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tonight on three 60, through reports that it meets a no nonsense judge. what he said on the stand in front of a woman he sexually abused, and what the judge would let his lawyer. ask lawmakers have said they wanted eu a deal but can't -- shoot his mother charged with involuntary land manslaughter. why she and her husband are being held responsible for the murder of four students by their troubled son. good evening, thanks for joining. as we begin tonight with donald trump's brief testimony in the penalty phase of a second trial for defaming e. jean carroll. it came after the judge, luis kaplan, reiterated in graphic detail with the former president had already been held liable for, sexually abusing miss carroll. with several interjections from the defendant, the judge established type parameters on what trump attorney alina habba could and could not ask it made for quite a scene today and

senior political correspondent trump biographer maggie haberman was in court to see it, so a cnn's kara scannell, legal analyst zoe honig, and -- carroll, what did he say on the stand? >> they spent about ten minutes going back and forth to try to really contain the questions that would be asked and what trump's answers would be to stick those confines and then his testimony was over in less than three minutes. it was three straight questions from his attorney, alina habba. earlier in the day, there are video clips of clump trump's deposition where he mistakes carroll for marla may present a photograph on repeat some of his statement he doesn't know her calls her mentally ill. harbaugh asked trump, do you still bear testimony in the deposition? trump says 100 and yes. she then asked, him did you deny the allegation because miss carroll made an accusation? trump said that's exactly right. yes i did. she said something that i

considered a false accusation, totally false, the judge cut him off and said everything after yes is restricted for the record. that's really time we saw trump vera way from what was strictly adhered to. the last question habba asked was did you ever instruct anyone to hurt miss carroll in your statements? trump said no, i just wanted to defend myself, my family, and frankly, the presidency. the judge also told the jury disregard everything after no. it was such a contrast in the civil fraud trial when he's that is a platform to make critical speeches, to attack the judge, to attack the attorney general. taking the campaign into the courtroom. that was not the case today. it was very controlled and his statements were really just specific to the questions and ones that haven't worked out. >> from a legal standpoint, did trump do himself any tent favors testifying today? >> it could've been worse. i was surprised. he seems to have done little harm. i think the irony of this is, donald trump has complained loudly about the judge here, louis kaplan, who i appeared in

front of many times but i think caplan did trump a favor. as carolina, out the drug judge throughout the trial his said very tight parameters and has allowed zero nonsense, true to form for judge kaplan. as a result, donald trump was not able to get up in front of a jury and go on a political tangent and make himself a martyr. he just answered three fairly straightforward questions in very straightforward fashion, and it needs to be seen if the jury will believe what he said. and how much is that going to reduce the damages? >> i have a slightly different take. i think part of why trump was so controlled is he's always good at figuring out the bounds of what he can get away with. this is not a state court, it's not engoron's court, it's a federal court. trump spokesman was was thrown out of court, in the rest of us had to give a brief. and i don't think he's gonna be permitted back. so i think trump was aware of

what the parameters were but he did still go aside what he was supposed to do. so when caplan was having this discussion with alina habba, he kept saying what is he going to say? and he would say so is that really? it and are you standing by that? and habba kept saying that's my understanding, as i understand it. and that's what people do with an asterisk with trump over and over again. and he did go outside of what he was supposed to do. and he got in the things he wanted to say in front of the jury. so i don't think he hurt himself but i think he managed to get away with a little more. >> he's expected to get back in court tomorrow. how much of this is about his feelings about this case and the importance of it? how much of it is for political reasons, fundraising? >> i think it's both. but i do think he has been incensed about this case since 2021. i've been hearing complaints about this for two and a half years. he regretted not testifying in the initial trial that was held. he regretted that he heeded

advice by everybody, not just his council of the time, not to testify. he is be very big on control, unbelieving he's on his own best defender. i think that's a big reason, but does it have advantages? absolutely. the court cases have become indistinguishable from the command campaign trail. >> what was your biggest legal takeaway? >> interestingly, he called her, eugene carroll's prompt outcry witnesses, to the stand, his sided. that hasn't been talked about as much as him testify. but i thought he made a little headway there. because this is a damages phase of the trial. and the jury needs to figure out and put a number on how much, how much damage, frankly, he did to e. jean carroll's life and what he got out of carol martin, a prompt outcry witness, meaning she was a person who e. jean told about this back when it happened, she also had some thoughts about e.

