Murder on a Sunday Morning

0:00:02 > 0:00:08This programme contains some scenes which some viewers may find upsetting.

0:00:30 > 0:00:34The suspect's going to be a skinny black male, wearing dark shorts,

0:00:34 > 0:00:38possibly using, like, a small Derringer-type pistol.

0:00:42 > 0:00:45Very, very tragic. Very tragic.

0:00:53 > 0:00:56I'm Pat McGuinness. I'll be 50 on Christmas Day.

0:00:57 > 0:01:00And I defend people charged with killing people.

0:01:08 > 0:01:11James Stevens and his wife were at their local Ramada Inn.

0:01:13 > 0:01:15They went to a continental breakfast.

0:01:15 > 0:01:20As they left, they were walking down a breezeway in that hotel,

0:01:20 > 0:01:25and somebody shot and killed Mr Stevens' wife.

0:01:31 > 0:01:38At that same time, Brenton Butler was at his home saying good morning, taking care of his dog,

0:01:40 > 0:01:46but those two events collided about two-and-a-half hours later.

0:01:46 > 0:01:50He was arrested by the police and taken to be viewed by Mr Stevens,

0:01:50 > 0:01:54and Mr Stevens identified him as the man who shot his wife.

0:02:00 > 0:02:06This entire case, everything important took place in two hours,

0:02:06 > 0:02:10between 7 and 9 on a Sunday morning.

0:02:11 > 0:02:15And what the jury ultimately comes to believe about those two hours

0:02:15 > 0:02:22is going to determine whether Brent goes to prison for life or is returned to his family.

0:03:00 > 0:03:05On the morning of 8th May, I first read about the Brenton Butler case in the paper.

0:03:05 > 0:03:13The article said a 15-year-old black kid had shot and murdered a white tourist,

0:03:13 > 0:03:16and that he had confessed.

0:03:16 > 0:03:19If true, that appeared to be the end of the story.

0:03:19 > 0:03:22My immediate reaction was he had thrown his own life away,

0:03:22 > 0:03:26as well as that of the tourist.

0:03:27 > 0:03:31I had a chance later that morning to meet Brenton Butler for the first time.

0:03:31 > 0:03:36What he told me about the case made sense.

0:03:36 > 0:03:41What he told me about how the detectives had treated him made me angry,

0:03:41 > 0:03:44and as I learned more, I became increasingly angry.

0:03:50 > 0:03:55The suspect's going to be a skinny black male, wearing dark shorts,

0:03:55 > 0:03:57unknown shirt, had on a hat.

0:03:58 > 0:04:03Last seen on foot, running southbound,

0:04:03 > 0:04:07possibly using like a small Derringer-type pistol.

0:04:09 > 0:04:15And the latest update is a black male with a fish-like hat on, with a cloth build.

0:04:23 > 0:04:26OK, Officer Martin, I've asked you here today because you've been listed by the State

0:04:26 > 0:04:30as a potential witness in the cases pending against Brenton Butler.

0:04:30 > 0:04:33Specifically, Mr Butler's been charged with responsibility

0:04:33 > 0:04:36for the death of Mary Anne Stevens on or about 7th May of 2000.

0:04:36 > 0:04:38I'm Ann Finnell.

0:04:38 > 0:04:42I'm an attorney with the Public Defender's Office in Jacksonville, Florida,

0:04:42 > 0:04:45and I've worked here for almost 23 years.

0:04:45 > 0:04:49The canine officer, we were talking about how little we had,

0:04:49 > 0:04:51just a black male in the area.

0:04:51 > 0:04:55And I was actually facing north, and he was facing south,

0:04:55 > 0:04:58and he said, "Well, there's a young black male right there,

0:04:58 > 0:05:00"it could be him, it could be anybody."

0:05:00 > 0:05:04I said, "Well, OK, I'll go talk to him," you know?

0:05:04 > 0:05:07Being that we didn't have much to go on, I said, "Well,

0:05:07 > 0:05:08"I'll go round there and talk to him."

0:05:08 > 0:05:11So, I pulled out and drove over to him.

0:05:11 > 0:05:14I told him that we had a murder up the street,

0:05:14 > 0:05:16that the police were looking for anybody that may be able to help us

0:05:16 > 0:05:18solve it, or anybody who could have seen anything.

0:05:18 > 0:05:23I asked him if he lived in the area, he said, yes, he lived nearby.

0:05:23 > 0:05:25I said, "Well, would you mind coming up here and talking

0:05:25 > 0:05:29"to the detectives for a minute and telling them if you'd seen anything."

0:05:29 > 0:05:30He goes, "No, not at all."

0:05:30 > 0:05:33When you get to the hotel, where do you park?

0:05:33 > 0:05:38I parked almost in that ditch, somewhere along in here.

0:05:38 > 0:05:39I was half hanging in and out of it.

0:05:39 > 0:05:42I remember having to jump across that ditch.

0:05:42 > 0:05:44OK, so then what happens?

0:05:44 > 0:05:47They went and talked amongst themselves for a minute or two

0:05:47 > 0:05:51and went and got the victim's husband,

0:05:51 > 0:05:57and he indicated that Brenton Butler was the person who shot his wife.

0:05:57 > 0:06:00So he's about 50 feet away and he says, "That's the guy?"

0:06:00 > 0:06:05Right. And we were all, well, kind of taken aback.

0:06:05 > 0:06:08So, we had him come over even closer almost to the car at that time,

0:06:08 > 0:06:11and he looked again and said, "Yeah, that's the guy."

0:06:11 > 0:06:15Officer Martin came in and candidly admitted that the only reason

0:06:15 > 0:06:20Brenton Butler was even stopped that morning was

0:06:20 > 0:06:24because he happened to be a black male walking in the neighbourhood.

0:06:24 > 0:06:26Now, think about that.

0:06:26 > 0:06:29That means for every African-American in Jacksonville, Florida,

0:06:29 > 0:06:32if they happen to be walking down the street,

0:06:32 > 0:06:36lawfully going about their own business, not doing anything wrong,

0:06:36 > 0:06:42that they're subject to being stopped and asked to get in a police car

0:06:42 > 0:06:45and driven away from what they're doing...

0:06:47 > 0:06:51..and subject to being shown to the victim of a crime,

0:06:51 > 0:06:58with the possibility that that victim would identify them under the most suggestive of circumstances,

0:06:58 > 0:07:02that being that they happen to be sitting in the back seat of a police car.

0:07:02 > 0:07:07And most victims would think that they wouldn't be sitting in the back seat of a police car

0:07:07 > 0:07:10unless they'd done something wrong, right?

0:07:10 > 0:07:14So that's where we are today in Jacksonville, Florida.

0:07:14 > 0:07:22And I personally find that to be disgusting and reprehensible.

0:08:06 > 0:08:08OK, the case set for today

0:08:08 > 0:08:11is the State of Florida versus Brenton Leonard Butler.

0:08:11 > 0:08:14Is the State now ready to proceed with its opening statement?

0:08:14 > 0:08:17- Yes, Your Honour. - OK, Miss Stair, you may proceed.

0:08:20 > 0:08:23Good morning, ladies and gentlemen. May it please the court?

0:08:23 > 0:08:28- Certainly.- On May 7th

0:08:25 > 0:08:28of this year, the defendant, Brenton Butler,

0:08:28 > 0:08:31approached Mary Anne and James Stevens

0:08:31 > 0:08:33at the Ramada Inn

0:08:33 > 0:08:36and he demanded Mrs Stevens' purse.

0:08:36 > 0:08:38Before she had a chance to comply,

0:08:38 > 0:08:41he raised a gun to her face and fired,

0:08:41 > 0:08:45hitting Mrs Stevens at the bridge of her nose, killing her.

0:08:45 > 0:08:48The evidence that you will hear

0:08:48 > 0:08:53that proves the defendant is the one who committed this crime

0:08:53 > 0:08:57really comes down to two things. First, Mr Stevens,

0:08:57 > 0:09:02the only eyewitness to the actual shooting,

0:09:02 > 0:09:06positively identified the defendant as the person

0:09:06 > 0:09:08who did this to his wife

0:09:08 > 0:09:10and he will come here in court

0:09:10 > 0:09:13and he will positively identify the defendant in court.

0:09:13 > 0:09:18The second piece of evidence is that the defendant

0:09:18 > 0:09:20gave a statement to the police

0:09:20 > 0:09:23on the afternoon of the shooting,

0:09:23 > 0:09:25admitting to the shooting.

0:09:32 > 0:09:33That's great.

0:09:33 > 0:09:35- May it please the court?- Sure.

0:09:35 > 0:09:39Counsel for the State. Good morning, ladies and gentlemen.

0:09:41 > 0:09:44The evidence in this case will show you that Brenton Butler

0:09:44 > 0:09:50did not commit this homicide and, in fact, could not have killed

0:09:50 > 0:09:53Mrs Stevens, the morning of May 7th.

0:09:53 > 0:09:58At 12 noon, you will hear that Detectives Williams and Darnell

0:09:58 > 0:10:01began their questioning of Brenton Butler.

0:10:01 > 0:10:06They asked Brenton Butler where he was Saturday night

0:10:06 > 0:10:09and Sunday morning. "On Sunday morning, I woke up,

0:10:09 > 0:10:12"I took a shower, I brushed my teeth,

0:10:12 > 0:10:14"I saw my mum and my little brother.

0:10:14 > 0:10:17"I took care of my dog and, a little after nine,

0:10:17 > 0:10:22"I left to go to Blockbuster, to fill out a job application."

0:10:22 > 0:10:24And the detectives told him,

0:10:24 > 0:10:28"You're lying! We've got an eyewitness."

0:10:28 > 0:10:34Detective Glover arrived at the Homicide Office before 6.00pm

0:10:34 > 0:10:35and he will tell you,

0:10:35 > 0:10:41he will tell you, that he was told that Brenton Butler

0:10:41 > 0:10:47was ready to confess. Ready to confess.

0:10:47 > 0:10:50Here is a boy who has said absolutely nothing but,

0:10:50 > 0:10:52"It's not me, I didn't do this."

0:10:52 > 0:10:57And at 5.56, you'll learn that Detective Glover

0:10:57 > 0:11:01entered the interview room alone to talk to Brenton Butler.

0:11:01 > 0:11:05And Detective Glover said, "You're not innocent.

0:11:05 > 0:11:08"You're not innocent. We've got an eyewitness.

0:11:08 > 0:11:11"It's niggers like you that make me mad these days."

0:11:13 > 0:11:17- And Detective Glover said, "You know, if- I- had done this,

0:11:17 > 0:11:20"I'd have thrown that purse and gun in the woods.

0:11:20 > 0:11:22"Isn't that what you did?

0:11:22 > 0:11:25"Didn't you throw that gun and that purse in the woods?"

0:11:25 > 0:11:30And Detective Glover takes Brenton Butler, alone,

0:11:30 > 0:11:37hanging on to Brenton Butler's belly belt, as Brenton is handcuffed,

0:11:37 > 0:11:42into the woods, deep into the woods.

0:11:42 > 0:11:47And in the middle of the woods, in that semi-darkness

0:11:47 > 0:11:51right before it gets totally dark, ladies and gentlemen,

0:11:51 > 0:11:56Detective Glover hit him in the stomach,

0:11:56 > 0:12:01not once, but twice, and hit him in his face.

0:12:15 > 0:12:19Could you state your name, please?

0:12:17 > 0:12:19James Marion Stevens.

0:12:19 > 0:12:26Now, the Stevens were in 142. That's on this side, right here.

0:12:29 > 0:12:32OK, so, 142.

0:12:33 > 0:12:35Now, this is where they turned.

0:12:37 > 0:12:42It's about 7.30 in the morning. They've got muffins, coffee, paper.

0:12:42 > 0:12:44They're talking to each other as they walk.

0:12:46 > 0:12:51After you finished breakfast, did you see anyone

0:12:48 > 0:12:51- on the way back to your room? - Yes, ma'am.

0:12:51 > 0:12:57I saw a black gentleman walking down the sidewalk ahead of me,

0:12:57 > 0:13:00maybe 100 to 150 feet.

0:13:00 > 0:13:05He had on short pants that went right below the knees

0:13:05 > 0:13:07and a dark shirt.

0:13:07 > 0:13:11Plus, he was wearing a hat with a narrow brim.

0:13:11 > 0:13:14We were proceeding down, talking.

0:13:14 > 0:13:16All this sudden, there was somebody

0:13:16 > 0:13:23in my wife's face and my face and said, "Give me your pocketbook."

0:13:23 > 0:13:27She first said, "Oh!", like that, and she started to drop

0:13:27 > 0:13:31the pocketbook off her shoulder and her arm to give it to him.

0:13:31 > 0:13:35So they looked up and then turned and wheeled.

0:13:35 > 0:13:38He thought the man right handed, which makes sense,

0:13:38 > 0:13:40because the bullet entered here.

0:13:41 > 0:13:48So...turn with your right hand.

0:13:46 > 0:13:48OK, all right. Turn.

0:13:49 > 0:13:53The gun is less than 18 inches from her face.

0:13:55 > 0:13:57He says, "Give me the purse," or, "Give me the wallet."

0:13:57 > 0:13:59There's some conflict about that.

0:13:59 > 0:14:06She starts to take the purse off. Before she can do it, he fires.

0:14:06 > 0:14:12She's falling back.

0:14:09 > 0:14:12How close was he to you?

0:14:12 > 0:14:13Two and a half, three feet.

0:14:13 > 0:14:16What part of his body were you looking at?

0:14:16 > 0:14:18I was looking at his face.

0:14:18 > 0:14:22But you indicated you also saw his gun.

0:14:22 > 0:14:27Yes, after he told her to give him her pocketbook,

0:14:27 > 0:14:31he raised the pistol and shot her, right in here.

0:14:31 > 0:14:34And you're indicating over your nose area.

0:14:34 > 0:14:39- Well, it's in the bridge, right there.- OK.

0:14:38 > 0:14:39You're indicating

0:14:39 > 0:14:43- on the right side, the bridge of the nose, is that correct?- Yes.- OK.

0:14:43 > 0:14:48- Now...- Horseshi... No, not the right side.

0:14:48 > 0:14:51I'm showing you the wrong side.

0:14:50 > 0:14:51It was on this side.

