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Killer with a Camera

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-RECORDING:

-911...

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Shots fired, I've been shot.

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Every time you see the news about a deadly tragedy,

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it's always either considered senseless or people will never find

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out why the killer did what he did.

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But here is everything for the reasons I did this.

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You may consider them bad reasons, but that's you.

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Not me.

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If there's one thing that America has taught over several generations,

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it's that you must seek revenge in the name of justice.

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And whoever hurt you will not get away with it.

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You will come back stronger, hunt them down, kill the perpetrator.

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You send the message that no-one can be allowed to do this again,

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or there will be dire consequences.

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It's the American way.

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Sunny Cape Cod - there is no greater place on earth,

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and I often refer to it as God's country.

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It's been such a draw to me, coming back to a place I grew up.

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The lure of the ocean - it has a certain sense of freedom,

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the fresh air.

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I am a private criminal defence lawyer.

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Mr Loya is a fellow with no criminal record, he is now 33 years old.

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The crime had been planned by him.

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It had been orchestrated.

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It was carried out while he suffered a delusional episode.

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He had a delusion at the time, which is a major mental illness.

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And if I wasn't in it to win it,

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I wouldn't have been here from the first place.

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He can win this trial.

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One, two, three, four, five, six, seven, eight, nine, ten.

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Bring the audio up, OK, bring it up.

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Bill's mic, one, two, three, four.

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Police say he murdered one woman, wounded her partner,

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wounded a police officer.

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But defence attorneys actually say he is mentally ill.

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Jurors entering, all rise please.

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You are going to receive all of the available evidence.

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You are going to have the benefit of direct examination

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and cross-examination.

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You are going to have the benefit of the opening statements and the

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closing arguments.

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Something very interesting will likely happen during this trial.

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Police say that during the murders Loya was wearing a GoPro camera

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right here. He actually recorded shooting two women.

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That video will likely be played during the trial.

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In Barnstable, I'm Bill Shields, WBZ News.

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You know, we got called into the court room, and I was kind of surprised,

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I thought, "Oh, my God, I'm on a jury for a murder trial."

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The evidence will show that Adrian Thomas Loya blasted his way,

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using a shotgun,

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through the front door, discharged at least 15 rounds,

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11 of which hit and eventually killed Lisa Trubnikova.

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Anna Trubnikova was hit at least four separate times,

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in the arm, in the chest, in the thigh,

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and at that time the police did not know if

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there was one shooter, two shooters, three shooters.

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He began to open fire at them, and that he hit

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police officer from Bourne, Jared MacDonald.

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This was really a revenge killing against Lisa Trubnikova.

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Thank you, counsel.

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Adrian Loya committed this act,

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and there is an abundance of evidence that he did.

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This is not a whodunnit.

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He was in a delusion. In fact, it was a good against evil scenario.

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Trail cameras,

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265 pages - Loya Wars.

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All of these things he detailed meticulously.

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Evil or...

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..just kind of nuts?

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Call me Loya.

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I am an extremely quiet guy who keeps to himself.

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I have very much been a loner my whole life.

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I have your typically geeky interests.

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Although I wouldn't consider myself anti-social,

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just not desiring a need for others in order for me to feel all right.

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Ever since I was very little, I've always had a very powerful imagination.

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I've had an incredibly immersive and detailed life of me adventuring in a

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galaxy far, far away.

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Adrian Loya,

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whisked away from planet Earth to be trained as a Jedi

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by Luke Skywalker himself.

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I love my dreams.

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I live for my dreams.

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I have been a lucid dreamer since I was a small boy.

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Guns and phasers never worked in my dreams.

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The Force, though...

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..now, that was something to be reckoned with.

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Adrian loved Star Wars.

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Spaceships, and good versus evil, those were his things.

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And do you solemnly swear the testimony you should give

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to the court and the jury and the issues now...

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I've known Adrian my whole life and he's not a violent person.

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-..nothing but the truth, so help you, God?

-I do.

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Sir, in a nice, loud voice, could you state your name?

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-I'm Jacob Heller.

-Did you know an Adrian Loya?

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-Yes, I did.

-Do you still know him?

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-Yes, I do.

-Do you see him in court here today?

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-Yes, I do.

-Where is he, please?

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And how would you characterise, sir, your relationship with Mr Loya?

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Um, friendship.

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And when did that start?

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In high school.

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I don't think I have a happier picture of him.

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Over all the years I've known him,

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I think this is maybe the happiest I've ever seen him look.

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You know, in high school, we were both kind of loners.

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We weren't going to the popular kid parties.

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Adrian was very introverted.

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He was always a unique guy.

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He was very proud of joining the coastguard.

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He really cared about it.

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He had only a couple of close friends, maybe only one.

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I mean, Adrian was a very black-and-white person.

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Knowing him the way I did, I always thought, like, man,

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he doesn't have the relationships he needs to be like a complete person.

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I don't really have a family like other people. I mean, sure, I have

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a father and a mother, I didn't just arrive on Earth via a pod.

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I just don't have the usual son relationship with them.

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Whenever my family got mad or scolded me on something,

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I'd begin the silent treatment.

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And, thanks to my personality,

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I learned I could keep it up for a long time.

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I've dated four women and slept with ten others.

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I'm rather proud of this number.