jean carroll that she admitted to i think it was her daughter talking about how she liked the attention and she was somebody who likes the public spotlight and this was not didn't ruin the life the way she said it wouldn't i think he made a little headway there from a damages portion, because that's really all they are determining, is how much, how much money and what number to affix to this. so if it didn't harm her, then i think that that might have made some headway. >> do you agree? what happens tomorrow? >> tomorrow will be closing arguments. both sides say they're gonna take about an hour. the judge inspects the jury on the law deliberations will begin maybe even by lunchtime. it's possible i think we could see a verdict tomorrow because if you look at the first case they had to find, answer the question of the central bees question, the defamation question, the damages question. they do that in under three hours. it's possible, unless the jury

is really in disagreement, that could be a verdict tomorrow. >> and elie, in the election subversion case, trump attorneys are calling for the dismissal of the d.a., fani willis. how likely is official will be dismissed? her judgment is in question. >> two sets of allegations. i don't think either is likely to result on the charges being dismissed. but i think is a question about whether the dea continue on the state case. the d.a.'s office brought in three outside lawyers to help work on the case on a contract basis. that happens. the allegation that the dea has a personal romantic relationship with one of the three lawyers, a man named ethan wade. first of all he's underqualified, he's never tried a felony case at all. now he's trying the biggest fill in the case in the history of the state of georgia. the allegation is that he was paid in the documents back this up, $650,000 for his work when the other two were both paid under $100,000. finally the allegations that some of that money paid to

mister wade was used for personal vacations that he took and personal recreation with the d.a., fani willis. so we'll see how that comes. that they'll be a hearing on that november 15th. allegation too, you remember a couple of weeks ago, the dea went in front of a church and made a public speech, where she said, essentially, isn't it interesting that of the three lawyers i brought in there picking on the black man. she essentially suggested, or maybe more, that the motivation behind these defendants motions was racist. so the alligator allegation is that those statements are prejudicial to the jury pool that will eventually decide this case. >> you think it will lead to dismissal? >> i do not. i think perhaps she had a relationship with the defense attorney or adjudge on the case, then there's a direct conflict of interest. but this is literally two consenting adults in an office romance, and this is more of an hr type of issue then an issue that you would see would be disqualifying on a case. >> isn't it incredibly stupid?

if in fact she had a relationship with this person? this is probably the biggest case of her life. something the whole country is watching. you would think any responsible adult would be ultra careful in their behavior, wouldn't you? >> you would. and she definitely, i think, regrets, part of the speech that she gave ways the she has made some mistakes and i think she agrees with that assessment. but at the end of the day, it has nothing to do with whether or not donald trump or the other defendants did what they are alleged to have done. this really is a distraction and a sideshow that has nothing to do substantively with the case. >> elie did you get called out previously by a judge by throwing a fund-raiser for somebody? >> exactly. she was already disqualified by a different judge during the grand jury phase because she helped a political fund-raiser for the political opponent of someone she subpoenaed. i agree with karen that whether

this is romantic or not doesn't matter to me. what does matter, i think, is a serious issue, is the money, and the payment of an enormous amount of money to this person who she has some sort of relationship with, doesn't matter if it's romantic or not, and some of that money making its way back to her? that's a real issue. and also the comments in front of a church? why do we have these gag orders on donald trump? one of the big reasons is, we collectively, we are just a system, are afraid that his public comments might taint a jury pool. here you have the dea, very popular in fulton county, standing up and saying the reason these defendants, these people were trying to lock up, it are making these statements is because of race. that's incredibly inflammatory. >> thanks. coming up next a bipartisan deal on the border on the brink. are the former president is trying to sink it without the republican lawmakers, the same lawmakers, we should point out, who've been demanding action on the border for years. and also breaking news in the unprecedented move the republican party took up and how it might have turned the ongoing nomination process into virtual coronation for the

former president.

