:34:180:34:21

early Monday, it is possible that this jury could recommend

0:34:210:34:26

the death penalty for Shawn Ford Jr.

0:34:260:34:29

It was expected. We knew it was coming.

0:34:350:34:38

Hopefully, it took some of the anger out of people.

0:34:400:34:44

Now we can go into this next phase and focus on Shawn.

0:34:440:34:48

So...

0:34:490:34:51

Really, I have just got this thing about how we're going to

0:34:510:34:54

do this, and there's a couple jurors here that said things,

0:34:540:34:57

some of the African-American jurors,

0:34:570:34:59

a couple jurors that said things about a chance of redemption,

0:34:590:35:02

"I want him to have a chance of being redeemed."

0:35:020:35:04

So I think I want to feed into that a little bit.

0:35:040:35:06

'This isn't about the crime any more,

0:35:060:35:08

'about whether he did or didn't do it.'

0:35:080:35:10

The question is whether or not he's going to get life without parole,

0:35:100:35:13

die in prison, or whether the State is going to kill him.

0:35:130:35:16

If one juror votes for life, death is off the table.

0:35:160:35:19

They are all required then to go back and consider another option.

0:35:190:35:22

The jury needs to understand that life in prison means

0:35:220:35:25

-life in prison.

-This is Ohio.

0:35:250:35:27

If he gets life without parole, he will die in there,

0:35:270:35:29

it won't be some legal bullshit that he's walking

0:35:290:35:31

out of the door on a technicality in six months.

0:35:310:35:34

The idea that there is punishment, and there IS punishment,

0:35:340:35:37

-what more punishment can you have as an 18-year-old...

-Right.

0:35:370:35:40

..to be in prison with a bunch of ne'er-do-wells

0:35:400:35:43

for the rest of your life?

0:35:430:35:44

They're going to victimise him in prison, he's going to be

0:35:440:35:48

somebody's girl, and he's going to have a horrible...a horrible life.

0:35:480:35:52

We're going to put on people like family members,

0:35:540:35:56

things about abuse that was suffered as a kid.

0:35:560:35:59

We're going to have experts come up...a psychiatrist come up

0:35:590:36:02

that has evaluated our client, and talk about what problems he has had.

0:36:020:36:06

Anywhere you want.

0:36:060:36:08

'Juries have found mitigation in the strangest places.

0:36:080:36:12

'Juries have saved people's life

0:36:120:36:14

'because they didn't want to see someone's mother suffer a loss.'

0:36:140:36:18

They didn't want to put someone to death

0:36:180:36:21

and leave behind a child or a spouse or siblings.

0:36:210:36:25

We're looking at trying to help the jury understand,

0:36:260:36:31

how is it that a person, a human being, could do this?

0:36:310:36:36

If the jury thinks he has been raised right,

0:36:360:36:38

had all the breaks, there is no explanation

0:36:380:36:40

for why he did what he did. He is just a stone-cold killer.

0:36:400:36:44

So we need to put out there he didn't have it so easy.

0:36:440:36:47

This kid is a broken kid.

0:36:470:36:49

We just need one person, we don't need to convince 12 of them.

0:36:490:36:53

Any one of those people can go in there and say,

0:36:530:36:55

"You know what? I ain't doing this, I'm not going to kill this boy."

0:36:550:36:58

And if one does it, the rest of them can't go past that.

0:36:580:37:02

They can't change it, so all we need is one.

0:37:020:37:05

I know there are some killers on that jury,

0:37:050:37:07

-but there were some people crying...

-Yeah, I saw that.

0:37:070:37:10

We've got a lot of women, we've got a lot of blacks, we've got

0:37:100:37:13

-one of the better juries you could have on a case like this.

-All right.

0:37:130:37:17

So he's got a chance, he really does.

0:37:190:37:22

You come walking into it,

0:37:360:37:38

and you kind of know the story of what it's all about.

0:37:380:37:42

And you come in and you think, "Gosh, this guy is...

0:37:420:37:44

"death, you know, this is an awful story,

0:37:440:37:48

"I can't believe somebody could do this."

0:37:480:37:51

But then it totally changes.

0:37:510:37:54

We hear all the time that folks get 20 years or 30 years and then

0:37:570:38:01

they're out in seven or eight years, at least we think we hear that.

0:38:010:38:04

Is that true in Ohio?