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When I did meet a girl who liked almost all of my aspects,

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I tried to cling on because, damn,

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it was hard finding that where I didn't have

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to sacrifice a bit of myself.

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It just took too much effort.

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And it wasn't worth it for the emotional drain if it wasn't going

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to be perfect and last.

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I was just better off being alone.

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So, in late 2009,

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I left the dating world, never to return.

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And so when Adrian told me, "OK, well,

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"the next place I'm going to is Alaska," I was like,

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"Why are you going to Alaska?"

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Like, you're going to one of the most remote places on the Earth.

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In the back of my mind, I thought he made a bad choice.

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But, at the same time, he's my friend.

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I'd just arrived at my new unit on the island of Kodiak, Alaska,

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as an E5 information systems tech.

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The office IT guy.

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A couple of weeks after my arrival,

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a new girl also arrived fresh out of IT school named Lisa Berlanga.

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Something about her voice...

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..breath and touch gave me immediate good flashbacks.

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It was the first time in many years that I hated the fact

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that I was alone.

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Did you ever have any conversations with Mr Loya concerning a Lisa?

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-Yes, I did.

-When did they start?

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Um, at some point during his time in Alaska.

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He told me that he found kind of a kindred spirit and they had

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a lot in common.

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Me and Lisa would make quizzical faces at each other.

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It felt great having her as a friend.

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It began to give you some concerns, didn't it?

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Er, yes, it did. As time went on, his conversations turned to her.

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You know, he was enraptured by her.

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Lisa, I have an incredibly huge crush on you.

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I've pretty much had feelings for you ever since that day we sat on

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the river bank and talked for the first time.

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That was the first day...

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..the Lisa Effect hit me.

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The Lisa Effect is this superhuman ability I found out you have.

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Whenever I talk...

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..work or do anything with you, I feel good.

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Like, really fucking amazingly good.

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Seriously, I have never known anyone else in my life who has been able

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to do that to me.

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It's a pretty cool yet dangerous power you have.

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You know, I'd say, "How's work?" And he'd be like,

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"Well, Lisa's 'this way.'" And I'd say, "OK, well, how's WORK?"

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But, for him, work WAS Lisa.

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Don't develop feelings for this person, don't go down that road.

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You have a lot to lose.

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She's married. Give her a break.

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These two people had a relationship and he seemed to be wanting to get

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into that relationship more closely with both of those people.

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Like, what the fuck, Lisa?

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You're gay and married?

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How is that fair at all?

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I know you don't care about me at all in any capacity.

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Fuck it if I burn for this now.

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Over and over again, he assured me,

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"This is not about love or intimacy.

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"It's not a romantic relationship."

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And, to me, that never made sense.

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He ended up at Lisa's apartment one night.

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He told me he knew maybe he shouldn't be there.

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He just was so excited about having someone to watch TV with,

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to just hang out with, to be around, that he went over there anyway.

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The feeling was amazing.

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This was the first time Lisa ever got hold of me just to ask if I

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wanted to hang out with her specifically.

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Lisa Berlanga wanted Adrian Loya with her.

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It was the happiest I've ever been in my entire life.

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Even with saying that, there was never at any point me hoping that

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this would lead to a romantic or sexual encounter with Lisa.

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Something has to happen, and it was so huge and such a...

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..such a part of his life that it just exploded.

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You know, ultimately, he decided to propel himself towards that outcome,

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and I just... I couldn't understand.

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I still don't.

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Every detail encompassing this night with Lisa was burned into my mind

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with complete vividness.

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He told me that anyone looking at this situation

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will see it in her favour, and they'll blame me.

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He was very worried, very upset.

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He was concerned about potential consequences.

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It was the first day.

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The first day when my mind started down a dark, lonely path.

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The nightmares started soon after.

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Lisa would appear in my dreams...

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..and there was nothing I could do,

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but I was struck with this intense fear and I had to wake up.

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I hate that my dreams have been taken away.

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It was hate that was created in me that day.

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I was filled with hate for someone...

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..for the very first time.

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Just pure, distilled hate and nothing else was in me because of

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this one person, and I'll return to this person so she can look upon her

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creation and she'll be destroyed by what she's wrought.

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I hate Lisa Berlanga.

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Under a chapter he entitles, "The Decision",

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making the choice where I didn't want to play any more, he writes,

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"I then decided that if I was going to leave this life,

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"I would not allow Lisa to be allowed to remain.

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"I had to get revenge, I wanted revenge."

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I left Kodiak and drove clear across the United States.

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I had a pretty good general idea of what I wanted to do,

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but I still didn't know where Lisa actually was.

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All I knew about her was she was somewhere in Cape Cod.

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The finalised plea mission goes like this.

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"Return to Bourne, Mass, to conduct a recon.

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"Make sure Lisa is at her home.

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"I will confirm Lisa is indeed there before I begin anything."

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And you'll hear that he also took a GoPro device,

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a camera in which he could record

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what would happen. You're going to be able to see that.

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When I finally reached the Cape Cod area,

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I decided for a full recon sweep for my preparations.

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MUSIC: The Imperial March by John Williams

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I mounted a small action camera to the passenger sun visor so that it

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could record everything as I drove around.

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It came out perfect.

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This was all kind of a movie to him.

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Kind of a, you know, a game, a video game.

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When he did the reconnaissance drive, he had the music going,

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the Star Wars music.