0:14:51 > 0:14:54OK. But you're indicating the bridge area.

0:14:54 > 0:14:57- The bridge area, yes.- OK. Now, the person that did this

0:14:57 > 0:15:02on May 7th, that confronted you and your wife and shot your wife,

0:15:02 > 0:15:05- do you see this person in the courtroom today?- Yes, ma'am.

0:15:05 > 0:15:08Could you identify where he is sitting and what he's wearing?

0:15:08 > 0:15:12He's sitting right below Miss Nell, there. He has a red shirt on.

0:15:12 > 0:15:17I can't see his pants down below the table. And he has on glasses.

0:15:17 > 0:15:20Your Honour, if the record could reflect that the witness

0:15:20 > 0:15:21has identified the defendant.

0:15:21 > 0:15:23- JUDGE:- It shall reflect that.

0:15:23 > 0:15:26Is there any doubt in your mind that this is the person

0:15:26 > 0:15:29that you saw in front of you on May 7th

0:15:29 > 0:15:30pull a gun and shoot your wife?

0:15:30 > 0:15:32There's no doubt, in my mind.

0:15:33 > 0:15:36She fell almost exactly here.

0:15:36 > 0:15:40Now, this is, what? 47 feet to here?

0:15:40 > 0:15:44Apparently, by the time they made it from there to here,

0:15:44 > 0:15:46Mr Stevens believes

0:15:46 > 0:15:49the man had made it back 100 feet or so.

0:15:49 > 0:15:52Start walking towards me from that point.

0:15:55 > 0:15:57That's 150.

0:15:59 > 0:16:00OK, stop.

0:16:04 > 0:16:08So, he's got to make it from there to here in the time

0:16:08 > 0:16:11they make it to here...

0:16:13 > 0:16:14..if that's the guy.

0:16:14 > 0:16:19- All of a sudden, the man was right in front of you?- Correct.

0:16:21 > 0:16:24- Two and a half feet away? - Two and a half to three feet.

0:16:26 > 0:16:28- No warning?- No warning.

0:16:28 > 0:16:31And by that, I mean, you didn't hear the sound of feet

0:16:31 > 0:16:34- running down that concrete sidewalk? - No, I did not.

0:16:34 > 0:16:36You didn't hear the sound of feet running on the grass

0:16:36 > 0:16:39- next to the concrete sidewalk? - No, I did not.

0:16:39 > 0:16:45- You didn't perceive any quick movement in front of your eyes? - Not till he was there.

0:16:45 > 0:16:47And you saw the gun?

0:16:47 > 0:16:49Yes, I did. It was raised.

0:16:49 > 0:16:51- A Derringer-type gun?- Correct.

0:16:51 > 0:16:53Over-under barrel?

0:16:53 > 0:16:56Yes, stack barrel or stack...whatever they call them.

0:16:58 > 0:17:02Mr Stevens, from the time the man appeared suddenly in front of

0:17:02 > 0:17:06you and your wife, to the time he grabbed the pocketbook and ran -

0:17:06 > 0:17:08four to five seconds?

0:17:08 > 0:17:11Yes, in the neighbourhood of four to five.

0:17:11 > 0:17:14- That's what's in the deposition. - Four to five seconds.- Yes.

0:17:15 > 0:17:211,001, 1,002, 1,003, 1,004, 1,005.

0:17:21 > 0:17:25- Approximately that, yes. - That's all the time.- That's correct.

0:17:26 > 0:17:32Now...the shirt that the man had on.

0:17:32 > 0:17:35- You did not see a logo on the shirt, did you, sir?- No, ma'am.

0:17:35 > 0:17:38We're going to look at the physical evidence,

0:17:38 > 0:17:41which will consist of what they took off our client -

0:17:41 > 0:17:44his clothes, his shoes, his underwear -

0:17:44 > 0:17:47not that that's any major concern.

0:17:47 > 0:17:51The items collected at the crime scene -

0:17:51 > 0:17:55his glasses, fragments, a comb.

0:18:11 > 0:18:14This is submission number one, submission number two.

0:19:13 > 0:19:17Mr Stevens, let me show you a photograph

0:19:17 > 0:19:20that has been marked, "Defendant's Exhibit D".

0:19:20 > 0:19:21Yes, ma'am.

0:19:23 > 0:19:25You don't recognise that, do you, sir?

0:19:25 > 0:19:29I'll tell you where it was at, but I did not look at it.

0:19:29 > 0:19:34But I told you that shirt was a dark shirt that he had on,

0:19:34 > 0:19:36and that's the way I identified it.

0:19:36 > 0:19:41- Mr Stevens... - That was on the front of his shirt.

0:19:43 > 0:19:45You're saying that this was...

0:19:45 > 0:19:48What was on the front of his shirt, Mr Stevens?

0:19:49 > 0:19:51A logo, but I told you there was a logo.

0:19:52 > 0:19:57Mr Stevens, are you saying today that there was a logo

0:19:57 > 0:20:01on the front of the shirt worn by the assailant?

0:20:01 > 0:20:03I told you, it was on his back.

0:20:03 > 0:20:05My question today is,

0:20:05 > 0:20:09are you saying today that there was a logo

0:20:09 > 0:20:12on the shirt worn by the assailant?

0:20:12 > 0:20:15No, not the original assailant.

0:20:15 > 0:20:17Of the original assailant,

0:20:17 > 0:20:20there was not a logo on the front of his shirt.

0:20:20 > 0:20:23I believe that, later,

0:20:23 > 0:20:26I told you when we were taking the deposition,

0:20:26 > 0:20:29that I saw a logo on this individual,

0:20:29 > 0:20:33and it was on his back, because I remembered it when he was turning.

0:20:33 > 0:20:38- All right, sir. - There's not any variation of it,

0:20:38 > 0:20:42but he had time after an hour, two hours, to change clothes.

0:20:42 > 0:20:48So, there was no logo on the shirt you saw worn by the assailant,

0:20:48 > 0:20:51- is that correct?- At first.

0:20:51 > 0:20:52No, sir, not at first.

0:20:52 > 0:20:56I didn't want to be terribly hard on the man, because, frankly,

0:20:56 > 0:20:59I think the jury feels like he's been through enough,

0:20:59 > 0:21:03but at the same time, there were certain points that I had to establish.

0:21:03 > 0:21:06I wanted to do that in a nice way and it would have been nicer

0:21:06 > 0:21:08if he hadn't thrown that shirt logo on me.

0:21:08 > 0:21:11It kind of surprised me, when, all of a sudden,

0:21:11 > 0:21:14he started talking about having seen a shirt logo.

0:21:15 > 0:21:20But I think we got out what we needed to get out from Mr Stevens.

0:21:20 > 0:21:25Isn't a true, sir, that you do not recall giving a description

0:21:25 > 0:21:29of the assailant to a uniformed patrol officer,

0:21:29 > 0:21:31who arrived shortly after the incident?

0:21:31 > 0:21:35I did not testify to that in the deposition, no.

0:21:35 > 0:21:38- And isn't it true... - I told you... Excuse me.

0:21:38 > 0:21:42Isn't it true, sir, that you do not recall telling that first officer

0:21:42 > 0:21:47who talked to you that the assailant was a black man with skinny build,

0:21:47 > 0:21:52wearing dark shorts, an unknown colour shirt and a hat

0:21:52 > 0:21:54and carrying a Derringer-style pistol?

0:21:54 > 0:21:56I can't remember what I told him,

0:21:56 > 0:21:58because I don't remember talking to him.

0:22:08 > 0:22:13'This trip to the Butlers is just to clear up

0:22:13 > 0:22:18'some final questions I have about aspects of their testimony.'

0:22:18 > 0:22:24This store over here is probably the only place between the motel

0:22:24 > 0:22:27and Brent's house, on the way to Blockbusters.

0:22:27 > 0:22:33As far as I know, the police have never yet checked it.

0:22:36 > 0:22:40The police sent dive teams on a couple of occasions...

0:22:40 > 0:22:43to check out that pond. Of course, there was no gun.

0:22:46 > 0:22:49But they never bothered to knock on a single neighbour's door,

0:22:49 > 0:22:53to see if anybody had seen him leaving the house

0:22:53 > 0:22:56between seven and eight in the morning.

0:22:57 > 0:23:00There are so many things they haven't checked in this case.

0:23:03 > 0:23:07- The Sunday morning that your brother got arrested...- Yes, sir.

0:23:07 > 0:23:11Do you know about what time you got up that morning?

0:23:11 > 0:23:13- Around 7.30.- OK.

0:23:13 > 0:23:17Now, as I understand it, when you woke up,

0:23:17 > 0:23:21- you heard music from Brent's room, is that right?- Yes, sir.

0:23:21 > 0:23:26- Did you see him come out of his room dressed?- Yes.

0:23:26 > 0:23:33I think you said he had a navy blue and lilac shirt and dark blue polo shorts.

0:23:33 > 0:23:38- What's lilac?- I didn't say that. I did not say that.- OK, well...

0:23:38 > 0:23:42- I said a navy blue Nautica shirt. - Nautica.

0:23:44 > 0:23:45OK.

0:23:45 > 0:23:49And when you woke up, Melissa was already out getting the coffee

0:23:49 > 0:23:51- and so on?- Right.

0:23:52 > 0:23:54- You had your coffee in your room? - Yes.

0:23:54 > 0:23:56- You guys talk for a while?- Yes.

0:23:56 > 0:23:59Do you recall what you chatted about?

0:23:59 > 0:24:01If you don't, that's fine, but if you do...

0:24:01 > 0:24:04Not anything very significant.

0:24:04 > 0:24:06- You didn't see Brent?- I didn't, no.

0:24:06 > 0:24:10- Did you hear him?- I didn't hear HIM.

0:24:10 > 0:24:13I heard music and bumping

0:24:13 > 0:24:16coming from the room.

0:24:18 > 0:24:19OK.

0:24:19 > 0:24:23So, it's almost seven by the time you even check on the boys?

0:24:23 > 0:24:25Right, right.

0:24:25 > 0:24:26You go out and do your devotional,

0:24:26 > 0:24:30- spend maybe 20 minutes out there? - Correct.

0:24:30 > 0:24:32Come back here. Now, he hasn't showered yet.

0:24:32 > 0:24:35- He's just still at the sink. - Still in his boxers,

0:24:35 > 0:24:37because I remember he had on plaid boxers.

0:24:37 > 0:24:40- So, it's maybe around 7.20, then? - Yeah, could have been, yeah.

0:24:40 > 0:24:41All right.

0:24:41 > 0:24:45There was nothing unusual about his demeanour that day?

0:24:45 > 0:24:49- He wasn't sweaty or excited or puffing or anything like that?- No.

0:24:49 > 0:24:52Just the same old Brent. Quiet.

0:24:53 > 0:24:59You frequently go into his room to clean it and so on?

0:24:59 > 0:25:02- You've never seen a gun in there? - No.

0:25:02 > 0:25:05- You've never seen ammunition in there?- No.

0:25:05 > 0:25:07- Never seen a fisherman-type hat?- No.

0:25:07 > 0:25:11- The only hats that you know he's got are these two and the skullcap?- Yes.

0:25:11 > 0:25:16And I talked some about the order of witnesses yesterday.

0:25:16 > 0:25:21We may end with y'all, with Melissa being the last witness...

0:25:24 > 0:25:27..for a variety of reasons. I think you guys tell a strong,

0:25:27 > 0:25:30consistent story about where your son was at the time.

0:25:30 > 0:25:36And of the four of you - no offence, Andre - I think she's cuter

0:25:36 > 0:25:38than you are and makes a better witness.

0:25:38 > 0:25:41SHE LAUGHS

0:25:41 > 0:25:42All right?

0:25:42 > 0:25:49And I think a jury hearing a momma talk about her boy

0:25:49 > 0:25:52and since she actually saw him, like, four separate times,

0:25:52 > 0:25:54she's kind of a critical witness.

0:25:54 > 0:25:59Anyway, that's all the news that fits the print tonight.

0:26:02 > 0:26:08We pray and thank you for giving the defence attorney wisdom from on high.

0:26:08 > 0:26:12But then you are the great attorney.

0:26:12 > 0:26:15We trust in your holy name.

0:26:15 > 0:26:18- Bless this family. Amen. - ALL: Amen.

0:26:35 > 0:26:38- Could you state your name, please? - James H Williams.

0:26:38 > 0:26:41- And where are you employed? - Jackson's Sheriff's Office.

0:26:41 > 0:26:45Within homicide, are you assigned to any particular group?

0:26:45 > 0:26:48Yes, ma'am. I'm assigned Homicide Team Three.

0:26:48 > 0:26:50And who else is in Team Three?

0:26:50 > 0:26:55Our sergeant is Sergeant Joiner. My partner is Detective Darnell.

0:26:55 > 0:26:58Detective Beakowski and Detective Eason.

0:26:58 > 0:27:02Going back to May 7th of this year,

0:27:02 > 0:27:05were you actually there when Mr Stevens was first brought out?

0:27:05 > 0:27:10I was standing at the car, on Richard Street, with Officer Martin and Brenton.

0:27:10 > 0:27:12OK. And tell us about that.

0:27:12 > 0:27:14Mr Stevens walked up, looked at him

0:27:14 > 0:27:17and said, "That's him." But he said, "I want a closer look."

0:27:17 > 0:27:20Mr Stevens asked if he could look closer, which I allowed him to do.

0:27:20 > 0:27:24I actually opened up the passenger side door of the police car,

0:27:24 > 0:27:28and Mr Stevens sat down in the car and he looked at Brenton and said,

0:27:28 > 0:27:30"That's him." I asked him, I said,

0:27:30 > 0:27:34"Are you absolutely positive that this is the person that shot your wife?"

0:27:34 > 0:27:38And his statement was, "I wouldn't send an innocent man to jail."

0:27:38 > 0:27:41- You were the lead detective in the case?- Yes, sir, that's correct.

0:27:41 > 0:27:47So the overall responsibility for the investigation would fall to you,

0:27:47 > 0:27:49- is that right?- Yes, sir, it should.

0:27:49 > 0:27:53How many witnesses did you interview yourself in this investigation?

0:27:58 > 0:28:01I spoke to a Cater Donaldson for a few minutes.

0:28:01 > 0:28:04Did you do a thorough interview of her?