0:38:040:38:07

No, it's not. Under the law today,

0:38:070:38:10

they would serve the whole sentence before they would come

0:38:100:38:13

and see the parole board for their first parole board hearing.

0:38:130:38:17

Life without parole...

0:38:170:38:20

they are staying in prison until the end of their stay?

0:38:200:38:22

Correct.

0:38:220:38:24

-And there are opportunities for both mental health help in prison...

-Yes.

0:38:240:38:29

..as well as religious expression?

0:38:290:38:32

-Yes.

-Folks can find salvation in prison.

0:38:320:38:36

-It's there if they want to look for it.

-Yes.

0:38:360:38:38

-The individual that gets death is going to be executed in Ohio.

-Yes.

0:38:410:38:47

The death penalty is not something you're like,

0:38:500:38:52

"OK, this is what I want to do."

0:38:520:38:54

It's got to be something you have to live with, your decision

0:38:540:38:57

is something you have to live with for the rest of your life.

0:38:570:39:01

Is it fair to say that individuals

0:39:010:39:03

in prison, not on death row, can... they can go to church?

0:39:030:39:09

-Yes.

-They can go to classes?

-Yes.

0:39:090:39:11

-Get education?

-Yes.

0:39:110:39:13

-They have exercise?

-Yes.

0:39:130:39:15

-They can have TV?

-Yes.

0:39:150:39:17

-They are allowed to see their families?

-Yes.

0:39:170:39:19

-They can write letters?

-Yes.

0:39:190:39:21

Death row. Is it fair to say that death row

0:39:270:39:30

-is limited movement...

-Mm-hm.

0:39:300:39:32

-Yes.

-..limited general population...

-Right.

0:39:320:39:34

-..limited access to other people?

-Correct.

0:39:340:39:37

It is a very heavy weight.

0:39:390:39:42

Because you know that there is a human life...

0:39:420:39:47

..that is hanging in the balances, and you...

0:39:490:39:52

..tip that scale one way or the other,

0:39:560:40:00

based on the law and the evidence.

0:40:000:40:03

You and I have met, I believe,

0:40:030:40:05

on four occasions to evaluate Shawn, to determine mitigating factors.

0:40:050:40:10

What can you indicate about Shawn's early life?

0:40:100:40:15

Shawn told me, when I met with him,

0:40:150:40:19

that he never really felt loved by his mom.

0:40:190:40:23

He never really felt loved by his family.

0:40:230:40:25

He had a rough relationship with his stepfather,

0:40:250:40:28

and the two of them would get into it physically.

0:40:280:40:31

And there is research that shows that kids who are

0:40:310:40:36

neglected and abused can come

0:40:360:40:39

and later develop disorders or mental illness.

0:40:390:40:42

In my opinion, Shawn has something

0:40:420:40:45

called antisocial personality disorder.

0:40:450:40:47

So somebody with antisocial personality disorder won't be

0:40:470:40:51

able to put themselves in someone else's shoes,

0:40:510:40:54

won't be able to control their impulses or behaviour

0:40:540:40:57

as well as someone who doesn't have this disorder.

0:40:570:41:01

Plenty of people don't have an ideal environment and they grow up

0:41:020:41:08

and they get along without killing anybody.

0:41:080:41:11

I wish I would have heard something from Shawn.

0:41:130:41:15

Not a lot of them had sympathy, but I guess I can see why they didn't.

0:41:170:41:22

I can see why, and I understood it.

0:41:230:41:26

But I did. I will be honest.

0:41:280:41:32

So let's talk about the personality disorder.

0:41:320:41:34

And that's the one where we talk about having...when people say,

0:41:360:41:39

-"He had no conscience."

-Mm-hm.

0:41:390:41:41

-Correct?

-Yes.

0:41:410:41:42

Malingering is one of the things that is often associated with

0:41:440:41:47

people with this disorder.

0:41:470:41:49

-Yes.

-And what is malingering?

0:41:490:41:51

Basically, outright faking or exaggerating problems

0:41:510:41:56

to avoid some kind of responsibility.

0:41:560:41:59

-Such as a double homicide?

-Correct.

0:41:590:42:01

-Doctor, thank you for your time.

-Thank you.

0:42:030:42:05

We will now recess for the day.

0:42:070:42:10

While you are on break overnight, do not discuss this case with anyone.

0:42:100:42:14

Do not discuss...