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You know, he planned this out pretty well.

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He found out where

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Lisa and Anna were living.

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He went to look around their house,

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in that area he set out a deer-cam out in front on a tree.

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I started becoming a pay cheque to pay cheque type person.

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The first pay cheque would go to rent and other bills.

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And then spending money on my new addiction, the want for affection.

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I'd find a nice call girl who I can ask to see

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when I want some attention.

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The best analogy I can give for it is pizza.

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CAMERA SHUTTER CLICKS

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Sure, I can do all the stuff for pizza myself but it's a huge hassle.

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So, I'll go online and order one from Domino's.

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Now, replace pizza with ladies, and Domino's with escorts,

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and there you go.

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I work in the forensics services group which is the crime lab and I'm

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a supervisor for the ballistics section,

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the firearms identification section.

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Could you identify that for us?

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It's a 9mm calibre, the brand is Walther,

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it's a semi-automatic pistol.

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That was the tactical belt that was depicted in the photographs.

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This is the holster, this had the firearm, the handgun in it.

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It's a 5.56mm Smith and Wesson

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M&P15 model, and it's a semi-automatic rifle.

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Semi-automatic means what?

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That when I pull the trigger, it will shoot, eject,

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reload and it will shoot again.

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OK, so, I like guns a lot.

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I think they're pretty cool.

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They're the modern equivalent of the sword,

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not just as a death dealer but as a symbol.

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The gun can bring even the lowliest man on a par

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with the deadliest demon.

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Just watching a movie with a cool gunfight feels awesome.

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As a good guardsman,

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I wanted to be prepared for this final mission of mine.

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I wanted to get an AR-15 but this was after the Aurora and Sandy Hook

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massacres, so there were none available.

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I bought a Remington 887 that look like the Halo shotgun.

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Yeah.

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That's how I choose guns.

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"Does it look sci-fi cool?" is first and foremost.

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Please be seated.

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Jurors have great scepticism for the insanity defence.

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They believe in many respects that it's a loophole,

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that defendants want to wiggle out of some type of criminal responsibility

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or, in a case like this,

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it is intrinsic his mental illness as to whether or not he truly

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intended something criminal and evil and whether he appreciated

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the wrongfulness of his conduct.

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There are certain experts that are going to go forward,

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both psychiatrists and psychologists who are going to give their opinion

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about his mental state.

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..the testimony you shall give to the court and the jury in the issues now pending to be the truth,

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

-I do.

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And were you retained to conduct an examination in this matter?

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-Yes, I was.

-And who were you retained by, please?

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By your office, by you.

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I didn't get it at the beginning.

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No history of violence.

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He's very quiet.

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But I'm still...

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..kind of being bombarded with...

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..too much information.

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He needs to tell me...

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..this happened and that happened and this happened,

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and he has a phenomenal memory.

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What am I dealing with here?

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My opinion is that, um,

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Adrian Loya suffers from a condition in the autism spectrum which I think

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is best categorised as high-functioning Asperger's disease,

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and that, because of that disease,

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that he was unable to conform his conduct to the requirements of the law,

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and namely that the actions were driven or controlled by his

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brain disease. The autism spectrum has a spectrum, namely,

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there are youngsters that are terribly disabled, essentially mute,

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unable to communicate, can't socialise.

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And the spectrum includes people who can be highly functional.

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Dr Kelly is a fellow who has between 300 and 400 cases,

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over 40 years of experience.

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Kelly testifies for the Government.

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For him to have come to my side in this,

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I hope it plays out well for my client.

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Why was it so important, Doctor, for him to...

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..document completely, with all the details, this operation?

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Because it's part of his illness, OK?

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"I'm going to write it all out for you, I'm going to do videos of it,

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"I'm going to strap a GoPro camera to myself."

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He was not going to allow any ambiguity.

0:25:030:25:07

This was the first case of Asperger's in a homicide

0:25:100:25:16

that I've come across, and I've done...

0:25:160:25:19

When I stopped counting, it was 300 to 400.

0:25:190:25:22

The Star Wars story is very attractive.

0:25:230:25:27

It makes relatively complicated things simple.

0:25:270:25:32

"May the Force be with you,"

0:25:320:25:34

it reminds me of almost a religious kind of thing.

0:25:340:25:38

God bless you.

0:25:380:25:39

The evil people have a force, too.

0:25:400:25:44

It's important to Loya that he be on the side of the good, so,

0:25:440:25:49

when he's in this character, which I have called psychotic,

0:25:490:25:54

a functional psychotic state, he is with the good guys.

0:25:540:26:00

He is doing what only he can do,

0:26:000:26:03

which is setting right a terrible wrong.

0:26:030:26:08

You determined through all of the other material you reviewed and

0:26:080:26:11

your some nine hours with him that non-work

0:26:110:26:15

at that point had become preoccupied with some type of good and evil?

0:26:150:26:18

Yeah. Well, she was evil for what she had done for him.

0:26:190:26:23

He then started to incorporate the police into what I'm calling

0:26:230:26:27

a delusional system.

0:26:270:26:29

America is following in the footsteps of any dystopian future story.

0:26:330:26:37

The police are becoming the Stormtroopers of Star Wars

0:26:390:26:42

and the Government is all for it, just like the Empire,

0:26:420:26:46

so in return, I've taken up the emblem of the Rebel Alliance

0:26:460:26:49

of Star Wars as my own personal symbol in fighting back.