0:28:04 > 0:28:06No, sir, she was too emotional to talk to at the time.

0:28:06 > 0:28:09Did you do a thorough interview of Mr Stevens?

0:28:09 > 0:28:12- No, sir, I did not.- OK.

0:28:12 > 0:28:16- Who did you do thorough interviews of?- Brenton Butler.- OK.

0:28:16 > 0:28:17Anybody else?

0:28:21 > 0:28:22No, sir.

0:28:22 > 0:28:25So, you have this young fellow in there.

0:28:25 > 0:28:29- He was put in a locked room, right? - Yes, sir.- OK.

0:28:29 > 0:28:32- Sound-resistant locked room, right? - Yes, sir.

0:28:39 > 0:28:42FRIENDLY CHATTER

0:28:44 > 0:28:46Is it OK to take a photograph of the room?

0:28:46 > 0:28:48- There's nobody in there, is there? - No.

0:28:48 > 0:28:53- He's a serious guy. He actually married a friend of mine.- Really?

0:28:55 > 0:28:56Let's see...

0:29:07 > 0:29:08Just measuring it.

0:29:08 > 0:29:10It's about ten by ten.

0:29:22 > 0:29:24So you have this young fellow in there

0:29:24 > 0:29:27and you're asking him questions, and he's telling you,

0:29:27 > 0:29:32"I was home and I had yoghurt and did these things, right?"

0:29:32 > 0:29:33Yes, sir.

0:29:35 > 0:29:37Wouldn't it be relatively simple

0:29:37 > 0:29:40to go out and ask his parents, was he home?

0:29:42 > 0:29:45- Yes, sir.- Did you do that? - No, I didn't.

0:29:45 > 0:29:49Well, you do a thorough, competent, meticulous investigation, right?

0:29:49 > 0:29:52Objection, Your Honour. That's argumentative

0:29:52 > 0:29:54and absolutely has no relevance.

0:29:54 > 0:29:57- Overruled. You can have some leeway. - Is that right, sir?

0:29:57 > 0:29:59I try to, yes, sir.

0:29:59 > 0:30:04Wouldn't it be thorough and competent and meticulous

0:30:04 > 0:30:07to just drive out there and pick up the phone and say,

0:30:07 > 0:30:13"Can you tell me what your son's activities were today?

0:30:13 > 0:30:16"If you saw him, when you saw him. What was he wearing?"

0:30:18 > 0:30:22- Could you have done that?- Yes, sir, I could have.- Why didn't you?

0:30:22 > 0:30:27Well, I was in the process of interviewing him. I had positive ID.

0:30:27 > 0:30:31And I had parents that told two detectives that were on my team

0:30:31 > 0:30:36that they had seen their son a few...30 minutes prior to them arriving.

0:30:36 > 0:30:41- He had, he was in our custody at that time. And the parents...- OK, wait here. I'm sorry.

0:30:41 > 0:30:43- JUDGE:- Let him go ahead.

0:30:43 > 0:30:46And the parents had also said it wasn't unusual for Brenton to leave

0:30:46 > 0:30:49early in the morning without them seeing him.

0:30:49 > 0:30:51You knew he didn't have a gun.

0:30:51 > 0:30:53You knew he didn't have a purse.

0:30:53 > 0:30:56You knew he didn't have any money.

0:30:56 > 0:30:58You knew he had a fisherman's hat, right?

0:30:58 > 0:31:00- That's all correct.- OK.

0:31:02 > 0:31:06Did you ask Brent, "Can I go search your house, your room"?

0:31:06 > 0:31:09- No sir, I did not.- Did you get a search warrant for his house?

0:31:09 > 0:31:11No, sir, I did not.

0:31:11 > 0:31:16You wanted to find a gun and a purse and bloody clothes and everything else, right?

0:31:16 > 0:31:18Yes, sir, that would have been nice.

0:31:18 > 0:31:20So why not get a search warrant?

0:31:20 > 0:31:23- Well, we just said we can get a search warrant.- OK.

0:31:23 > 0:31:29Did you go out and knock on any of the neighbours' doors and say, "Excuse me, did you see

0:31:29 > 0:31:34"Brenton Butler outside of his house between seven and eight this morning, or six and eight?"

0:31:34 > 0:31:36- No, sir, I did not.- OK.

0:31:36 > 0:31:38- You didn't do that, May 7?- No, sir.

0:31:38 > 0:31:41Do you consider that thorough and competent?

0:31:43 > 0:31:45Perhaps I should have done, sir.

0:31:47 > 0:31:53If you don't have it organised and you can't immediately,

0:31:53 > 0:32:00what I call, discipline witness by punishing him or embarrassing him when he lies,

0:32:00 > 0:32:05then they feel free to lie or to change the story.

0:32:05 > 0:32:11If, on the other hand, he knows that every time he lies to me,

0:32:11 > 0:32:15I can turn and go, "On June 29, you were under oath."

0:32:15 > 0:32:20"At that time, you were asked these questions and gave these answers, is that right?"

0:32:20 > 0:32:24"You knew what the truth was," and so on.

0:32:24 > 0:32:27That has, erm,

0:32:27 > 0:32:32a chastening effect on the witness. It's like, erm,

0:32:32 > 0:32:39if a dog wets your carpet, you don't discipline him, he'll continue to wet your carpet.

0:32:39 > 0:32:44If a witness lies to you and you don't discipline him or embarrass him,

0:32:44 > 0:32:46they'll continue to.

0:32:46 > 0:32:49If you smack the dog on the nose with a newspaper,

0:32:49 > 0:32:52pretty soon it won't wet your carpet.

0:32:52 > 0:32:53The same is true with witnesses.

0:32:53 > 0:32:57Did you tell Brenton Butler

0:32:57 > 0:33:02that you had sent policemen out to his house, and his parents had been told where he was?

0:33:02 > 0:33:03Yes, sir. As I say,

0:33:03 > 0:33:07the detectives went out to his house and spoke with his parents.

0:33:07 > 0:33:11Well, "spoke" and "tell" are different words. Do you recall which?

0:33:11 > 0:33:14- No, sir, I don't recall which one was said.- Did you tell him

0:33:14 > 0:33:16his parents have been told he was down there?

0:33:16 > 0:33:19I told him his parents were...

0:33:19 > 0:33:21detectives had been out to his house.

0:33:21 > 0:33:26And that...the parents, the detectives had been at his house.

0:33:26 > 0:33:27I don't know what was said,

0:33:27 > 0:33:30I don't remember exactly what was said.

0:33:30 > 0:33:34Detectives had been out to his house, that's one thing I remember saying.

0:33:34 > 0:33:36As far as...how he took it,

0:33:36 > 0:33:41whether they were informed he was there or not, I don't know.

0:33:41 > 0:33:45He asked, "Have my parents come down yet?" I said, "No they haven't.

0:33:45 > 0:33:47"But the detectives have been out to your house."

0:33:47 > 0:33:53On September 27, when you are under oath,

0:33:53 > 0:33:57knowing the matters you were being questioned about well in advance

0:33:57 > 0:34:00and giving the answer that you did,

0:34:00 > 0:34:04- you were certainly trying to tell the truth at that time, right? - Yes, sir.

0:34:04 > 0:34:07And since then,

0:34:07 > 0:34:11you just don't recollect, or did you forget, or what happened?

0:34:11 > 0:34:13No, sir, I just, I don't remember

0:34:13 > 0:34:16exactly how that part of the conversation with Brenton went.

0:34:16 > 0:34:19That's what I said.

0:34:19 > 0:34:22So that part of the whole truth is lost to us, right?

0:34:23 > 0:34:26No, sir. I... I...

0:34:26 > 0:34:33- Do you know how we can establish it? - No, sir.- Then it's lost, isn't it? - If you think so, sir.

0:34:36 > 0:34:39Did you tell him that you would arrange for an attorney for him?

0:34:39 > 0:34:42I said we could see if we could make arrangements for that.

0:34:42 > 0:34:45OK. Did you tell him that you would arrange an attorney for him?

0:34:45 > 0:34:48- I said we could make arrangements for that.- OK.

0:34:48 > 0:34:50Did you make the first arrangement?

0:34:50 > 0:34:54- No, sir, I did not. - Did you pick up the phone?

0:34:54 > 0:34:55No, sir.

0:34:55 > 0:35:00You just told the young man...

0:35:00 > 0:35:04at noon, he had a right to an attorney, right?

0:35:04 > 0:35:08- Yes, sir.- And then you told him you had arranged for one, right?

0:35:08 > 0:35:10- Yes, sir.- But you didn't? - That's correct.

0:35:10 > 0:35:13You didn't take the first step on making good on that promise?

0:35:13 > 0:35:16I didn't promise, sir, I just made a statement to him.

0:35:16 > 0:35:18- And, no, I did not make a phone call.- OK.

0:35:18 > 0:35:23When you say, "We'll arrange an attorney for you," that's not a promise?

0:35:23 > 0:35:26I don't make promises to individuals I'm interviewing.

0:35:26 > 0:35:30- I'm not sure I follow.- If you make...if you say you're going to do something...

0:35:30 > 0:35:36Yes, sir, but it wasn't said, it wasn't brought across as something I promise you I'll do.

0:35:36 > 0:35:39It wasn't said, "I promise you I will go do something."

0:35:39 > 0:35:42So, you only do it if you promise?

0:35:42 > 0:35:45No, sir. You said, you brought the word up, "promise".

0:35:45 > 0:35:48- Well, you didn't do it, right? - That's correct, sir.

0:35:48 > 0:35:51Would you have done it if you'd said, "I promise"?

0:35:51 > 0:35:53Well, I would have decided, when it got to that point.

0:35:55 > 0:35:58You knew less than 100 yards from where you sat,

0:35:58 > 0:36:01there was a court room in operation with a public defender, right?

0:36:01 > 0:36:07Er, I'm, I'm not sure of the distance, but, sure, there was a public trial,

0:36:07 > 0:36:10court room, attorneys were there, by the jail.

0:36:12 > 0:36:16In retrospect, do you think perhaps

0:36:16 > 0:36:20you could have been more thorough and more competent in the investigation?

0:36:20 > 0:36:24Perhaps, sir, it's always to self-judge yourself,

0:36:24 > 0:36:26to make sure you do a better job next time.

0:36:27 > 0:36:29Thank you, sir.

0:36:32 > 0:36:35I'm going to turn your attention to May 8th of this year.

0:36:35 > 0:36:39- Did you find a purse during your morning walk?- Yes, ma'am, I did.

0:36:39 > 0:36:41And where did you find this purse?

0:36:41 > 0:36:44In the dumpster at 63rd Main at All Star.

0:36:45 > 0:36:476.30 the next morning,

0:36:47 > 0:36:55Mr Stevens, who collects cans for part of his living,

0:36:55 > 0:36:57was travelling up this street.

0:36:58 > 0:37:02He found the purse in a dumpster outside an alternator shop,

0:37:02 > 0:37:05walked across the street and called the police.

0:37:07 > 0:37:10He found the woman's wallet and identification in it.

0:37:10 > 0:37:15He didn't know for sure whether there was money in there or not, but he didn't check thoroughly.

0:37:16 > 0:37:21It turned out there was close to 1,200 in the purse.

0:37:31 > 0:37:35They dump their trash, some of them, on the corner up here.

0:37:38 > 0:37:42And that dumpster there is where the purse was found.

0:37:52 > 0:37:54To put trash in...

0:37:56 > 0:38:02..when it's empty, you'd have to lift those flaps and touch it...

0:38:04 > 0:38:06..and probably leave fingerprints.

0:38:06 > 0:38:11But the police never brought an evidence technician out here to check for fingerprints on it.

0:38:11 > 0:38:16Between here and the Ramada Inn,

0:38:16 > 0:38:19there's probably 1,000 dumpsters,

0:38:19 > 0:38:24so I think there has to be some reason this one in particular was chosen.

0:38:24 > 0:38:29There's a fair amount of drug-dealing and so on in this area.

0:38:29 > 0:38:34It's racially mixed and there's a kind of a rough crowd living right behind this building.

0:38:35 > 0:38:40To get...here in the Ramada Inn,

0:38:40 > 0:38:43it's about a nine and a half-mile drive.

0:38:43 > 0:38:48It's probably, without traffic,

0:38:48 > 0:38:50about a 20-minute drive.

0:38:50 > 0:38:56For a 15-year-old boy walking, round trip, it'd be quite some trek.

0:39:00 > 0:39:02Mr Stevens!

0:39:02 > 0:39:06OK, the pocket... It was white, it had some blood on it.

0:39:06 > 0:39:09- Did you notice the blood? - No, sir.- OK.

0:39:09 > 0:39:12- Did you look to see whose it was at all?- I opened it up.

0:39:12 > 0:39:14I took the wallet out.

0:39:14 > 0:39:19Now, they didn't give the woman's name that was killed on television.

0:39:19 > 0:39:22I found the pocketbook. All of her IDs was in it,

0:39:22 > 0:39:24her credit cards and everything else.

0:39:24 > 0:39:29- How are you doing, ma'am?- Fine. - My name's Pat McGuinness, I'm with the Public Defender's Office.

0:39:29 > 0:39:33You called the officer, he met you over there, you gave him the purse.

0:39:33 > 0:39:35- Then I left.- Then you continued your route.- Right.

0:39:35 > 0:39:39When the police officer came back, the same one I gave the pocketbook to.

0:39:39 > 0:39:42- Uniformed officer?- Yes, sir.- OK. - He said, "Do you have a few minutes?"

0:39:42 > 0:39:45I said, "Yeah." He says, "Somebody wants to talk to you."

0:39:45 > 0:39:49That's when the detective pulled up and said, "Boy, where's the gun?"

0:39:49 > 0:39:52- He called you "boy"? - He accused me of taking the gun.

0:39:52 > 0:39:56- And did he call you "boy"? - I think if I recall correct, yes. If I recall correctly.

0:39:56 > 0:39:58- Did you get the...- No, sir.

0:39:58 > 0:40:01- ..strong impression that he thought you'd took that gun?- Yeah.

0:40:01 > 0:40:05Was his manner, the way he was dealing with you,

0:40:05 > 0:40:08was it kind of accusatory?

0:40:08 > 0:40:11He accused me of taking it. I said, "If you want to search me, search me.