0:42:140:42:15

You have definitely got some seriously compassionate people

0:42:200:42:23

on that jury who look at Shawn as a murderer,

0:42:230:42:28

but also look at Shawn as a boy.

0:42:280:42:30

No matter what you want, out of revenge you want,

0:42:330:42:37

out of a crime like this, you, erm...

0:42:370:42:43

As a human being, with human feelings and a soul,

0:42:430:42:47

you do have to take a step back from handing out a death penalty.

0:42:470:42:52

Because it's just not in our nature.

0:42:520:42:55

Normal people, it's not in our nature.

0:42:550:42:57

To me, it doesn't make sense. Violence begets violence.

0:42:580:43:02

The fact that he's so young is a tragedy.

0:43:020:43:07

I feel for his family, because whatever happened in his life,

0:43:070:43:11

he allowed it to destroy him.

0:43:110:43:13

I'll take the stand and testify tomorrow.

0:43:160:43:19

I really don't know how I'm...I'm going to feel until I get up there.

0:43:190:43:22

And maybe I can get...maybe it's another mother sitting on the jury,

0:43:250:43:29

sympathising with me.

0:43:290:43:32

Because in the end, the only thing we can do is raise our children.

0:43:330:43:36

They go they're own separate way once they get 18.

0:43:360:43:39

I just, like I say, there's not a lot I can do,

0:43:430:43:46

I am just trying to save his life.

0:43:460:43:49

We all know that he's never coming home again, you know.

0:43:490:43:54

But I just want to spare his life. I want to be able to go see him.

0:43:540:43:59

Now...

0:44:130:44:15

-..you recognise this young man right here?

-Yes, I do.

-Who's that?

0:44:150:44:19

That is my son, Shawn.

0:44:190:44:21

-OK, do you call him Shawn?

-No, I call him Man-Man.

0:44:210:44:23

-You call him Man-Man?

-Yes. M-A-N, M-A-N?

-Yes.

0:44:230:44:27

-How long have you called him Man-Man?

-Since the day he was born.

0:44:270:44:31

OK. Well, how did that name come about?

0:44:310:44:33

When the doctors laid him on my chest,

0:44:330:44:36

he was so tiny and cute, I said, "Look here, my little man..."

0:44:360:44:39

-TEARFULLY:

-And ever since then I called him Man-Man.

0:44:390:44:43

-And he's been Man-Man since then?

-Yes.

0:44:430:44:46

Who's that?

0:44:500:44:52

That is Shawn Sr.

0:44:520:44:54

Describe that relationship when it first starts off.

0:44:540:44:56

In the beginning it was real... It was lovely.

0:44:560:45:00

Then, a couple years later down the line, it changed for the worse.

0:45:000:45:05

-How did it get bad?

-He got real controlling and abusive.

0:45:050:45:10

Fighting me all the time.

0:45:100:45:12

Man-Man, he would try and get on his dad's back and he would be saying,

0:45:120:45:16

"Leave my mommy alone."

0:45:160:45:18

-How old was Man-Man when that happened?

-I would say about three.

0:45:180:45:22

-You had another child.

-Yes, I did.

0:45:220:45:25

You had a little girl named Chanteia.

0:45:250:45:27

Yes, Chanteia Ford.

0:45:270:45:28

-Chanteia, how did she pass?

-Sudden infant death syndrome.

0:45:290:45:34

-Did the household change?

-Yes.

0:45:340:45:36

-How?

-It was like Man-Man stopped talking.

0:45:360:45:39

Did you ever come to recognise that he had some emotional problems?

0:45:410:45:45

-I didn't see it like that.

-How did you see it?

0:45:470:45:50

He was a little bad boy, as we would call him,

0:45:500:45:54

who would maybe grow out of all this stuff he was doing.

0:45:540:45:58

He was a little bad boy. What's that mean?

0:46:020:46:05

You know how little boys always doing something.

0:46:050:46:09

That was just how I saw it.

0:46:090:46:12

I didn't see any psychological thing, or anything like that.

0:46:140:46:20

With some of the difficulties they had with him as a child,

0:46:230:46:26

she said, "I just thought he would outgrow it."

0:46:260:46:30

What parent doesn't think that?

0:46:300:46:32

They think that whatever little idiosyncrasies their kid has,

0:46:320:46:37

that they're just going to outgrow it,

0:46:370:46:40

and I could totally imagine that.

0:46:400:46:42

That was definitely... That was the hardest thing for me.