0:26:490:26:52

Soon, none of this will matter for me any more.

0:26:550:26:58

The delusional idea is, "I am going to be the tragic, heroic figure.

0:27:030:27:08

"I am going to be like a character in Star Wars.

0:27:080:27:14

"I am going to be the hero."

0:27:140:27:15

STAR WARS MUSIC PLAYS IN CAR

0:27:150:27:18

He's driving back from his scouting expedition.

0:27:220:27:28

He starts to experience a physical reaction.

0:27:300:27:33

GROANING

0:27:330:27:35

All right, I'm...

0:27:350:27:37

I'm...

0:27:390:27:40

Pull over at the side of the road.

0:27:400:27:44

I'm having...

0:27:450:27:48

..a panic attack.

0:27:500:27:52

It was important for him to document it,

0:27:570:27:59

so you see he's got the camera looking up at his face.

0:27:590:28:02

I started hyperventilating.

0:28:020:28:04

I feel paralysed. I... I...

0:28:060:28:09

I can't move.

0:28:090:28:10

He is feeling like something terrible is happening to his body.

0:28:130:28:18

"I'm going to die?"

0:28:180:28:19

I'm putting my hat... Putting my hat on.

0:28:210:28:24

I believe it's the realisation on some level that he

0:28:260:28:32

really could go through with this

0:28:320:28:36

and that that is abhorrent to him on one level

0:28:360:28:41

so the notion of taking another person's life actually

0:28:410:28:48

is kind of foreign to him in his core personality.

0:28:480:28:55

And he can't do harmful things to people when he is not in,

0:28:560:29:04

in my opinion, this delusional state.

0:29:040:29:08

I started thinking about it.

0:29:080:29:10

This is incredibly crazy, what I've been planning to do.

0:29:120:29:16

You know, it's fucking crazy that I want to...

0:29:190:29:23

..conduct a mission to go murder a girl...

0:29:240:29:26

..and then die.

0:29:270:29:29

It's not exactly the healthiest thoughts.

0:29:310:29:34

I thought long and hard about what I was wanting to do.

0:29:400:29:42

Was it all just a grotesque fantasy that I had developed for Lisa?

0:29:440:29:47

Can I just drop it and resume life?

0:29:490:29:51

I thought about it at work and I thought about it at home all month.

0:29:530:29:56

I began making bald spots on my eyebrows because I kept yanking

0:29:590:30:03

the hairs as I thought.

0:30:030:30:06

He couldn't dismiss it.

0:30:060:30:08

He couldn't... He was obsessed with it.

0:30:080:30:10

It kept on intruding in his thoughts.

0:30:100:30:12

I thought about what I wanted in life, and all that was

0:30:140:30:18

was seeing the new Star Wars film some time past December.

0:30:180:30:20

I needed a hard date.

0:30:230:30:24

My birthday arrived on February 5th, so it was decided.

0:30:260:30:30

I would go out on my 31st birthday.

0:30:310:30:34

Going out on my birthday would be poetic.

0:30:360:30:38

And, eventually, it's really game on.

0:30:550:30:59

His birthday - perfect time, "I'm going to end on my birthday."

0:30:590:31:04

All the loose ends have been taken care of.

0:31:050:31:10

He took Ex-Lax the night before the event because he didn't want

0:31:100:31:16

the people dealing with his bullet-ridden body

0:31:160:31:20

to have to deal with the fact

0:31:200:31:22

that when you're shot, you might lose control over your bowels.

0:31:220:31:26

He can't just kill her

0:31:280:31:30

and get away with it, he needs to be killed.

0:31:300:31:33

That is moral, that is what the Force would have you do.

0:31:330:31:37

I was in an airport in Texas and I was coming home and I got a call.

0:31:490:31:53

And his name popped up on my phone.

0:31:550:31:57

It had been so long since he called me, I almost thought, like,

0:31:570:32:01

this has got to be a mistake.

0:32:010:32:02

He was, like, "Oh, what's going on?"

0:32:030:32:05

It was just like a normal phone call.

0:32:050:32:08

Erm...

0:32:080:32:09

Or at least I thought it was a normal phone call at the time.

0:32:110:32:14

He wanted me to watch this video of this website that he visits,

0:32:140:32:18

-Giant Bomb.

-I've got some boxes.

0:32:180:32:21

-What have you got?

-I don't know what any of these are.

0:32:210:32:23

He gave away a bunch of expensive stuff to this website

0:32:230:32:27

that he was a fan of.

0:32:270:32:28

Let's start with this one.

0:32:290:32:31

They opened up a package full of things that he had given them.

0:32:310:32:34

OK.

0:32:340:32:35

Wow.

0:32:360:32:38

This is...

0:32:380:32:39

-..the Star Wars symbol.

-The package had, like, Star Wars stuff, toys.

0:32:410:32:46

This is fucking cool.

0:32:460:32:48

-Gray Fox.

-Oh, my God.

0:32:480:32:50

-Sick Star Wars hat.

-Nice.

0:32:500:32:52

And he gave them, I believe, a live weapon, like a .22 rifle.

0:32:520:32:58

Good Lord.

0:32:590:33:02

That is...

0:33:020:33:03

-That is all metal.

-I don't know if you see that, but...