0:40:11 > 0:40:15"You can also search my buggy," cos that bag was on the back of it.

0:40:15 > 0:40:17I had three bags of cans hanging.

0:40:17 > 0:40:20"If you want to search it, search it, but I've got no gun."

0:40:20 > 0:40:23- There was no gun in the pocketbook. - What did he say?

0:40:23 > 0:40:28He look dumbfound. The police officer says I could leave, so I left.

0:40:28 > 0:40:31- I appreciate you taking the time to speak with me.- You're welcome.

0:40:31 > 0:40:35And, like I said, any stuff I've found in the past,

0:40:35 > 0:40:37this is the first time I've ever had to go to court.

0:40:37 > 0:40:41Well, hopefully it'll be the last time, but I appreciate you taking the time...

0:40:41 > 0:40:45But now how the pocketbook got from Southside...

0:40:45 > 0:40:48to the Northside,

0:40:48 > 0:40:51- only God knows that answer, cos I damn sure don't know it.- Nor me.

0:40:51 > 0:40:56- How are you doing, sir?- Fine, Mr McGuinness. And you?- Pretty good.

0:41:00 > 0:41:04When the detective came to see you, what did he have to say to you?

0:41:04 > 0:41:08He got out of the car and he says, "Where's the gun, boy?"

0:41:08 > 0:41:09"What gun?"

0:41:09 > 0:41:12"The gun that's in the pocketbook."

0:41:12 > 0:41:15"I saw no gun in the pocketbook."

0:41:15 > 0:41:17"Now, if you want to search me, do so.

0:41:17 > 0:41:20"If you want to search my buggy, please do so,

0:41:20 > 0:41:23"but you're going to find no gun, cos I saw no gun."

0:41:23 > 0:41:27- Was your impression he was accusing you of stealing the gun?- Yes, sir.

0:41:55 > 0:41:57How you doing?

0:42:02 > 0:42:06Oakland, the Raiders, they're playing good ball this year.

0:42:06 > 0:42:10They're a seven and one. The Chiefs is five and three.

0:42:10 > 0:42:13And the Broncos, four and four.

0:42:13 > 0:42:16INAUDIBLE

0:42:16 > 0:42:20No, not at all. But I just want you to...

0:42:20 > 0:42:23Everything went well today, as far as your preparation.

0:42:23 > 0:42:26We're just happy with what we have at this point.

0:42:26 > 0:42:30We have more than ample information

0:42:30 > 0:42:32and documentation

0:42:32 > 0:42:34to put before the judge

0:42:34 > 0:42:37to let him know that, actually,

0:42:37 > 0:42:40a lot of things really wasn't done properly.

0:42:40 > 0:42:44Your granddaddy called me today and sung Happy Birthday to me.

0:42:44 > 0:42:46He said you got a big birthday present coming,

0:42:46 > 0:42:48so I don't know what it is.

0:42:50 > 0:42:52(I don't know what it is.)

0:42:52 > 0:42:56So, how... Let me see what I was going to ask you about.

0:42:56 > 0:43:00- You're the birthday present.- Yeah. - You're the birthday present.

0:43:00 > 0:43:01That's what I said to myself.

0:43:01 > 0:43:05I said, "Shoot, the biggest birthday present I can get is Brent

0:43:05 > 0:43:07"and that would be the best birthday present."

0:43:07 > 0:43:10So let me let your daddy pray with you before we go, OK?

0:43:10 > 0:43:12And I love you sweetheart, OK?

0:43:15 > 0:43:19- OK, son...- Let's pray.

0:43:19 > 0:43:22Dear Heavenly Father, we come before you this evening

0:43:22 > 0:43:23and, as usual,

0:43:23 > 0:43:26we know that actually you are in control, dear Heavenly Father.

0:43:26 > 0:43:29Dear Heavenly Father, we ask you to be in that courtroom

0:43:29 > 0:43:31for us tomorrow, dear Heavenly Father.

0:43:31 > 0:43:36We ask that you give Mr McGuinness all the tools that is needed,

0:43:36 > 0:43:41and his staff, to really work on our son's behalf, dear Heavenly Father.

0:43:41 > 0:43:45Dear Heavenly Father, we ask you to touch the judge, dear Heavenly Father.

0:43:45 > 0:43:48We ask you to really touch his mind

0:43:48 > 0:43:51for he can make just rulings in our favour, dear Heavenly Father.

0:43:51 > 0:43:56Dear Heavenly Father, we love you, we honour and we adore you, dear Heavenly Father.

0:43:56 > 0:44:00- We're going to give you the praise all of our days. Amen.- Amen.

0:44:57 > 0:45:00'They questioned Brent off and on over a period of 12 hours

0:45:00 > 0:45:03'and they brought in a fellow I regard as a specialist

0:45:03 > 0:45:05'in obtaining confessions.'

0:45:05 > 0:45:09And he didn't succeed, and it frustrated him.

0:45:10 > 0:45:14They took a 15-year-old boy out to the woods,

0:45:14 > 0:45:20and the others left them alone and gave them their privacy,

0:45:20 > 0:45:23so they'd have plausible deniability.

0:45:23 > 0:45:26They left him with this specialist,

0:45:26 > 0:45:28and that man punched him in the stomach twice

0:45:28 > 0:45:30and punched him in the face.

0:45:31 > 0:45:35They beat a 15-year-old boy because he said he was innocent.

0:45:43 > 0:45:45- That's a Miller?- Yeah.

0:45:50 > 0:45:52Now, he looked worse than this when I saw him.

0:45:52 > 0:45:55Yeah, he looked much worse than that when I took the pictures.

0:45:55 > 0:45:59This one is good, but it still doesn't show him the way I saw him.

0:45:59 > 0:46:01No, I saw him the same day you saw him,

0:46:01 > 0:46:04and right in here was just swollen, awful.

0:46:04 > 0:46:07Usually I wait to the end of the interview,

0:46:07 > 0:46:09on the interview seat, to do the photos.

0:46:09 > 0:46:11We stopped as soon as he came in to take them,

0:46:11 > 0:46:14cos it was so apparent right in here.

0:46:14 > 0:46:18You can see the glare a little bit better as far as the leverage.

0:46:18 > 0:46:22Can Andrew do anything to enhance the resolution?

0:46:22 > 0:46:24As far as it being on an African-American,

0:46:24 > 0:46:26the skin tone's a lot different.

0:46:26 > 0:46:28But we're going to need to explain to a jury

0:46:28 > 0:46:32this doesn't accurately show the way he looked.

0:46:32 > 0:46:34This one's pretty good.

0:46:34 > 0:46:35'I contacted the State Attorney,

0:46:35 > 0:46:39'which is something I generally don't do that early in a case,

0:46:39 > 0:46:41'and I gave the State my photographs

0:46:41 > 0:46:45'and I told him what I believed we could prove,'

0:46:45 > 0:46:50and it didn't matter because they were politically in a position

0:46:50 > 0:46:53where they felt they had to prosecute

0:46:53 > 0:46:55to defend the honour of these detectives.

0:46:57 > 0:47:01And everything that has happened since then...

0:47:03 > 0:47:06..I believe, has been an effort

0:47:06 > 0:47:09to defend the honour of these detectives,

0:47:09 > 0:47:13who I do not find to be honourable men.

0:47:13 > 0:47:16- Could you state your name, please? - Michael Glover.

0:47:16 > 0:47:19- Where are you employed? - The Jacksonville Sheriff's Office.

0:47:19 > 0:47:21- In what capacity?- I'm assigned to the Homicide Division.

0:47:21 > 0:47:25- How long have you been with the Homicide Division?- Five years.

0:47:25 > 0:47:27- How long have you been with the Sheriff's Office?- 11 years.

0:47:27 > 0:47:30Where did you first meet Mr Butler?

0:47:30 > 0:47:32In the Homicide Office, in one of our interview rooms.

0:47:32 > 0:47:35What happened when you first went into the interview room?

0:47:35 > 0:47:38When I first walked in, I saw the defendant,

0:47:38 > 0:47:41and the defendant looked at me and he made a comment that indicated,

0:47:41 > 0:47:43"Boy, am I glad to see you."

0:47:43 > 0:47:47- Did you then have a conversation with him?- Yes, ma'am, I did.

0:47:47 > 0:47:49I asked him, "Was it an accident?"

0:47:49 > 0:47:53And it was at that point he nodded his head and said, "Yes,"

0:47:53 > 0:47:57and said, "I didn't mean to shoot the victim."

0:47:57 > 0:48:02He began to hug me and cried, and I hugged him back, and he indicated...

0:48:02 > 0:48:07he said that the victim had given him a mean look.

0:48:07 > 0:48:09It was at that point

0:48:09 > 0:48:13I got close to his ear and I said,

0:48:13 > 0:48:16"Why did you shoot the lady?"

0:48:16 > 0:48:19And at that point, he said

0:48:19 > 0:48:23he didn't mean to hurt anybody, he just needed her purse.

0:48:23 > 0:48:27It was after that he immediately made a statement

0:48:27 > 0:48:32saying that he had the gun down by his side

0:48:32 > 0:48:36and he raised the gun up toward her face and it fired.

0:48:38 > 0:48:42He said after that he threw the weapon somewhere,

0:48:42 > 0:48:44but he didn't remember where he threw the weapon.

0:48:44 > 0:48:46What happened then?

0:48:46 > 0:48:50At that part of the interview I asked him to tell me again

0:48:50 > 0:48:52what happened with the weapon,

0:48:52 > 0:48:55and this time, I wanted you to be truthful about it.

0:48:55 > 0:48:57And it was at that point

0:48:57 > 0:49:00he stated that he put the weapon

0:49:00 > 0:49:03on the back of an 18-wheeler truck.

0:49:03 > 0:49:07I told him, you've been truthful

0:49:07 > 0:49:10and you've been communicating with me and co-operating with me,

0:49:10 > 0:49:13and I was explaining to him how I appreciated that,

0:49:13 > 0:49:18but I told him that I didn't believe that he actually placed the weapon

0:49:18 > 0:49:21in the purse on the back of an 18-wheeler truck.

0:49:21 > 0:49:26And I asked him again. "Tell me, where did you put the weapon?"

0:49:26 > 0:49:29And it was at that point he stated

0:49:29 > 0:49:33that he threw the weapon in the woods near the scene.

0:49:33 > 0:49:36Yes, he is a black man.

0:49:36 > 0:49:38His father also is the sheriff,

0:49:38 > 0:49:40so it's just like...

0:49:41 > 0:49:43..whatever Glover says,

0:49:43 > 0:49:47a lot of people believe it's credible evidence, you know?

0:49:48 > 0:49:52And he had been involved in so many different things.

0:49:53 > 0:49:58I'm angry due to the fact when he said that when Brent saw him,

0:49:58 > 0:50:01he just hugged him and said, "I'm so glad to see you."

0:50:01 > 0:50:05And I know Brent better than that, because...

0:50:05 > 0:50:09you really have to approach him, go up and talk with him.

0:50:09 > 0:50:13And he's not the type of person that will run up and hug you.

0:50:13 > 0:50:17You all probably have seen that in the courtroom, you know,

0:50:17 > 0:50:21he kind of stays to himself, so it's like, what Glover is saying...

0:50:21 > 0:50:26Like I said, I don't believe it.

0:50:26 > 0:50:30- PROSECUTOR:- During that time period when you were in the woods with the defendant,

0:50:30 > 0:50:35other than holding the belt, did you touch him in any way?

0:50:35 > 0:50:38- No, ma'am.- Did you hit him? - No, ma'am.

0:50:38 > 0:50:43- Did you raise your voice?- No, ma'am. - Did you make any threats?- No, ma'am.

0:50:43 > 0:50:45- Did you threaten his family? - No, ma'am.

0:50:45 > 0:50:48And then also the interview you'd already had with him,

0:50:48 > 0:50:50did you ever threaten him or his family?

0:50:50 > 0:50:52No, ma'am, I didn't.

0:50:53 > 0:50:55- Mr Glover, how are you?- Yes, sir.

0:51:00 > 0:51:03- Are you related to Nat Glover? - Yes, sir.

0:51:05 > 0:51:07- He is the sheriff?- Yes, sir.

0:51:07 > 0:51:09When did he become sheriff?

0:51:09 > 0:51:14- Um, four years ago. - July 1, 1995?- Yes, sir.

0:51:14 > 0:51:18- Was it '95 when you became a homicide detective?- Yes, sir.

0:51:18 > 0:51:21They were stuck with a problem.

0:51:21 > 0:51:24You got two lieutenants, two sergeants,

0:51:24 > 0:51:28you got the media camped out, with trucks there already.

0:51:28 > 0:51:31You got a white tourist in Florida at a motel, killed.

0:51:31 > 0:51:34But they're not getting anywhere on the confession,

0:51:34 > 0:51:37so they think, "OK, we'll pull in an African-American

0:51:37 > 0:51:41"to see if he can establish some rapport with the child."

0:51:41 > 0:51:46Glover said - and I find this incredible - that the police,

0:51:46 > 0:51:48that Williams and Darnell,

0:51:48 > 0:51:52told him that they thought the child was ready to confess.

0:51:52 > 0:51:55Those were the words he used, if I remember.

0:51:55 > 0:51:58So he goes in with this state of mind that, hey,

0:51:58 > 0:52:00this kid is ready to confess.

0:52:00 > 0:52:05The first hostility comes about this when he says, "I did some bad things in my life,"

0:52:05 > 0:52:09and the kid says, "I've never had any dealings with the police,"

0:52:09 > 0:52:13and Glover gets upset.

0:52:13 > 0:52:19He says, "You're lying. It's niggers like you that make me mad."

0:52:19 > 0:52:23You were there to get a confession, we have established that, right?

0:52:23 > 0:52:26- Yes, sir.- And you didn't know whether he was innocent or guilty.

0:52:26 > 0:52:31- No, sir. Not at that point.- You told Brenton Butler to be truthful, right?

0:52:31 > 0:52:32Yes, sir.

0:52:32 > 0:52:37But you had a very particular idea of the truth you wanted, right?

0:52:37 > 0:52:39Yes, sir.

0:52:39 > 0:52:42You wanted him to say something different than what

0:52:42 > 0:52:46he'd been telling other detectives since 10 o'clock that morning. Right?