>> within a talks and the bipartisan security-dealing

question, the former president definitively answer the question we and other news outlets have been asking for several days now. not to mention senators and congress members, including members of his own party. namely, why are republican lawmakers now backing away from finalizing a deal that could help finally address the border crisis? the former president is obviously focused much of his campaign on the issues regarding the southern border. there's darn no doubt just about every aspect of border security in the asylum process doesn't need to be reformed, funded, better managed, which is why house republicans, for better or worse, have refused to consider funding for ukraine, unless coupled with a border deal. that's why republicans rarely miss a chance to blame president biden for the border problems. >> the crisis at our border is a direct cause of biden's dangerous unintentional policies. >> we do not know this entering this country. >> it's worse than it has ever been in my experience going to the border. >> it's not just a policy,

brian. it's people have died as a result of the policy. >> a nervous amounts of drugs being smuggled into our country and killing americans. >> the biden regime absolutely has blood on its hands for their failure to secure our border. >> we've had hundreds of terrorists coming across the border. >> this is a disaster that doesn't affect the border state. it affects everybody. >> they want as many illegals to flood or sanctuary cities that they can, so they can let a boat in local elections but start voting in federal elections. >> right now america is being invaded. >> our geographical integrity is gone, because we don't have the southern border. >> it's a direct result of joe biden's failed policies. >> you've got people, leaders, republican democrat, all across america, pleading with president biden to address this problem, and he refuses. >> they don't want to secure the border. they want an open border. >> actually, they don't. president biden has repeatedly acknowledge the problems at the border. the white house has been negotiating for weeks along

with democratic and republican lawmakers in the senate to reach a deal. then, all of a sudden, several days ago, republicans began to back away from one. as we know we and others have been reporting, indications began emerging that it's because the former president, donald trump, does not want a deal as long as joe biden is president. said another, way he doesn't want the problem fixed, or even addressed, because it won't be good for him. which today prompted a number of independents and republicans to weigh in. >> i think the border is a very important issue for donald trump. the fact that he would communicate to republican senators and congress people that he doesn't want to solve the border problem because he wants to blame biden for it is really appalling. >> as if on cue, he rose to the senators, bait posting on social bts the president wrote, need a strong, powerful, and perfect border, and unless we get that were better off not making a deal, even if that

pushes our country to temporarily close up for a while because it will end up closing anyway with the unsustainable invasion that is currently taking place in death wish for the usa. former president tonight describing in his mind an existential crisis, something he is willing in all caps to scream about but not anything he's actually willing to let his own party do something about because it doesn't benefit him. more on all this from melanie's an owner at the capital. it's pretty hard to believe that after hearing all that, republicans are not taking the opportunity to get something accomplished on the border. what is changed? >> donald trump happened. he has really complicated the dynamic here on capitol hill. there are a number of conservatives who are worried that this deal, which is about to released, will be too weak for them in their view, but now you have republicans who are hopping the fence and worried about crossing donald trump, especially as he is on a glide path for nomination in has this real resurgence inside the gop.

i'm told trump has been personally encouraging lawmakers to think this deal. a large part because of the fact that he wants to be able to campaign on this issue in november and it does not want to give president joe biden a win in an area where he is probably politically vulnerable. now senators who are involved in these negotiations say they're going to keep pressing on. they are undeterred. they're hoping to reveal -- sometime by next week, but the reality is it's going to be an uphill climb for a compromise. >> we showed you the latest post from the president telling republicans to hold out for a perfect border. what impact could have on the border itself? >> luckily for a lot of the senators, they were already gone by the time trump put that posts on truth social. but there is a lot of frustration in the ranks. this is an all too familiar dynamic for many republicans, who served when donald trump was in office, and it's not the first time we've seen lawmakers working behind the scenes on a