0:33:030:33:06

Thank you, Adrian, you're insane.

0:33:100:33:12

Why would you give this...?

0:33:120:33:16

His letter had a line in it...

0:33:160:33:19

"Keep your finger off the trigger until your sights are on the target."

0:33:190:33:22

-Uh-huh.

-"Be sure of your target and what is beyond it."

0:33:220:33:25

-Mm-hm.

-"Be aware of the audience around you and how easily they could

0:33:250:33:29

"freak out. Much love and beef, Adrian,

0:33:290:33:34

"aka Hyper Aqua Blast on the internet and Purple Rebel in the field of battle."

0:33:340:33:40

Did he try to tell me something and I didn't get it?

0:33:410:33:44

Like, could I have done something?

0:33:440:33:46

And I think about this constantly every day.

0:33:460:33:50

Holy...!

0:33:500:33:52

It's just that feeling of responsibility,

0:33:520:33:55

like, I was the last person he talked to and he still

0:33:550:33:58

went through with it.

0:33:580:33:59

When I went out back here, I could see flames coming up over my fence.

0:34:130:34:17

I just started recording.

0:34:190:34:21

Oh, shit.

0:34:240:34:25

I'm down on Round House Road right now.

0:34:250:34:27

Fucking cars exploding. I don't know what the deal is.

0:34:270:34:31

Holy shit. Right in my back yard.

0:34:320:34:35

EXPLOSION

0:34:350:34:37

There's fireworks going off.

0:34:370:34:38

Something must have exploded in the back.

0:34:380:34:41

As soon as I stopped my last video...

0:34:410:34:45

..I had heard a loud gunshot come right over my back.

0:34:470:34:51

It sounded very close.

0:34:510:34:53

I called 911 at that point.

0:34:530:34:55

-POLICE RADIO:

-5-22, start heading to Round House Road

0:34:560:34:59

for a reported car fire.

0:34:590:35:01

22, received.

0:35:030:35:04

Myself and my detective sergeant are walking up this road.

0:35:080:35:11

We find this car that's on fire, fully engulfed right here.

0:35:110:35:14

-RADIO:

-Be advised, it's right in the middle of the road.

0:35:140:35:17

We've got a burning car and there is something else going on up the road,

0:35:180:35:21

but we don't really know. It was so chaotic.

0:35:210:35:24

...fire engine, 1-25, zone three.

0:35:240:35:27

Road vehicle fire.

0:35:270:35:28

We got radio transmissions for...

0:35:300:35:32

..somebody shooting, we got radio transmissions for possible fireworks

0:35:330:35:36

-prior to that.

-Right beside on the side of the road,

0:35:360:35:40

there was what appeared to be an IED or improvised explosive device.

0:35:400:35:46

Everybody here was thinking, "Oh, my God, what is going on?"

0:35:460:35:51

On-scene trooper found a device by the fire hydrant.

0:35:510:35:55

Unknown what it is, it has wires coming out of it.

0:35:550:35:58

The mystery unfolds as you live in it.

0:35:580:36:02

Units on the scene, a possible suspect,

0:36:020:36:04

a white male dressed in black with khakis.

0:36:040:36:06

I want to do something that matters.

0:36:100:36:12

I want my life to count for something.

0:36:130:36:15

I never really had anything to fight for, but I do now.

0:36:170:36:19

Something bad happened to me and sadly it is now that I have a reason

0:36:210:36:25

to fight.

0:36:250:36:26

The video of the actual incident was pretty intense...

0:36:300:36:37

..and sad.

0:36:380:36:40

To see Lisa's face, that's something that will stay with me forever.

0:36:420:36:48

I will always see her face when I first think about this trial.

0:36:480:36:52

Erm...

0:36:530:36:54

I've got to take a break.

0:36:570:36:59

I'm sorry.

0:36:590:37:01

Lisa, what you did hit me very hard.

0:37:090:37:11

I'm truly going to miss you, Lisa.

0:37:130:37:15

I want you to believe that.

0:37:170:37:18

Court, all rise, please.

0:38:110:38:13

Ma'am, raise your right hand, please.

0:38:290:38:31

Stand.

0:38:310:38:32

Ma'am, do you solemnly swear the testimony that you give to the court

0:38:340:38:37

and the jury and the issues now pending between the Commonwealth

0:38:370:38:40

and the defendant at the bar shall be the truth, the whole truth

0:38:400:38:43

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

-I do.

0:38:430:38:46

Please be seated, Miss.

0:38:460:38:48

Lisa kept asking, "Who are you?"

0:38:500:38:52

And "What do you want?"

0:38:520:38:54

He did take the mask off.

0:38:550:38:57

-Who was it?

-Erm, it was...

0:38:580:39:01

..Adrian Loya.

0:39:020:39:04

He's, like...

0:39:040:39:05

"See what you've done to me, you're making me do this.

0:39:050:39:09

"This is what I've become."

0:39:090:39:11

And she was asking, "What did I do?"

0:39:110:39:14

Or, "Sorry."

0:39:160:39:17

He said, "It's too late."

0:39:200:39:21

Maybe seconds afterwards, there were shots.

0:39:220:39:26

I knew they weren't at me.

0:39:260:39:27

The sound also went to my left.

0:39:290:39:31

At some point, there were more shots and then I finally felt...

0:39:330:39:37

..getting shot myself.