0:52:46 > 0:52:51No, sir. If he was involved, then, yes, I wanted the truth.

0:52:51 > 0:52:57- You set yourself right up in his face, knee to knee, right?- Yes, sir.

0:52:57 > 0:53:01- And they teach you that in those interrogation schools?- Yes, sir.

0:53:01 > 0:53:04- You've been to five of those, right?- Yes, sir.

0:53:05 > 0:53:09And they tell you to get some physical contact

0:53:09 > 0:53:12with the subject of the interview, don't they?

0:53:12 > 0:53:17- What do you mean when you say physical contact?- Touching people.

0:53:17 > 0:53:23- Yes, sir. Some of the techniques we use involve touching people.- OK.

0:53:23 > 0:53:27- And you grabbed his hand, didn't you? - I held his hand.

0:53:27 > 0:53:31I never referred to Glover as "Detective Glover".

0:53:31 > 0:53:35He didn't do any detective work in this case.

0:53:35 > 0:53:39And it bothers the witness when he's not called by the title

0:53:39 > 0:53:42he thinks he should have.

0:53:42 > 0:53:47And my purpose when I'm trying to show someone is lying is to make them

0:53:47 > 0:53:50uncomfortable, to make them offguard.

0:53:50 > 0:53:53Sometimes, I like it when they fight me,

0:53:53 > 0:53:57because when they do, I believe I'm going to win.

0:53:57 > 0:54:02- How tall are you, sir?- 5'11. - What do you weigh?- 240 pounds.

0:54:03 > 0:54:08- You played high school ball, college ball?- Yes, sir.- Played line man?

0:54:08 > 0:54:11- Yes, sir.- As a line man, you hit people?- Yes, sir.

0:54:11 > 0:54:16- You were on scholarship?- Yes, sir. - You hit people well?- Yes, sir.

0:54:16 > 0:54:19- And you hit them hard, right? - Yes, sir.

0:54:19 > 0:54:25And do you think a 240-pound man considerably his senior

0:54:25 > 0:54:30grabbing his hand was going to make Mr Butler more comfortable

0:54:30 > 0:54:33and more willing to chat with you?

0:54:33 > 0:54:34Yes, sir.

0:54:34 > 0:54:36Is that generally the response you get

0:54:36 > 0:54:40- when you go around grabbing guys' hands?- I don't go around grabbing guys' hands.

0:54:40 > 0:54:44I made that procedure from the comment he made to me when I first entered the room.

0:54:44 > 0:54:50Well, did you ask Mr Butler, "Friend,

0:54:50 > 0:54:54"little buddy," - you are holding his hand - "where did you get the gun"?

0:54:54 > 0:54:55No, sir.

0:54:56 > 0:55:00- Did you ask him who might have ever seen him with this gun?- No, sir.

0:55:00 > 0:55:04- Did you ask him where he got ammunition for this gun?- No, sir.

0:55:04 > 0:55:08- Did you ask him where he stored it? - No, sir.

0:55:08 > 0:55:12Did you ask him how or where he carried it to or from the scene?

0:55:12 > 0:55:18- No, sir.- You just weren't curious at that time?- Not at that time, no, sir.

0:55:18 > 0:55:20Gotten curious since?

0:55:20 > 0:55:21Yes, sir.

0:55:23 > 0:55:29- Done any more investigating? - No, sir, it's not my case.

0:55:29 > 0:55:33- "Not my responsibility"? - No, sir.- Yeah.

0:55:36 > 0:55:40Well, weren't you a little bit interested in the murder weapon?

0:55:40 > 0:55:44Recovering it? Yes, sir.

0:55:44 > 0:55:47Didn't you even want to know what type it might have been?

0:55:47 > 0:55:49No, sir, not at that time.

0:55:49 > 0:55:54Why would three detectives take Brent into the woods?

0:55:54 > 0:55:57I don't think they would take him out to the woods

0:55:57 > 0:56:00solely for the purpose of roughing him up.

0:56:00 > 0:56:03- I just don't believe that.- Because Glover suggested it, that's why.

0:56:03 > 0:56:07But Williams, who is the lead detective, presumably would know

0:56:07 > 0:56:12that those woods had been searched already by patrol officers and dogs.

0:56:12 > 0:56:15Williams doesn't know jack about his own case.

0:56:16 > 0:56:20They would have to have a good faith basis to believe perhaps

0:56:20 > 0:56:23the gun and purse were in the woods, don't you think?

0:56:23 > 0:56:26I think they think, "Well, we haven't broken the kid.

0:56:26 > 0:56:31"We know he got picked up around here, there's a good chance he dumped the gun.

0:56:31 > 0:56:34"Let's go see if we can find it, and, if we can,

0:56:34 > 0:56:37"we'll confront him with it, and maybe get a confession."

0:56:37 > 0:56:39If I am understanding you correctly,

0:56:39 > 0:56:44you're telling us you're having this conversation with Brenton Butler,

0:56:44 > 0:56:47and he says he threw the gun in the woods, right?

0:56:47 > 0:56:49That is correct.

0:56:49 > 0:56:53Did he say where he was when he threw this gun into the woods?

0:56:53 > 0:56:54On the roadway.

0:56:54 > 0:56:58So it would be within an arm's throw of the roadway, right?

0:57:02 > 0:57:04I would still be guessing, but, yes, sir.

0:57:04 > 0:57:07- Well, you didn't say he kicked it, right?- No, sir.

0:57:07 > 0:57:11- You didn't say the gun had wings or anything like that, right?- No, sir.

0:57:11 > 0:57:16So you think an arm's throw was a fair inference from what you remember?

0:57:16 > 0:57:18It depends on how hard he threw it.

0:57:37 > 0:57:44Joiner and Darnell supposedly parked on the far side of Cagle.

0:57:55 > 0:58:01According to... Williams, they spent like an hour in these woods.

0:58:02 > 0:58:05According to Darnell, it was 15 minutes.

0:58:08 > 0:58:12And just walking through these woods, with all the vines,

0:58:12 > 0:58:17in handcuffs, at dusk, with only the good detective Glover to help you

0:58:17 > 0:58:19would be a scary proposition.

0:58:31 > 0:58:38If it is dusk and Glover is hitting Brent,

0:58:38 > 0:58:42there is no way they're going to be able to see it from out there.

0:58:42 > 0:58:48How long during your walk in the woods

0:58:48 > 0:58:56were you out of sight of Detectives Darnell, Williams and Sergeant Joiner?

0:58:57 > 0:58:59Maybe 30 minutes.

0:59:01 > 0:59:03Do you know why everybody left you?

0:59:03 > 0:59:08They were searching the immediate area where he originally showed.

0:59:08 > 0:59:12But you had the guy who was supposed to know where the gun was, right?

0:59:12 > 0:59:13Yes, sir.

0:59:13 > 0:59:15And on your trip to the woods,

0:59:15 > 0:59:19he had himself trussed up like a Christmas turkey, arms in front,

0:59:19 > 0:59:20tied to his belt,

0:59:20 > 0:59:24- and you had a little strap in the back?- Yes, sir, he was cuffed.

0:59:24 > 0:59:25OK.

0:59:25 > 0:59:30And he really was not in a position to defend himself at all should

0:59:30 > 0:59:32he be attacked by anybody, right?

0:59:34 > 0:59:36I wouldn't let anybody attack him.

0:59:38 > 0:59:42- Are you right-handed or left-handed? - Right-handed.

0:59:42 > 0:59:45So if you're facing somebody, you pop them,

0:59:45 > 0:59:50do you more often hit with the right or left side?

0:59:50 > 0:59:52Objection, Your Honour.

0:59:53 > 0:59:55- JUDGE:- Yes, sustained. Reform the question.

0:59:57 > 1:00:01Now, you had gone out there, you say, expecting to find a gun, right?

1:00:01 > 1:00:04- Yes, sir.- Must've been kind of disappointing when you didn't.

1:00:04 > 1:00:09- Was it?- Yes, sir.- You a little annoyed about it?- No, sir.

1:00:09 > 1:00:15- Did you happen to punch Brenton Butler twice in the gut?- No, sir.

1:00:15 > 1:00:18- How about once in the left eye? - No, sir.

1:00:20 > 1:00:27And, if you did, that would be a violation of department regulations, right?

1:00:27 > 1:00:28That's correct.

1:00:28 > 1:00:35And that could result in suspension or dismissal.

1:00:35 > 1:00:40And if you had done that, would you tell us the truth about it, sir?

1:00:40 > 1:00:42Yes, sir.

1:00:42 > 1:00:48Is that not your custom, to tell the truth in situations such as that?

1:00:48 > 1:00:52- Objection, Your Honour.- Sustained.

1:00:55 > 1:00:58And how did that appear to you as you viewed it?

1:00:58 > 1:01:03It was a large welt, like he had been hit.

1:01:03 > 1:01:08PROSECUTOR: Your Honour, I am going to object to any conclusions by this witness.

1:01:10 > 1:01:14- JUDGE:- Overruled. - And does it show up on the defendant's form?

1:01:14 > 1:01:17That's just a different view.

1:01:17 > 1:01:21With a swelling, I take it from different angles,

1:01:21 > 1:01:22so you can see it,

1:01:22 > 1:01:26rather than a bruising that you can take straight on.

1:01:26 > 1:01:29So it was right in that area right there.

1:01:29 > 1:01:32There is a bruising right in here.

1:01:34 > 1:01:37Where would that be on your body, Miss Smith?

1:01:37 > 1:01:39Right in the middle of my chest area.

1:02:09 > 1:02:12This time, we call Brenton Butler.

1:02:20 > 1:02:22'Juveniles are not very easy to work with.'

1:02:22 > 1:02:29They have a lack of sophistication, oftentimes limited vocabulary,

1:02:29 > 1:02:32difficulty sometimes expressing themselves.

1:02:33 > 1:02:36They are not as focused on things,

1:02:36 > 1:02:40they have a tendency to be distracted.

1:02:42 > 1:02:48How I worked with Mr Butler was to take the interview

1:02:48 > 1:02:53that had been done of him and the affidavit that he had executed

1:02:53 > 1:02:58for his bond hearing, and break it down into small pieces.

1:02:58 > 1:03:03When you got down to the police station, were you put into a room?

1:03:03 > 1:03:05- Yes, ma'am.- And who came in?

1:03:05 > 1:03:08Detective Darnell and Detective Williams.

1:03:08 > 1:03:11Was the next person you met Detective Glover?

1:03:11 > 1:03:18- Correct.- Now, Brent, had you ever seen that man before?- No, ma'am.

1:03:18 > 1:03:24When he walked in, did you say, "Boy, am I glad to see you?"

1:03:24 > 1:03:25No, ma'am.

1:03:25 > 1:03:27What did he start talking to you about?

1:03:27 > 1:03:30He started talking about sports.

1:03:30 > 1:03:34Is he being friendly, is he being nice, or is he being mean?

1:03:34 > 1:03:37At that point, he's being nice.

1:03:37 > 1:03:41- Did there come a time when he became not so nice to you?- Yes, ma'am.

1:03:41 > 1:03:46- Did he use any racial comment towards you?- Yes, ma'am.

1:03:46 > 1:03:47What did he tell you?

1:03:47 > 1:03:50He said, "It's niggers like you that make me mad these days."

1:03:50 > 1:03:54- What did he do when he told you that?- He started poking at my chest.

1:03:54 > 1:03:59- With what?- His finger, going like this, poking at my chest.

1:03:59 > 1:04:03- Was he saying anything as he was doing this?- Yes, ma'am.- What?

1:04:03 > 1:04:06Saying, "I'm going to get you. I am going to get you."

1:04:06 > 1:04:11- Did he touch you again? - Yes, ma'am.- What did he do?

1:04:11 > 1:04:15- He banged his fist into me chest. - Show me.- Like...

1:04:15 > 1:04:19Did he then give you a scenario of what he thought had happened?

1:04:19 > 1:04:22Yes, he said, "You accidentally shot the lady,

1:04:22 > 1:04:26"you ran and threw the gun and purse in the woods."

1:04:26 > 1:04:30- What did you say?- I said, "No sir. I had nothing to do with that."

1:04:31 > 1:04:34Does the issue of trying to go out into the woods

1:04:34 > 1:04:36- and find the gun come up? - Yes, ma'am.

1:04:36 > 1:04:42- How far did Detective Glover walk you into the woods?- Pretty deep.

1:04:42 > 1:04:45And what is the lighting like inside the woods at this time?

1:04:45 > 1:04:49It's pretty dim. Like, shady.

1:04:49 > 1:04:54- At some point, did Detective Glover hit you?- Yes, ma'am.

1:04:55 > 1:05:00- Where did he hit you first? - In my stomach.

1:05:00 > 1:05:03- How hard?- I fell to my knees.

1:05:03 > 1:05:07- What did you say? - I said, "I can't help you.

1:05:07 > 1:05:10- "I don't know anything about a gun or purse."- What did he do?

1:05:10 > 1:05:15- Hit my stomach again.- What did you do?- Fell to my knees.- Did it hurt?

1:05:15 > 1:05:21- Yes, ma'am.- What happened after you fell onto your knees a second time?

1:05:21 > 1:05:24I was crying. He said, "You look pathetic."

1:05:24 > 1:05:26He pulled me up by my shirt.

1:05:26 > 1:05:30- Did you get hit again?- Yes, ma'am. - Where?- Hit me on my left eye.

1:05:30 > 1:05:33How hard did he hit you?

1:05:33 > 1:05:38It wasn't no knockout punch or nothing like that.

1:05:38 > 1:05:42But it was a hit. I took a few steps back.

1:05:42 > 1:05:47I anticipated that the police were not going to admit that they had harmed him,

1:05:47 > 1:05:54and it would be important to put his injuries into the context of the interrogation.

1:05:54 > 1:05:58The only real way to do that, since there are only three detectives

1:05:58 > 1:06:01and Mr Butler as witnesses to these injuries,

1:06:01 > 1:06:04and since I anticipated that the detectives would be denying

1:06:04 > 1:06:08the injuries, the only way to really explain to the court of the jury

1:06:08 > 1:06:11how the injuries occurred would be for him to testify.

1:06:11 > 1:06:15So when you saw Detective Darnell, what did he do?

1:06:15 > 1:06:18At that point, he had pulled out a form.

1:06:18 > 1:06:21And what did he start to do with that form?