0:46:440:46:48

So it just really contrasted...

0:46:490:46:55

a lot with the...

0:46:550:46:59

..trial itself - who the Schoberts were and who Shawn Ford was, or is.

0:47:000:47:08

It really contrasted, and you saw two different worlds.

0:47:080:47:13

What do you want this jury to know about your son before

0:47:130:47:16

they make a decision about him?

0:47:160:47:19

I don't want you guys to...

0:47:210:47:24

to kill my baby.

0:47:240:47:26

Do you have any explanation for what happened?

0:47:340:47:37

Is there anything you think this jury needs to know

0:47:420:47:45

about Shawn or you, anything you want them to know

0:47:450:47:47

before they make this most important decision?

0:47:470:47:49

Yes.

0:47:510:47:53

I want them to know that, you know,

0:47:530:47:57

he went and got involved in a bad situation.

0:47:570:48:02

We can't change it.

0:48:020:48:04

But I don't think killing him is the answer.

0:48:060:48:08

I buried a child 17 years ago. I can't bury another one.

0:48:100:48:16

Thank you, Miss Ford.

0:48:210:48:23

The State of Ohio...wants you to put this young man to death.

0:48:340:48:40

I say we're better than that. I say we can do better than that.

0:48:410:48:47

Do you think I didn't feel bad when Mrs Ford got up there

0:48:470:48:50

and asked you to save her son's life?

0:48:500:48:53

Are you kidding me? There wasn't a dry eye in here.

0:48:530:48:56

How odd is it and ironic is it that the reason she's in here

0:48:570:49:02

crying for you, begging to you to save her son's life...

0:49:020:49:08

is because of what he did? What he did to the Schoberts...

0:49:080:49:12

that made her do this.

0:49:120:49:15

Something broke this young man. He's a broken kid.

0:49:150:49:18

And the prosecutor would have you...

0:49:200:49:22

..give up on him. Wash your hands. Kill him.

0:49:250:49:28

He would have you kill him.

0:49:280:49:30

But we're better than that.

0:49:310:49:34

Ladies and gentlemen, this is the aggravated circumstance.

0:49:340:49:39

Attempting to kill...

0:49:390:49:41

Killing or attempting to kill two or more people.

0:49:410:49:44

How much does what they have put in front of you lessen...

0:49:440:49:50

this?

0:49:500:49:52

I don't know what it is, but we've got a problem

0:49:520:49:56

in this country...where we create broken young men.

0:49:560:50:02

And when they get to a point where they are so broken,

0:50:020:50:05

we wash our hands of them.

0:50:050:50:06

And we stick a needle in their arm.

0:50:070:50:09

Ladies and gentlemen, I submit to you that we are better than that.

0:50:110:50:15

When we actually went to deliberations,

0:50:270:50:29

many of us were on the fence.

0:50:290:50:31

There where a couple that had already made their mind up,

0:50:310:50:34

but most of us were on the fence.

0:50:340:50:39

So I don't think there was a lot of tension the first night,

0:50:390:50:43

but there was... Definitely the tension got pretty big the next day.

0:50:430:50:46

There is pressure. The pressure starts to mount a little bit,

0:50:490:50:56

because, um, there's that continual dialogue

0:50:560:51:01

and continual conversation of why they have their position

0:51:010:51:07

versus why you have your position, and trying to close that gap.

0:51:070:51:12

You had those people that,

0:51:150:51:17

"I'm not leaving this room unless the death penalty one is signed",

0:51:170:51:23

those people wanted death, they just wanted him dead.

0:51:230:51:27

I'm surprised that I didn't want him to die. You know?

0:51:300:51:35

I thought this was going to be easy, this was going to be an easy one.

0:51:350:51:39

Uh-uh, it wasn't at all, far from it.

0:51:400:51:43

You just have to think about what happened to the Schoberts.

0:51:450:51:48

And all those swings of a sledgehammer, all that calculating,

0:51:480:51:53

and all those other things just don't carry that much weight.

0:51:530:51:59

I mean, for me, at that point,

0:51:590:52:01

it just was obvious that it had to be death.

0:52:010:52:05

I remember at one point sitting there thinking,

0:52:060:52:09

"What do these ten people see that I don't see?"

0:52:090:52:13

Because I am hanging on to the mitigating evidence of this

0:52:160:52:21

antisocial personality disorder, that there is mental illness here.