0:39:390:39:40

I figured we only have seconds to live.

0:39:420:39:45

I turned to Lisa...

0:39:460:39:48

..and I said, "I love you."

0:39:530:39:55

To which she responded...

0:39:560:39:57

.."I love you, too."

0:39:590:40:00

And we were very close.

0:40:010:40:05

She was facing me, kind of,

0:40:060:40:08

and I just turned my head towards her and I kissed her lips

0:40:080:40:13

and I remember the lips going numb, or not numb...

0:40:130:40:20

Limp.

0:40:200:40:21

I figured she died, so I'm next.

0:40:220:40:24

I heard...

0:40:260:40:27

..I think, a man saying, "911, what's your emergency?"

0:40:300:40:33

I realised that

0:40:350:40:36

at some point she must have

0:40:360:40:38

dialled 911.

0:40:380:40:40

Where are you?

0:41:060:41:07

-Help!

-Where are you?

0:41:070:41:10

Help!

0:41:100:41:11

Where are you?

0:41:130:41:15

We know that there is an active shooter situation going on...

0:41:200:41:23

..but we don't know where he is,

0:41:250:41:27

how many people there are or what kind of situation we are walking

0:41:270:41:30

into. Right up here, my officer was shot.

0:41:300:41:34

GUNSHOTS

0:41:340:41:36

Shots fired, I've been shot.

0:41:360:41:38

The shots came from the middle of the complex.

0:41:380:41:40

I see his feet, I walk up to him and I can't believe what I'm seeing.

0:41:400:41:45

This is one of my friends.

0:41:450:41:47

He'd been shot in the back.

0:41:470:41:50

Be advised, have made contact with someone.

0:41:500:41:52

Came out of the pine trees.

0:41:540:41:55

We ordered him to come towards us.

0:41:570:41:59

This time, he had his hands up.

0:41:590:42:00

OK, two victims, upstairs bedroom.

0:42:040:42:06

There is nobody else in the house.

0:42:080:42:11

It was approximately 2.30 or so, 2.40 in the morning.

0:42:110:42:15

My phone rang, I answered it, and it was Sergeant John Stowe from the

0:42:150:42:19

Bourne Police Department.

0:42:190:42:21

Then I proceeded to get dressed and respond.

0:42:210:42:24

And what happened when you got to the Bourne Police Department?

0:42:240:42:26

We then proceeded down the hall to a room that we have that we sit down

0:42:260:42:31

with individuals and have conversations or do interviews.

0:42:310:42:33

Did he look like that at the time?

0:42:380:42:40

-No, he did not.

-What was the difference?

0:42:400:42:43

He was clean-shaven, his hair was shorter and...

0:42:430:42:46

..he appears to be a lot lighter in his weight today.

0:42:470:42:50

Did you then interview Mr Loya?

0:42:520:42:54

Yes, I did.

0:42:540:42:56

I'm going to conduct an interview with a Mr...

0:42:570:43:00

-Last name is?

-Loya.

0:43:020:43:03

Over the years, my experiences...

0:43:060:43:08

..in interviews...

0:43:090:43:10

This one was probably one of the most bizarre ones.

0:43:120:43:15

You'll plead guilty to what?

0:43:250:43:27

He was so matter of fact and...

0:43:300:43:32

..really never showed much of an emotion.

0:43:330:43:36

Are you familiar with that address? Have you been there before?

0:43:360:43:38

-Yes, sir.

-OK. And how many times have you been there before?

0:43:380:43:41

-Twice.

-Very detailed.

0:43:410:43:44

It was somewhat amazing.

0:43:450:43:46

-What did you say to her?

-I told her...

0:44:020:44:05

What he told me, that based upon...

0:44:100:44:12

..a past incident that he had with this young lady

0:44:140:44:17

two years prior,

0:44:170:44:18

she was by herself and she invited him over to the house and he alleges

0:44:180:44:22

that she was intoxicated when he arrived and she started to

0:44:220:44:26

"come onto him".

0:44:260:44:27

So that's...

0:44:530:44:55

That's what precipitated from September 9th, 2012 until now,

0:44:550:44:59

that's kind of been fuelling the fire?

0:44:590:45:02

"It was a rape of the mind."

0:45:120:45:14

At first I was thinking, like, "Oh, God, you know, she assaulted him,

0:45:160:45:21

"she sexually assaulted him."

0:45:210:45:23

And then you find out that it wasn't anything.

0:45:230:45:28

If anything, even if it did happen and I don't know that it really did,

0:45:280:45:33

she may have made a pass at him.

0:45:330:45:36

That was it. That was all.

0:45:360:45:38

And he blew it up and turned it into something that it wasn't.

0:45:380:45:44

I'm going to turn this tape off, it's 6.19am.

0:45:450:45:48

It's the first and only case of Asperger's that I've testified

0:45:570:46:01

in court about.

0:46:010:46:02

At the end of it, he was saying, "I was crazy,

0:46:040:46:07

"I don't understand now why I did it.

0:46:070:46:09

"It makes no sense."

0:46:100:46:12

He felt he didn't deserve to be alive.

0:46:130:46:16

He hoped there would have been a court martial cos you can get

0:46:160:46:19

the death penalty.

0:46:190:46:20

He wanted to die.

0:46:220:46:23

Does that fairly and accurately depict what you saw of Miss Trubnikova that night?