1:06:21 > 1:06:25He said, "You have robbed the old lady." He said...

1:06:25 > 1:06:28He said, "You have robbed her. You robbed the old lady.

1:06:28 > 1:06:32"And you pulled a gun real fast. You shot her.

1:06:32 > 1:06:36"You ran home," or something like that.

1:06:36 > 1:06:39And what is he doing as he's telling you these things?

1:06:39 > 1:06:44- At that point, he is writing it down.- OK.

1:06:44 > 1:06:49And when he got done going through this, what did he tell you to do?

1:06:49 > 1:06:52- He told me to sign.- What happened?

1:06:52 > 1:06:56At that point he was looking at his holster, like.

1:06:56 > 1:06:59I said, what are you going to do, shoot me? He said you guessed right.

1:06:59 > 1:07:03He said every 10 seconds that passed, he was going to hit me.

1:07:03 > 1:07:09- Did 10 seconds pass by? - Yes, ma'am.- And what did he do?

1:07:09 > 1:07:15- He hit me twice on my left eye. - Did you sign the form?- Yes, ma'am.

1:07:16 > 1:07:24Now, Brent, did you shoot the lady, Mrs Stevens,

1:07:24 > 1:07:30- at the Ramada Inn the morning of May 7?- No, ma'am.

1:07:30 > 1:07:33- Were you at the Ramada Inn the morning of May 7?- No, ma'am.

1:07:33 > 1:07:35Never been there.

1:07:53 > 1:07:57- Good morning, ma'am.- Good morning. - Can you tell us who you are?

1:07:57 > 1:07:59I am Melissa Butler.

1:07:59 > 1:08:04- I think you said you usually get up before seven, is that correct?- Yeah.

1:08:04 > 1:08:09OK. And do you know if that was true this morning?

1:08:09 > 1:08:13Yes, because I still can't sleep past seven.

1:08:13 > 1:08:16What do you do when you get up?

1:08:16 > 1:08:21Well, when I used to get up in the morning, I would go ahead and pray as usual,

1:08:21 > 1:08:25go in the bathroom and do whatever I need to do in there.

1:08:25 > 1:08:27It took about 10 minutes.

1:08:27 > 1:08:32After I left my bedroom, I went directly to Brent's room.

1:08:32 > 1:08:35His door was closed, I opened his door,

1:08:35 > 1:08:37he was in bed, still, in his boxers,

1:08:37 > 1:08:39but his back was turned towards the door,

1:08:39 > 1:08:41his face facing his bedroom wall.

1:08:41 > 1:08:45The next time that I saw Brent after leaving my bedroom,

1:08:45 > 1:08:49when I was here, Brent was right here in the foyer area

1:08:49 > 1:08:52near the fourth bedroom, which is here.

1:08:52 > 1:08:56I would assume he was coming out of the fourth bedroom

1:08:56 > 1:08:58from the laundry room, which is here.

1:08:58 > 1:09:02Did you speak at all with each other at that point?

1:09:02 > 1:09:05Yes, when we met, here, I said, "Good morning, Brent,"

1:09:05 > 1:09:07and he said, "Good morning."

1:09:07 > 1:09:10- Now, did you encounter any policemen that morning?- Yes.

1:09:10 > 1:09:12Did either of those gentlemen speak to you

1:09:12 > 1:09:14or your husband in your presence?

1:09:14 > 1:09:19- Yes.- Tell me, if you would, about that conversation.

1:09:19 > 1:09:23They asked, "Does Brent Butler live here?"

1:09:23 > 1:09:28And we said yes, and my husband said, "What can I help you with?"

1:09:28 > 1:09:31And they said, "Well, we just want to question him,

1:09:31 > 1:09:36"we're not accusing him of anything, we just want to question him

1:09:36 > 1:09:39"to see if he knows anything about the break-ins in the area."

1:09:39 > 1:09:44Now, you went in and Brenton wasn't there,

1:09:44 > 1:09:45and you told the police that, right?

1:09:45 > 1:09:47Yes.

1:09:47 > 1:09:50Did that alarm you or upset you, or was that unusual?

1:09:50 > 1:09:54Well, it was not unusual for Brent to leave the house without telling us,

1:09:54 > 1:09:58but it was very unusual for Brent to stay gone for a long period

1:09:58 > 1:10:02of time, cos he would stay no more than 30 minutes to an hour.

1:10:02 > 1:10:06He would have never left the house and just gone and stayed.

1:10:06 > 1:10:07And that's what upset me.

1:10:07 > 1:10:10And I called my sister, Emma, and I said,

1:10:10 > 1:10:12"What could have happened to him?"

1:10:12 > 1:10:15And she said, "Well, call some of his friends."

1:10:15 > 1:10:18Sean is the only friend that I know Brent associates with,

1:10:18 > 1:10:23so I called Sean on on my cellphone to ask had he talked to Brett today?

1:10:23 > 1:10:28He said, no. At that time, I knew something had happened to my son.

1:10:28 > 1:10:30So...

1:10:32 > 1:10:33- Excuse me.- Just take a moment.

1:10:33 > 1:10:35There's water beside you if you need it.

1:10:38 > 1:10:42Did you get to speak to Brenton later that night?

1:10:42 > 1:10:44Yes, but it was very late.

1:10:45 > 1:10:49Do you recall what he said to you and you to him?

1:10:49 > 1:10:54He said, "Mom, I didn't do it. I didn't do it."

1:10:58 > 1:11:03And he said, "I'm going to spend the rest of my life in jail

1:11:03 > 1:11:05"because they made me sign this paper."

1:11:05 > 1:11:07And I said, "What paper?"

1:11:07 > 1:11:10He didn't quite understand because he was so upset himself.

1:11:10 > 1:11:16And I said, "No, you won't". I said, "Brenton, just pray and hold on."

1:11:16 > 1:11:19MUFFLED SPEECH

1:11:27 > 1:11:30- JUDGE:- It may be necessary just to get a complete

1:11:30 > 1:11:33understanding of the conversation, so I overrule the objection.

1:11:33 > 1:11:38So I told him to just pray and hold on,

1:11:38 > 1:11:42and that his dad and I would do anything to get him out of there,

1:11:42 > 1:11:47even mortgaging the house to get him out of this.

1:11:47 > 1:11:48Thank you.

1:11:50 > 1:11:54- OK, Miss Stair, you may proceed.- If you need a break, just let us know.

1:11:54 > 1:11:56I just want to clarify a few things,

1:11:56 > 1:11:59that's all I'm going to be asking you about.

1:11:59 > 1:12:03You indicated that the first time you saw your son

1:12:03 > 1:12:05he was still in his bedroom?

1:12:05 > 1:12:07Yes, ma'am.

1:12:07 > 1:12:10And you are basing the time that you saw him on your regular pattern?

1:12:10 > 1:12:13- Yeah.- You didn't look at a clock? - No.

1:12:13 > 1:12:15And I think you said... Now, what time was it that you saw him

1:12:15 > 1:12:17in the laundry room?

1:12:17 > 1:12:21It was, um... Well, I was not exactly in the laundry room,

1:12:21 > 1:12:23I met him in the foyer area,

1:12:23 > 1:12:26cos I was coming out of the hallway leading to the foyer area.

1:12:26 > 1:12:28- But that's on the way to the laundry room?- Yes.

1:12:28 > 1:12:31- OK, where you keep your cleaning supplies?- Yes.

1:12:31 > 1:12:35Your Honour, I don't have any other questions.

1:12:36 > 1:12:40- Ma'am, you realise you are under oath.- Yes.

1:12:40 > 1:12:43Is there any question in your mind that your son was home

1:12:43 > 1:12:46- between seven and nine in the morning?- No question.

1:12:46 > 1:12:49- I know my son was home. - Thank you, ma'am.

1:13:03 > 1:13:06INAUDIBLE

1:13:18 > 1:13:21INAUDIBLE

1:13:45 > 1:13:47No, actually, he said he didn't.

1:13:47 > 1:13:50I've got it.

1:13:50 > 1:13:52'They knew they didn't have a case.

1:13:52 > 1:14:00'The detective went in and he wrote out what he wanted.

1:14:00 > 1:14:03'And he is a man who gets what he wants.'

1:14:03 > 1:14:08And then he threatened a 15-year-old boy and he poked him

1:14:08 > 1:14:15and he displayed his gun and he got him to sign a piece of paper.

1:14:17 > 1:14:20It was a pathetic piece of paper that made no sense,

1:14:20 > 1:14:25that never has been since that day supported in any way.

1:14:26 > 1:14:32There is no truth in it. But it was close enough for government work.

1:14:32 > 1:14:36So you asked Detective Williams about talking to the defendant.

1:14:36 > 1:14:40- Did you do so?- I did.- Was anybody else with you?- No, just me.

1:14:40 > 1:14:42Tell the jury about your conversation.

1:14:42 > 1:14:46I told them had a decision had been made that he would be arrested

1:14:46 > 1:14:49and charged with the murder of Mary Ann Stevens.

1:14:49 > 1:14:51I told him that we would complete the paperwork

1:14:51 > 1:14:54and that he would be incarcerated at the juvenile shelter.

1:14:54 > 1:14:55And what happened then?

1:14:55 > 1:14:59Once I told him about the incarceration, I told him that

1:14:59 > 1:15:03if he wanted to tell his side of the story, that this would be his last opportunity to do so.

1:15:03 > 1:15:07At that point, he touched my knee. We were sitting face-to-face.

1:15:07 > 1:15:10He said, "When I talked to Detective Glover,

1:15:10 > 1:15:12"he had told me there was an easy road" -

1:15:12 > 1:15:16and he touched my opposite knee - "and there was a hard road."

1:15:16 > 1:15:18I said, "Well, I wasn't present for that interview

1:15:18 > 1:15:21"and I'm not sure what you're talking about,

1:15:21 > 1:15:24"but as far as an easy road, I don't see one. I only see a hard road,

1:15:24 > 1:15:26"this is a very serious offence."

1:15:26 > 1:15:27With that in mind, I asked him

1:15:27 > 1:15:30if at this time he wanted to present his side of the story.

1:15:30 > 1:15:32He said he did.

1:15:32 > 1:15:35I left the interview room, I told him I had to get the forms.

1:15:35 > 1:15:38I talked to Detective Williams, who was still sitting at his desk.

1:15:38 > 1:15:41I advised him that I was going to take a written statement

1:15:41 > 1:15:44that he had provided me with his side of the story.

1:15:44 > 1:15:47He said, OK. I said, "I need you to go in the monitoring room

1:15:47 > 1:15:53"and monitor the written statement so you can witness the written statement." He said, "OK, fine."

1:15:53 > 1:15:56What happened when you went back into the interview room?

1:15:56 > 1:16:00We recorded a written statement on a Sheriff's Office form.

1:16:00 > 1:16:03When we finished the statement, we read it over together, out loud.

1:16:03 > 1:16:07I asked him if he agreed to it, and he said, yes.

1:16:07 > 1:16:09He signs on the bottom of each side of the statement,

1:16:09 > 1:16:13attesting that this is his statement, and at the end, I drew a diagonal line.

1:16:13 > 1:16:16And he signed on that diagonal line as well as on the bottom

1:16:16 > 1:16:19where it says, "Statement made by".

1:16:19 > 1:16:22- Your Honour, I don't have any other questions at this time.- OK.

1:16:22 > 1:16:24Mr McGuinness, you may cross-examine.

1:16:26 > 1:16:31'Before he came up for cross-examination, there was a break.'

1:16:31 > 1:16:35I went out to have a cigarette, and, as I pulled my cigarette out,

1:16:35 > 1:16:40he looked at me - and there is no love lost between us - and he said,

1:16:40 > 1:16:43"Suck down another cancer stick."

1:16:45 > 1:16:50I just looked at him and I said, "I always enjoy a cigarette before sex."

1:16:50 > 1:16:54Cos I wanted him to know... I was going to screw him.

1:16:56 > 1:17:01I don't think the message was lost on him. And I did.

1:17:01 > 1:17:04Now, initially, when you spoke to him,

1:17:04 > 1:17:07this young man was polite to you, that's right?

1:17:07 > 1:17:12- Yes.- He was calm.- He was. - He was well mannered.- Yes.- OK.

1:17:12 > 1:17:17- And then you and Williams started calling him a liar, didn't you?- No.

1:17:17 > 1:17:22- You never called him a liar? - I told him I thought he was lying.

1:17:22 > 1:17:27- That wasn't my question. Did you call him a liar or not, sir?- Indirectly.

1:17:27 > 1:17:30OK. How about directly. Did you do that?

1:17:30 > 1:17:33I don't recall calling him a liar directly.

1:17:33 > 1:17:38- It's not in your notes. - Probably not. I don't recall.

1:17:38 > 1:17:43Does that happen with such frequency you just don't take note of it?

1:17:44 > 1:17:49- Objection, Your Honour.- Overruled.

1:17:49 > 1:17:53Does that happen with such frequency you just don't take note of it, sir?

1:17:53 > 1:17:56- What is that? - Calling people liars.- No.

1:17:56 > 1:17:58I liked that.

1:17:58 > 1:18:05I liked the fact that I didn't believe these men

1:18:05 > 1:18:13and I didn't respect them because of what they had done, so... It puts you

1:18:13 > 1:18:18in a fighting mood and makes you want to show them to be what they are.

1:18:21 > 1:18:25- This is the first two pages of the statement, OK?- Yes.

1:18:27 > 1:18:33- All this information up here, that's in your handwriting?- Yes.- OK.

1:18:33 > 1:18:38And, "I, Brenton Butler, am providing this statement of my own free will,

1:18:38 > 1:18:40"without any threat or promise."

1:18:40 > 1:18:43- He didn't say that, right?- Correct.

1:18:43 > 1:18:48OK. And..."Detective Darnell is writing this statement at my request."

1:18:48 > 1:18:50- He didn't say that, right?- Correct.

1:18:53 > 1:18:57And virtually all of your statements start out the same way, right?

1:18:57 > 1:19:01- They do.- Everybody just asks you to write their statements, right?

1:19:01 > 1:19:07- The ones that do. - What percentage would that be?

1:19:07 > 1:19:09I don't know statistics.

1:19:09 > 1:19:12An extraordinarily high percentage, wouldn't it?