0:52:210:52:26

The death penalty is appropriate.

0:52:260:52:28

Besides the crime that he committed...

0:52:280:52:32

I mean, if he could do that to them, just think, what would be next?

0:52:320:52:37

I can't even think of anything more horrifying.

0:52:390:52:42

There's a lot of pressure in there.

0:52:420:52:44

People thinking that I'm crazy for not wanting him to die.

0:52:460:52:50

That was said a lot, like, "What's wrong with you?

0:52:500:52:54

"Why wouldn't she want him to die? He took two innocent lives.

0:52:540:52:58

"He deserves to have his life taken away from him."

0:52:580:53:02

Those were their thoughts.

0:53:020:53:05

I just kind of broke down and said,

0:53:070:53:11

"Would anybody be offended

0:53:110:53:15

"if we all just prayed right now, together?"

0:53:150:53:20

We prayed for the Schoberts' family

0:53:250:53:29

and we prayed for Shawn's family,

0:53:290:53:32

and we prayed for Shawn.

0:53:320:53:36

Then we prayed for wisdom, because, you know, it is just such

0:53:370:53:42

a big responsibility, and you don't want to do the wrong thing.

0:53:420:53:46

Hey, Greg, it's Tom,

0:53:540:53:56

I'm just calling to let you know that there is a verdict

0:53:560:53:58

coming in and they are going to take it as soon as the family gets here.

0:53:580:54:02

It all comes down to this. This is it. It all comes down to this.

0:54:070:54:11

-How are you feeling?

-Nervous.

0:54:130:54:15

Um... Terrified. I'm going to go throw up.

0:54:170:54:20

If you think I'm scared, imagine what he's feeling.

0:54:230:54:25

Please be seated, everyone.

0:54:440:54:46

Ladies and gentlemen of the jury,

0:54:510:54:53

would you please provide the verdict forms to my bailiff?

0:54:530:54:56

The court has been furnished with two verdict forms,

0:55:140:55:17

each of which has been signed in ink by all 12 members of the jury.

0:55:170:55:22

The verdict form reads,

0:55:220:55:24

"We, the jury, being duly empanelled and sworn,

0:55:240:55:27

"do hereby find that the aggravating circumstances that

0:55:270:55:30

"the defendant was found guilty of committing DO outweigh

0:55:300:55:33

"the mitigating factors presented in this case

0:55:330:55:36

"by proof beyond a reasonable doubt.

0:55:360:55:39

"We therefore unanimously find that the sentence of death..."

0:55:390:55:42

SOBBING

0:55:420:55:43

"..should be imposed upon Shawn E Ford Jr."

0:55:430:55:46

After we made the final decision for the death penalty,

0:56:040:56:09

one of the jurors was like, "I don't want to pray."

0:56:090:56:13

And I was OK with it.

0:56:170:56:19

-TEARFULLY:

-I didn't either.

0:56:190:56:21

(I didn't either.)

0:56:240:56:25

We had did the right thing, and we knew it.

0:56:290:56:31

They were not leaving that room unless the death penalty was signed.

0:56:410:56:45

And so, I guess that is why I caved and I knew that they weren't.

0:56:500:56:53

Was it the right thing to do? No, I don't think it was, but I did it.

0:56:530:56:57

It's something that I have to live with for the rest of my life.

0:57:020:57:06

I think I was probably shocked at the verdict,

0:57:120:57:17

although I shouldn't have been.

0:57:170:57:19

I think I let myself believe in the hope that we had

0:57:190:57:23

that we could save Shawn's life at that time.

0:57:230:57:26

And when it came back the way it came back,

0:57:260:57:31

it knocked me back a good deal.

0:57:310:57:34

Right now, I don't want to do this work any more.

0:57:340:57:37

I will do this work some more, but right now,

0:57:370:57:39

I don't want to do this work any more.

0:57:390:57:42

It's sad. Such a sad process to be a part of.

0:57:490:57:52

From my perspective, the government taking

0:57:560:57:59

the life of one of its citizens is so inherently wrong...

0:57:590:58:04

that when I was involved in the process,

0:58:040:58:06

I feel like I'm fighting that.

0:58:060:58:08

But when the process is over, I just feel dirty, like I'm a part of it.

0:58:080:58:12

And, er, I don't like being a part of it.

0:58:120:58:15

But someone's got to do it, so we'll keep fighting.

0:58:150:58:20

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