0:46:300:46:34

-Yes.

-How many gunshot wounds did you observe?

0:46:340:46:38

Erm, 11.

0:46:380:46:40

And fair to say you numbered them?

0:46:400:46:42

Yes.

0:46:420:46:44

There was a bullet wound below...

0:46:440:46:47

..the left arm.

0:46:480:46:49

This was a bullet wound that resulted in a path that went through

0:46:500:46:56

skin and soft tissue. It went into the chest cavity.

0:46:560:47:01

It went through a lung then it went

0:47:010:47:03

through the pericardium covering the heart.

0:47:030:47:06

It lacerated the aorta...

0:47:060:47:09

..went through the pericardium again,

0:47:100:47:13

went through her lung and then broke her rib on the opposite side.

0:47:130:47:17

Raise your right hand, please. Do you solemnly swear the testimony

0:47:300:47:33

-that you give to the court and the jury...

-What's your connection to this case?

0:47:330:47:36

The District Attorney's office asked me to evaluate the defendant in this

0:47:360:47:40

case for criminal responsibility.

0:47:400:47:43

In my opinion, Mr Loya was criminally responsible for his actions.

0:47:430:47:47

Dr Kelly, another forensic clinician, gave the opinion that

0:47:490:47:53

Mr Loya was suffering from autism spectrum disorder.

0:47:530:47:57

And in my opinion, he does not suffer from autism.

0:47:570:48:01

Shyness, awkwardness is not autism.

0:48:010:48:05

Mr Loya thinks of himself as a victim and has some fantasies

0:48:050:48:11

that he is like a superhero or a Star Wars hero.

0:48:110:48:15

But one has to... As a forensic psychiatrist,

0:48:160:48:18

you don't take someone's view of what they are necessarily,

0:48:180:48:22

you also have to look at their behaviour.

0:48:220:48:24

Mr Loya has a personality disorder, severe maladaptive personality.

0:48:250:48:32

He tends to be rejection-sensitive, closed,

0:48:320:48:36

anticipates shame and humiliation.

0:48:360:48:39

He is sad a lot of the time and then he has kind of a smouldering anger

0:48:390:48:45

-that bursts out.

-Did the disorders make him unable to appreciate the

0:48:450:48:50

criminality or wrongfulness of his actions?

0:48:500:48:52

No, in my opinion,

0:48:520:48:53

they were irrelevant to his ability to appreciate criminality

0:48:530:48:57

or wrongfulness.

0:48:570:48:58

He meticulously planned this crime.

0:49:000:49:03

And he did that with a clear mind.

0:49:100:49:12

There was weighing going on before.

0:49:130:49:16

RECORDING: I started thinking about it, about, you know,

0:49:160:49:19

it's incredibly crazy what I'm planning to do.

0:49:190:49:23

And that indicates that you can control yourself,

0:49:230:49:27

you're just choosing not to.

0:49:270:49:28

It's fucking crazy that I want to...

0:49:280:49:30

..conduct a mission to go and murder a girl.

0:49:310:49:34

And in this case, there was a mountain of evidence that he knew

0:49:340:49:36

what he was doing was wrong.

0:49:360:49:38

It's not exactly the healthiest thoughts.

0:49:380:49:42

Did you interview Mr Loya?

0:49:420:49:44

Erm, no.

0:49:440:49:45

You had five months to seek him out, sit with him, talk to him, right?

0:49:450:49:50

And you didn't avail yourself of that?

0:49:500:49:52

Her biggest weakness, and it shows on its face,

0:49:580:50:01

is her not interviewing my client.

0:50:010:50:05

That cuts at the very core of what she does.

0:50:050:50:07

She had to evaluate pursuant to other people's work.

0:50:070:50:11

I think that totally undercut her.

0:50:110:50:13

Liam, what this jury is going to have to decide in the coming days

0:50:160:50:19

is whether or not Adrian Loya knew right from wrong.

0:50:190:50:23

His actions were under the control of a functionally paranoid,

0:50:290:50:33

delusional system and he was incapable of a force of personal will

0:50:330:50:38

to stop the system and the ultimate homicide.

0:50:380:50:41

Mental illness alone

0:50:420:50:44

is not an excuse to murder the woman you could never have.

0:50:440:50:51

The lawyers had done their closing arguments.

0:50:510:50:54

I just happened to look over at Loya and he looked right at me...

0:50:540:51:01

..and started to mouth something.

0:51:020:51:05

And that really frightened me.

0:51:050:51:08

What did he say?

0:51:100:51:11

Guilty.

0:51:130:51:14

"Guilty".

0:51:170:51:19

He looked at them and said certain things that caused me

0:51:190:51:24

terrific anguish.

0:51:240:51:25

It was astonishing to me.

0:51:280:51:29

After I had been fighting now for him for over 30 months...

0:51:310:51:34

..he said, "Guilty."

0:51:360:51:38

Mr Loya.

0:51:390:51:40

If there is any repeat conduct on your part like what I have observed,

0:51:410:51:49

I will consider removing you from the trial process and having you

0:51:490:51:56

confined in the lock-up watching further proceedings by video link.

0:51:560:52:01

Do you understand me, Mr Loya?

0:52:010:52:04

Yes, your honour.

0:52:050:52:06

After a hard-fought trial, the jury was just going out.