1:19:12 > 1:19:14I would say most asked me to write, yes.

1:19:14 > 1:19:17And is that because you have remarkably good penmanship,

1:19:17 > 1:19:19or... Do you know?

1:19:19 > 1:19:23I just always assumed it was that they were too lazy to write it themselves.

1:19:23 > 1:19:26- But you knew he could read and write, right?- Sure.

1:19:26 > 1:19:28Didn't you think it might be a good idea to let...

1:19:28 > 1:19:31If you wanted his side of the story,

1:19:31 > 1:19:33to let him put his own side of the story down?

1:19:33 > 1:19:36- This is his side of the story.- OK.

1:19:37 > 1:19:42"Last night, I got home late and didn't get a chance to eat."

1:19:44 > 1:19:47- Did you ever check to see if that was true?- No.

1:19:48 > 1:19:52- Did he look malnourished when you were talking to him?- No.

1:19:52 > 1:19:55And Detective Williams was over in the monitoring room, was he?

1:19:55 > 1:19:58Detective Williams was in the monitoring room.

1:19:58 > 1:20:01So he would have heard him say all these things, right?

1:20:01 > 1:20:04- I can't testify as to what Detective Williams heard.- As far as you knew,

1:20:04 > 1:20:07- the audio hook-up was still working over there, right?- Yes.

1:20:07 > 1:20:08"The woman gave me a mean look

1:20:08 > 1:20:12"and mumbled 'nasty nigger' under her breath."

1:20:12 > 1:20:17As far as you know, did Mr Stevens ever corroborate that in any way?

1:20:17 > 1:20:21I've never talked to Mr Stevens or interviewed him about this case.

1:20:21 > 1:20:23But you've read the report plenty of times, right?

1:20:23 > 1:20:28- I've read what was relevant to me. - Hmm. OK.

1:20:30 > 1:20:35"And as I... raised the gun from my pocket,

1:20:35 > 1:20:37"quickly it went off."

1:20:37 > 1:20:40- Is that something he said?- Yes.

1:20:40 > 1:20:43"I had pulled the trigger unknowingly."

1:20:43 > 1:20:45That was his language, "unknowingly"?

1:20:45 > 1:20:48No, he said he did not know that he had pulled the trigger.

1:20:48 > 1:20:51OK. So you just liked that word better, right?

1:20:51 > 1:20:55This was how I wrote it when we formulated the sentence.

1:20:55 > 1:21:00"I took the woman's money from her wallet and put it in mine." Right?

1:21:00 > 1:21:05- Yes.- He said that, right? - That is what he told me, yes.

1:21:05 > 1:21:08"And I went home to feed my dog."

1:21:08 > 1:21:12Did he say why it was so important to feed the dog at that point?

1:21:12 > 1:21:15I never got the impression that was important.

1:21:15 > 1:21:18- That was just what he did when he got home.- Right.

1:21:18 > 1:21:22Why go home if he had completed this armed robbery and killed somebody?

1:21:22 > 1:21:24- Did he say?- No.

1:21:24 > 1:21:26LAWYER COUGHS

1:21:26 > 1:21:31"Later I was walking to Blockbuster Video to get a job application."

1:21:31 > 1:21:32Why did he need a job

1:21:32 > 1:21:36- if he had taken up this new career as an armed robber?- I don't know.

1:21:36 > 1:21:39OK. "When the police stopped me,

1:21:39 > 1:21:43"the policeman asked me to come with him to the Ramada Inn, which I did."

1:21:43 > 1:21:45Did he say why he went with the police

1:21:45 > 1:21:48if he had just killed somebody over there?

1:21:48 > 1:21:51He just said he was asked and he complied.

1:21:51 > 1:21:55- "Complied" - was that what he said? - No, that is my word.- OK.

1:21:55 > 1:22:00If we could, let's distinguish between your words and his. OK?

1:22:00 > 1:22:04"The man who was with the woman I shot came to the car

1:22:04 > 1:22:07"and told the police I was the one who shot her."

1:22:07 > 1:22:09- Right, he said that?- Yes.

1:22:09 > 1:22:12And he is saying this stuff out loud, right?

1:22:12 > 1:22:17- We are formulating sentences. - Is he saying this stuff out loud?

1:22:17 > 1:22:22- Actually, I am saying this and he is agreeing to it.- OK.

1:22:22 > 1:22:24Which of these words did he say out loud

1:22:24 > 1:22:27that could be heard in the monitoring room?

1:22:27 > 1:22:32- All of them.- OK. Whilst somebody was in the monitoring room?

1:22:32 > 1:22:36- Detective Williams was in there. - So he would have heard him say all of these words, is that right?

1:22:36 > 1:22:43The video monitoring room. Where is the video monitoring room?

1:22:47 > 1:22:50Did you hear him ask Detective Darnell

1:22:50 > 1:22:52to write the statement out for him?

1:22:52 > 1:22:54- No, sir.- Did you hear him say,

1:22:54 > 1:22:58"Last night, I got home late and I didn't get a chance to eat"?

1:22:58 > 1:23:01- Did you hear the defendant say that? - No, sir.

1:23:01 > 1:23:04Did he ever say, "I approached an older white man and woman

1:23:04 > 1:23:05"and asked for spare change"?

1:23:05 > 1:23:08- Did you hear him say that? - No, sir, I did not.

1:23:08 > 1:23:12During that portion of conversation you monitored with Darnell,

1:23:12 > 1:23:17did he ever describe, with any particularity,

1:23:17 > 1:23:20the clothing of the lady he supposedly shot?

1:23:20 > 1:23:22I never heard him say that, sir.

1:23:22 > 1:23:26- While monitoring Darnell, did you ever hear him say he shot anybody? - No, sir.

1:23:29 > 1:23:34OK. Now, since that time and in the six months that followed,

1:23:34 > 1:23:36which of the facts asserted in here

1:23:36 > 1:23:39have you been able to verify in anyway?

1:23:39 > 1:23:42I have not attempted to verify any of them.

1:23:49 > 1:23:50Thank you, sir.

1:23:50 > 1:23:53# Don't leave me alone, Lord

1:23:53 > 1:23:56# Don't leave me alone

1:23:59 > 1:24:06# While I'm on this tedious journey Oh, Lord

1:24:06 > 1:24:10# I want Jesus

1:24:10 > 1:24:14# To walk with me. #

1:24:24 > 1:24:27- We come with thanksgiving in our hearts.- Yes, Lord.

1:24:27 > 1:24:32Today, we lift up your holy name.

1:24:32 > 1:24:34We thank you, Lord.

1:24:34 > 1:24:37Bless us and hold us and keep us.

1:24:37 > 1:24:39In Jesus Christ's name we pray.

1:24:39 > 1:24:41Thank you, Lord. Amen.

1:24:41 > 1:24:42CONGREGATION: Amen.

1:24:54 > 1:24:58I will probably go to sleep about ten.

1:24:58 > 1:25:02I'll probably get up about 2.30.

1:25:02 > 1:25:04Then I will take all the notes

1:25:04 > 1:25:07I have made over the weeks and months

1:25:07 > 1:25:10and I will start a distillation process, you know?

1:25:11 > 1:25:15Throwing out the things that I think either are not compelling

1:25:15 > 1:25:19or not important enough to use any portion of my hour and a half on.

1:25:19 > 1:25:23Boiling it down to the facts that I think work best for us

1:25:23 > 1:25:25and then trying to couch those facts

1:25:25 > 1:25:28in a way that will be compelling to the jury,

1:25:28 > 1:25:30that will ring true with them.

1:25:35 > 1:25:38Are these things we have heard worthy of belief?

1:25:38 > 1:25:41Are they consistent with what other witnesses say?

1:25:41 > 1:25:43Are they consistent with the physical evidence?

1:25:43 > 1:25:47Are the things the detective said true or false

1:25:47 > 1:25:48and, if so, how do we tell?

1:25:48 > 1:25:53This jury tomorrow could well come back against me.

1:25:53 > 1:25:57When I say against me, I take it personally.

1:25:57 > 1:25:59The man - or boy, in this case -

1:25:59 > 1:26:02who will suffer is Brenton Butler.

1:26:03 > 1:26:08He could well suffer with the loss of liberty for the rest of his life.

1:26:08 > 1:26:11Um...that is a very frightening thing.

1:26:11 > 1:26:14I believe, in my heart of hearts, that he is innocent.

1:26:16 > 1:26:19I am not allowed to say that to the jury.

1:26:19 > 1:26:22I can't tell them that I believe that.

1:26:22 > 1:26:25I can tell them that the evidence shows that.

1:26:27 > 1:26:31And they may or may not agree with my view of the evidence, and,

1:26:31 > 1:26:33if they disagree,

1:26:36 > 1:26:38I don't know what I will do.

1:26:39 > 1:26:44This is not a loss I will be able to take easily.

1:26:47 > 1:26:52Ladies and gentlemen, the defendant Brenton Butler shot and killed

1:26:52 > 1:26:58Mary Anne Stevens during an armed robbery on May 7th of this year.

1:26:58 > 1:27:03The State must prove the material elements of this charge

1:27:03 > 1:27:08beyond a reasonable doubt, and I submit that we have.

1:27:08 > 1:27:12We have an eyewitness, a person who was right there

1:27:12 > 1:27:16and watched the defendant, Brenton Butler,

1:27:16 > 1:27:20shoot his wife right in front of his eyes.

1:27:20 > 1:27:22Four to five seconds...

1:27:22 > 1:27:27it is an eternity when facing a man with a gun.

1:27:27 > 1:27:31You recall Miss Finnell counting. Well, I tell you it's this.

1:27:31 > 1:27:341,000, 2,000,

1:27:34 > 1:27:393,000, 4,000, 5,000,

1:27:39 > 1:27:44looking directly at the man holding a gun and shooting your wife.

1:27:44 > 1:27:48Mr Stevens is a man who is 65 years old.

1:27:48 > 1:27:51He told you about all of his life experiences,

1:27:51 > 1:27:55and I submit to you that when he looked at that person,

1:27:55 > 1:27:59and then he saw the defendant two and a half hours later,

1:27:59 > 1:28:03that he identified him as he said, "I am sure of it.

1:28:03 > 1:28:07"I would not put an innocent man in jail."

1:28:07 > 1:28:10Now, let's talk about the alibi.

1:28:10 > 1:28:14The murder of Mrs Stevens occurred around 7.30 in the morning

1:28:14 > 1:28:17on Sunday the 7th.

1:28:17 > 1:28:19The defendant lives less than one mile away.

1:28:19 > 1:28:23What does it take? Less than five minutes to get away from the scene

1:28:23 > 1:28:26and then five or ten more minutes to get home.

1:28:26 > 1:28:29We're not talking about a very long distance.

1:28:29 > 1:28:32Now, according to his mother,

1:28:32 > 1:28:34between 7.00 and 7.15 she hears

1:28:34 > 1:28:36the defendant in the bathroom,

1:28:36 > 1:28:40and then around eight he is coming from the laundry room.

1:28:40 > 1:28:44Think about that. That is according to his mother.

1:28:44 > 1:28:46Sometime around eight o'clock -

1:28:46 > 1:28:4930 minutes after Mrs Stevens was shot.

1:28:49 > 1:28:53Let's talk about the confession.

1:28:53 > 1:28:56The defendant says he never made those statements.

1:28:56 > 1:29:00Not that they are not voluntary. He never made them.

1:29:00 > 1:29:04That is what the defendant claims about this.

1:29:04 > 1:29:09Now, I tell you, the claims in this case are outrageous.

1:29:09 > 1:29:12They are horrible. They are horrendous.

1:29:12 > 1:29:17To claim that these police officers beat this 15-year-old

1:29:17 > 1:29:21until he DIDN'T confess but finally signed the written confession,

1:29:21 > 1:29:24they are horrible. If you believe those after this trial,

1:29:24 > 1:29:27I urge you to call the media,

1:29:27 > 1:29:31call the FBI, call anybody. They are outrageous.

1:29:31 > 1:29:37But I submit to you, to believe those allegations

1:29:37 > 1:29:42you need to believe in a conspiracy worthy of Oliver Stone.

1:29:42 > 1:29:45Look at this person.

1:29:45 > 1:29:48This is a person who confessed,

1:29:48 > 1:29:52who told his side of the story, as Detective Glover talked about.

1:29:52 > 1:29:56Mr McGuinness is going to have an opportunity to talk to you,

1:29:56 > 1:30:01and I want you, as he talks, to think about the things I have said.

1:30:01 > 1:30:03But I submit to you that first,

1:30:03 > 1:30:07if you just look at Mr Stevens's identification,

1:30:07 > 1:30:09right there,

1:30:09 > 1:30:14the one eyewitness positively identified the defendant.

1:30:14 > 1:30:18Identified him by his face.

1:30:18 > 1:30:22And that alone proves our case beyond a reasonable doubt.

1:30:22 > 1:30:24Thank you.

1:30:25 > 1:30:27Winston Churchill used to say

1:30:27 > 1:30:30that the quality of a nation's civilisation

1:30:30 > 1:30:33can be measured by the methods its police use

1:30:33 > 1:30:35in enforcement of criminal laws.

1:30:36 > 1:30:40I suggest to you, by that yardstick,

1:30:40 > 1:30:42we're in deep trouble.

1:30:42 > 1:30:45Ask yourselves what you know about this investigation.

1:30:45 > 1:30:48Are you satisfied? Can you be satisfied?

1:30:48 > 1:30:53Can you ratify and endorse and condone what happened in this case?

1:30:55 > 1:30:57I think, based on the evidence, not.

1:30:57 > 1:30:59The police had a problem.

1:30:59 > 1:31:03At this motel, there was a murder.

1:31:03 > 1:31:07It was a stranger murder. They are the most difficult to solve.

1:31:07 > 1:31:11It requires diligent police work.

1:31:11 > 1:31:14It requires attention to detail.

1:31:14 > 1:31:18It requires an appreciation of the forensic evidence.

1:31:18 > 1:31:20It requires careful analysis.

1:31:20 > 1:31:22It didn't happen here.

1:31:22 > 1:31:25But what did the police do?

1:31:25 > 1:31:28In Casablanca, they had the line, "Round up the usual suspects."

1:31:28 > 1:31:30What they did,

1:31:30 > 1:31:33is they went looking for black people.