0:52:100:52:13

For him to do it at that critical stage was so frustrating.

0:52:130:52:17

Jurors, your exhibits and verdict slips will be along shortly.

0:52:200:52:25

The text of the charge will follow as soon as the stenographer

0:52:250:52:30

can produce it and it can be proofread.

0:52:300:52:32

All rise for the jury, please.

0:52:330:52:35

We really weren't sure exactly how everybody felt

0:52:440:52:49

to be able to say guilty or not guilty.

0:52:490:52:52

In modern life, in my generation,

0:52:560:52:58

we used the phrase "you're crazy" or "he's crazy" or "they're crazy",

0:52:580:53:01

and this phrase has lost all meaning to people of my generation because

0:53:010:53:06

everyone says it about everything, but when you really think about it,

0:53:060:53:09

when you're...

0:53:090:53:11

making very irrational choices over and over and over again and you

0:53:110:53:16

can't see beyond those choices...

0:53:160:53:17

..what is that if not insanity?

0:53:180:53:20

I was surprised at myself.

0:53:230:53:25

I knew that I could be impartial,

0:53:250:53:28

but I didn't realise how impartial I could be.

0:53:280:53:31

I really didn't have anything in my head, you know, thinking,

0:53:310:53:35

"Oh, he's got to be guilty." I didn't feel that way at all.

0:53:350:53:39

I quite frankly...

0:53:520:53:54

Walking on eggshells.

0:53:540:53:55

Whether it's ten minutes or ten, 11, 12 hours,

0:53:570:54:01

your head is somewhat spinning, you don't know what to make of it.

0:54:010:54:04

What say you, Madam Forelady?

0:54:110:54:14

The defendant Adrian T Loya is charged with murder.

0:54:140:54:19

Is he not guilty, not guilty lack of criminal responsibility,

0:54:190:54:24

guilty first-degree murder, guilty second-degree murder,

0:54:240:54:28

or guilty manslaughter?

0:54:280:54:29

Guilty first-degree murder.

0:54:310:54:33

He knew what he was doing.

0:55:020:55:03

I do think he thought he was going to get away with it.

0:55:060:55:08

I think he thought he was going to go to the police station, tell them,

0:55:080:55:13

"Yes, I killed her, yes, I planned it, but here's why.

0:55:130:55:16

"So, you know, it's OK."

0:55:180:55:20

That would be a pretty crazy thing to think.

0:55:220:55:25

Yes.

0:55:280:55:30

He's crazy a little.

0:55:300:55:32

He wasn't crazy enough to be...

0:55:320:55:34

..not guilty.

0:55:350:55:36

It's strange, looking at the same set of facts and coming to a very

0:55:390:55:44

different conclusion than you've ever come to.

0:55:440:55:47

He is a person with nobody.

0:55:520:55:53

What kind of person is that?

0:55:570:55:58

When you have nobody, do you even exist? I mean...

0:55:580:56:01

I don't know.

0:56:040:56:05

He lived maybe a lonelier life than I...

0:56:060:56:09

..had ever thought.

0:56:100:56:12

And that I should have... Me personally,

0:56:150:56:17

I probably should have been in better contact with him.

0:56:170:56:20

My life with Lisa was beginning to flourish since we left Alaska,

0:56:380:56:42

where our initial troubles with Adrian Loya began.

0:56:420:56:46

We were happier than we had ever been and loving every aspect

0:56:480:56:52

of our life together.

0:56:520:56:53

On February 5th 2015, I lost everything I had,

0:56:550:57:00

loved, and everything I believed in.

0:57:000:57:02

It was the most devastating day of my life.

0:57:040:57:06

Yes, we begged and pleaded to be spared,

0:57:140:57:17

for the nightmare to be just that.

0:57:170:57:19

But I also know that once I was shot all those times...

0:57:210:57:25

..my body felt numb, at an eerie peace.

0:57:260:57:29

It felt warm and all the pain and suffering ceased.

0:57:310:57:34

Lisa got to hear that she is loved and she felt my lips on hers

0:57:360:57:40

before she took her last breath.

0:57:400:57:42

She wasn't alone.

0:57:420:57:44

She was loved.

0:57:440:57:46

She felt love.

0:57:460:57:47

If there's one thing that America has taught over several generations,

0:57:580:58:02

it's that you must seek revenge in the name of justice.

0:58:020:58:05

And whoever hurt you will not get away with it.

0:58:070:58:10

You'll come back stronger, hunt them down and kill the perpetrator.

0:58:120:58:16

You send a message that no-one can be allowed to do this again

0:58:190:58:22

or there will be dire consequences.

0:58:220:58:24

It's the American way.

0:58:280:58:29

In the end, though...

0:58:440:58:45

..when all is said and done, nothing will have changed.

0:58:460:58:50

I'll be known as a villain and I'll be dead.

0:58:500:58:52

I'll just be labelled as another crazy with a gun

0:58:540:58:57

and the rest of America will just sit back in their couch.

0:58:570:59:00

Your honour, I'll ask for no mercy for Adrian Loya.

0:59:090:59:13

He is a threat to our society and I truly believe that he is capable

0:59:160:59:20

of doing this again.

0:59:200:59:22

He will hurt others the way he has hurt Lisa and me and in no way

0:59:260:59:31

should he ever be granted the opportunity to be a free man.

0:59:310:59:34

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