1:31:35 > 1:31:39And two and one half hours after this shooting,

1:31:39 > 1:31:43a 15-year-old boy was on his way

1:31:43 > 1:31:45to get a job application.

1:31:45 > 1:31:49A young man that works. That has worked in the past.

1:31:49 > 1:31:52That pays for his own clothes and his CDs.

1:31:52 > 1:31:55That the State would have you believe, at age 15,

1:31:55 > 1:31:58he gets up, has his yoghurt, decides to go kill somebody,

1:31:58 > 1:32:01kills them,

1:32:01 > 1:32:04comes home and feeds the dog.

1:32:04 > 1:32:07Somebody who has never, in his lifetime,

1:32:07 > 1:32:08been seen by anybody with a gun.

1:32:08 > 1:32:12Now, Mr Stevens made an identification.

1:32:12 > 1:32:15He made an identification of a man

1:32:15 > 1:32:20four inches shorter than the person he'd described,

1:32:20 > 1:32:22five to ten years younger...

1:32:23 > 1:32:25..who was...

1:32:30 > 1:32:34..wearing a shirt where the absolute most noticeable thing about it...

1:32:36 > 1:32:38..is the Nautica logo.

1:32:38 > 1:32:40The man who wielded that gun

1:32:40 > 1:32:43would have had to have the gun at least at chest height

1:32:43 > 1:32:46to get the angle of entry that the doctor described.

1:32:46 > 1:32:49The gun would have been right there.

1:32:49 > 1:32:52This logo cannot be missed

1:32:52 > 1:32:55from 2.5 feet looking at someone, if it's there.

1:32:56 > 1:32:59But that very same identification

1:32:59 > 1:33:01created some real problems for the police.

1:33:01 > 1:33:05Their only eyewitness is wholeheartedly committed

1:33:05 > 1:33:10to an identification that if they were going to make a case...

1:33:11 > 1:33:13..they had to make that come true.

1:33:13 > 1:33:17And they have the television crews out there already.

1:33:18 > 1:33:22They had a case they knew was going to get a lot of attention,

1:33:22 > 1:33:26because you had a white victim, a black shooter,

1:33:26 > 1:33:28a tourist in Florida.

1:33:31 > 1:33:36And that media attention, the racial aspects of it...

1:33:36 > 1:33:39the pressures on the police...

1:33:39 > 1:33:43I think coloured everything that happened later that day.

1:33:43 > 1:33:49Why was everybody distancing themselves from Glover in the woods?

1:33:49 > 1:33:54Here is the fellow who claims he has the man who knows where the gun is.

1:33:55 > 1:33:57They're going to the woods.

1:33:57 > 1:34:00And Glover went deep in that woods.

1:34:00 > 1:34:04He went out of earshot and eyesight of everybody.

1:34:04 > 1:34:06Without any lights.

1:34:06 > 1:34:09But he's looking for a gun, he says.

1:34:13 > 1:34:18And he punched a 15-year-old boy in the gut,

1:34:18 > 1:34:19twice.

1:34:19 > 1:34:20And once in the eye.

1:34:23 > 1:34:26Think about why Glover was brought in.

1:34:26 > 1:34:31What does the evidence tell us his most distinguished achievement was before his father became sheriff,

1:34:31 > 1:34:36and suddenly, they realised his potential a as a homicide detective. Cos he sure wasn't one before then.

1:34:36 > 1:34:41Before that, his most noteworthy achievement was hitting people and hitting them well.

1:34:41 > 1:34:46- Objection, Your Honour! May I approach?- You may.

1:34:46 > 1:34:49Will our reporter please join us?

1:34:52 > 1:34:57You may have noticed, when Detective Glover was on the stand...

1:34:59 > 1:35:01he's a right-handed man.

1:35:03 > 1:35:06And when a right-handed man...

1:35:09 > 1:35:11..hits a man he's facing,

1:35:13 > 1:35:15which side is he going to hit?

1:35:17 > 1:35:23We know that Brenton Butler went into police custody unmarred and unscratched.

1:35:24 > 1:35:27We know he didn't emerge that way.

1:35:29 > 1:35:34We spent hours talking to witnesses who would reluctantly give up bits of the truth,

1:35:34 > 1:35:37a little bit at a time.

1:35:37 > 1:35:39But you now know

1:35:41 > 1:35:46what Detective Williams should have known, had he bothered to check, the morning of May 7th.

1:35:46 > 1:35:50And I believe it reveals something very frightening.

1:35:50 > 1:35:51There is still

1:35:51 > 1:35:52a man out there.

1:35:52 > 1:35:55That man is 20-25 years of age.

1:35:55 > 1:35:58He is probably about six feet in height.

1:35:58 > 1:36:01He has a collar on his shirt.

1:36:01 > 1:36:04He still has a functioning gun.

1:36:04 > 1:36:11And because no diligent effort was made in the investigation in this case,

1:36:11 > 1:36:14likely some other citizen will come to harm,

1:36:14 > 1:36:19because...the work wasn't done when and how it should have been done.

1:36:21 > 1:36:27I ask you each individually and collectively, tasked with fidelity to your oaths,

1:36:27 > 1:36:31to well and truly try the issues in this case.

1:36:32 > 1:36:40And I suggest that if you do, this will truly be a thanksgiving this week for Chevy Drive.

1:36:40 > 1:36:42I thank you for your kind attention.

1:36:46 > 1:36:50We want everybody to be fresh, we want everybody to be clear of mind.

1:36:50 > 1:36:54So what we'll do in just a moment is we'll recess for the evening.

1:36:54 > 1:36:57We'll come back. I will for sure have everything ready to go.

1:36:57 > 1:37:01So you are released. We'll see you at 9am outside courtroom number four.

1:37:53 > 1:37:58We have all our trust in the Lord and if it weren't for the Lord,

1:37:58 > 1:38:02we don't know where we would have been by now.

1:38:02 > 1:38:06And so it's no mistake. The Lord don't make mistakes.

1:38:07 > 1:38:11And so we're going to be here. We're here,

1:38:11 > 1:38:15and the Lord's going to be in that courtroom. He gon' be in that courtroom.

1:38:15 > 1:38:19And you talking about when they're going to allow you to come home,

1:38:19 > 1:38:25when you are set free - you going to talk about some hallelujah good time in there?

1:38:25 > 1:38:28You going to be shouting? They gonna run us out.

1:38:28 > 1:38:30They going to run us out.

1:38:30 > 1:38:36Cos when you get all these Christians together and they going to be having a joyous good time.

1:38:36 > 1:38:39They going to be thanking and praising the Lord.

1:38:42 > 1:38:45Brenton Leonard Butler, the defendant in this case,

1:38:45 > 1:38:51has been accused of the crimes of murder in the first degree and armed robbery.

1:38:52 > 1:38:56If you find Mary Ann Stevens was killed by Brenton Leonard Butler,

1:38:56 > 1:39:00you will then consider the circumstances surrounding the killing

1:39:00 > 1:39:05in deciding if the killing was first degree murder,

1:39:05 > 1:39:11or was murder in the second degree, murder in the third degree, manslaughter,

1:39:11 > 1:39:17or whether the killing was excusable or resulted from justifiable use of deadly force.

1:39:19 > 1:39:26A reasonable doubt is not a mere possible doubt, a speculative, imaginary, or forced doubt.

1:39:26 > 1:39:31A reasonable doubt as to the guilt of the defendant may arise from the evidence,

1:39:31 > 1:39:35conflict in the evidence, or the lack of evidence.

1:39:35 > 1:39:40If you have a reasonable doubt, you should find the defendant not guilty.

1:39:40 > 1:39:44If you have no reasonable doubt, you should find the defendant guilty.

1:40:17 > 1:40:23THEY MURMUR PRAYERS

1:40:44 > 1:40:45ALL: Amen.

1:41:03 > 1:41:05If you're here for the Brenton Butler case,

1:41:05 > 1:41:08if you would please re-enter the courtroom quietly.

1:41:08 > 1:41:10Your jury has reached a verdict.

1:41:15 > 1:41:20We have a verdict, if you want to come over. And let Sue or anybody else who's interested know.

1:41:20 > 1:41:21Bye.

1:41:24 > 1:41:28MAN: What did it mean? Did he tell you 45 minutes?

1:41:30 > 1:41:34Means they've either found for us or against us.

1:41:34 > 1:41:35I'm hoping it's for us.

1:41:52 > 1:41:57Is everyone who is outside and following the trial here and had an opportunity to be present?

1:41:57 > 1:42:02Mr Stevens is here, and the Butler family is here. Are we ready to proceed, counsel?

1:42:06 > 1:42:09OK, then. Let's bring the jury back in.

1:42:28 > 1:42:31- Mr Young, are you the foreperson? - Yes, I am.

1:42:31 > 1:42:34- Has the jury reached a verdict? - Yes, we have.

1:42:34 > 1:42:38I'm going to hand the verdict forms to our clerk and ask that she publish the verdicts.

1:42:38 > 1:42:43Ladies and gentlemen of the jury, I want you to please stand and hearken to to your voting.

1:42:43 > 1:42:48In the circuit court of the Florida justice circuit in Duval County, Florida,

1:42:48 > 1:42:56case number 2563 5C, division CRG, the State of Florida versus Brenton Leonard Butler,

1:42:56 > 1:43:00verdict as to count 1, we the jury find the defendant not guilty.

1:43:00 > 1:43:02CHEERING AND WHOOPING

1:43:02 > 1:43:07I ask you, please, everyone... please maintain decorum in the courtroom. Thank you.

1:43:07 > 1:43:13Case number 2563 5C division CRG, the State of Florida versus Brenton Leonard Butler,

1:43:13 > 1:43:17verdict as to count 2, we the jury find the defendant not guilty.

1:43:17 > 1:43:20So say we all at Jacksonville, Duval County Florida.

1:43:20 > 1:43:24Signed by the foreperson, dated November 21st, 2,000.

1:43:24 > 1:43:28- OK. Does either counsel wish the jury to be polled? - PROSECUTOR:- No.

1:43:28 > 1:43:31OK. Ladies and gentlemen, please be seated.

1:43:31 > 1:43:34Ladies and gentlemen, thank you for your time and patience in this matter.

1:43:34 > 1:43:38I hope you all come away from this with a sense that you really have

1:43:38 > 1:43:40done something to contribute to the community,

1:43:40 > 1:43:42to the criminal justice system.

1:43:42 > 1:43:46I hope that you have some pride in the sense of the process

1:43:46 > 1:43:51and pride in the way that you have contributed to that and participated in our system,

1:43:51 > 1:43:54which I think is the best legal system in the world.

1:43:59 > 1:44:01DIALOGUE INDISTINCT

1:44:03 > 1:44:06INDISTINCT

1:44:06 > 1:44:07Yeah.

1:44:10 > 1:44:12You did good work.

1:44:24 > 1:44:25Take care, gentlemen. Thank you.

1:44:27 > 1:44:29Here he comes.

1:44:31 > 1:44:34INAUDIBLE

1:44:37 > 1:44:39THEY WEEP

1:45:04 > 1:45:06I am very happy

1:45:06 > 1:45:09that a good young man has been returned to his family for Thanksgiving.

1:45:16 > 1:45:21Yeah! Not guilty, not guilty, not guilty! Yeah, yay!

1:45:21 > 1:45:23Not guilty!

1:45:26 > 1:45:29INDISTINCT

1:45:55 > 1:45:58'There is still a man out there.

1:45:58 > 1:46:00'That man is 20-25 years of age.

1:46:00 > 1:46:03'He is probably about six feet in height.

1:46:05 > 1:46:12'He still has a functioning gun because the work wasn't done when and how it should have been done.'

1:46:20 > 1:46:25'Stay right here for your news. This is ABC 25.'

1:46:25 > 1:46:28Well, he was a high school student accused of murder, tried and acquitted.

1:46:28 > 1:46:32Now, a year later, police say they had the wrong guy.

1:46:32 > 1:46:36Our reporter Winston Dean is at the Ramada Hotel, where this crime happened.

1:46:36 > 1:46:39Winston, tell us more about the man who put it all together.

1:46:39 > 1:46:43We understand it wasn't anyone in law enforcement?

1:46:43 > 1:46:48You are right about that, Allen. And critics of what happened to Brenton Butler say the scary part is,

1:46:48 > 1:46:52the person who may have solved this crime doesn't wear a badge or carry a gun.

1:46:52 > 1:46:57It was a lawyer whose salary we as taxpayers have to pay - someone who never gave up.

1:46:57 > 1:47:00In this case, Brenton Butler's public defender.

1:47:00 > 1:47:05The first week of January, we got a tip from a public defender client.

1:47:07 > 1:47:12Told us that he'd been in a cell of a man Juan Curtis.

1:47:12 > 1:47:16This fellow, Juan Curtis, had admitted being the shooter,

1:47:16 > 1:47:19shooting Mrs Stevens in the face,

1:47:19 > 1:47:24because Mrs Stevens had thrown a cup of coffee on him during the course of the robbery.

1:47:28 > 1:47:32After the trial, the original trial in this case,

1:47:32 > 1:47:36we retrieved the purse from Mr Stevens

1:47:38 > 1:47:40and we processed for evidence

1:47:40 > 1:47:44all parts of the purse that had not been previously processed.

1:47:44 > 1:47:50We have discovered a fingerprint that belongs to Juan Curtis,

1:47:50 > 1:47:52the shooter in the offence.

1:48:07 > 1:48:08Juan Curtis.

1:48:08 > 1:48:12Mr Curtis, you're charged with murder and armed robbery.

1:48:12 > 1:48:16Mr Curtis, you want me to appoint an attorney to represent you?

1:48:16 > 1:48:17Sign that form.

1:48:20 > 1:48:27You meet the criteria for appointment of counsel, and I appoint Refik Eler to represent you,

1:48:27 > 1:48:32and he will be in touch with you at the Duval County Jail.

1:48:32 > 1:48:34Ronald Page?

1:48:39 > 1:48:45POLICE RADIO: 'It's gonna be a skinny black male wearing dark shorts, shirt,

1:48:45 > 1:48:47'had on a hat.'

1:48:47 > 1:48:54'Latest update is a black male, 20-25 years of age with skinny legs, about 6'2...'

1:48:54 > 1:48:57'Could be him, could be anybody.'

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