very delicate complicated issue only to see it all blow up because of donald trump. that's exactly what it looks like it's happening again. a lot of members are really upset about, it but they know they are essentially powerless to stop it. even though is still a contingent of republicans who want to get a deal on the border. >> so is this officially dead? in the senate? >> i wouldn't say it's officially dead yet. we're gonna try to reveal bill texts next week, try to set up a vote, try to work through the weekend, and mitch mcconnell did say he still committed to trying to find a deal here. but the dynamics are really not changed at all on capitol hill. even if it's able to pass the, senate it's likely gonna be dead on arrival in house. in fact, i just reported that a senior leadership aide to steve scalise, number two house republican, who sets the floor agenda in the house, he informed a group of republican chief of staff in the senate that if the deal comes over the way that it is shaping up to be, that it is going to no go nowhere in the house. what you have here, senate republicans are going to have

even less incentive to back this deal, knowing that trump is against it, and knowing that it is going to go nowhere in the house. >> melanie zanono, thank you. breaking news, a republican resolution to declare the former president the, presumptive republican nominee before the races even over. we have new details about the former president what he knew about the resolution and his current status, just ahead.

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former president against nikki haley is the presumptive nominee. then came the blow back. after that the former president announced he didn't want that. he said he wanted to win, quote, the old-fashioned way. and now, breaking news, new details about his support for that resolution and about the state of the resolution itself. so first explain the step that the rnc was considering taken. >> first of all i do want to say one thing. this is breaking news. the proposal doesn't exist anymore. it has been withdrawn. the trump ally who put forward to begin with. so here's what happened today. we know you put forward this draft resolution. it was circulating among republican national committee members. essentially it was saying that the rnc should just come out and backed donald trump as the presumptive nominee. this would be an unprecedented step for the committee. they are usually to remain neutral. a fight they would be essentially saying not only are they backing to donald trump they are posing nikki haley which has never been done before so this was circulating

to go to the committee. the rnc pushed back pretty hard, saying it's just a draft, it's probably not gonna go through, however it would've given trump a lot of opportunity. because what happens when the rnc ends up backing a candidate, they get access to all of the rnc's files. the database, for example. their ground operations. the list goes on. and so there's a lot of blow back about this. >> so what has happened now? >> essentially what happened is that donald trump, who, we are told, actually was for this resolution, when was posed to him. and just to remind you, david facie is close to, him and it's doubtful he would put this four without going through someone in the campaign. they we told the agreed, but they received a lot of backlash. allies telling me that they were warning the campaign that this could backfire. it could cause problems. this could essentially give nikki haley a leg up because it

was making it look like trump was trying to stack the deck against her. so donald trump put out a statement saying, essentially, this. let me find it because they put it over here. he posts on truth social. remember, after agreeing, while i greatly appreciate the republican national committee rnc wanting to make neither presumptive nominee, and while they have far more votes than necessary to do it, i feel for the sake of the party unity that they should not go forward with this plan, but that i should do at the, quote, old-fashioned way, and finish the process that the ballot box. now obviously david facie heard that message loud and clear and is now withdrawing this resolution. >> what did nikki haley have to say about this? >> two things. first of all, she took a play from donald trump's playbook, started fundraising off, it said the rnc is trying to back the establishment candidate, for some very trumpian move. but we also heard this former spokesperson. everyone mcdaniel, the chair of the rnc, wants to be helpful,

she can organize a debate in south carolina, and that she's also worried that trump can't handle being on the stage for 90 minutes with nikki haley. this is something that nikki haley has been pushing for, saying she wants to take trump on. i talk to trump's campaign many times. there is no indication he's going to get on the stage with her. they don't feel they have to. they feel they are still winning this. >> all right kristen holmes, thank you. our dean is with us, former presidential candidate and former governor of vermont. governor dean, good to see you. the former chair of your own party, can you put this in context. if this resolution had moved forward, how big of a deal with this have been? >> this is so interesting because it's actually tied into the immigration debate. is this trump's party or is it the republican party or does this party even belong in america? what you've got is one guy who at his whim can twist around senators and congressman anyway and and make them look stupid

ten minutes later. this is what's going on at the aryan sea. it is a ridiculous idea that the dnc or the rnc should intercept the process the nomination. nobody would do that in the right mind but we know somebody who's not in the right mind who seems to have their henchmen dropped this up and then realize it was a stupid thing to do. >> on the border issue, as mitt romney pointed out today, the idea that the former president would get senators, members of the house, members of the senate, to basically back away from an actual border deal because he did want to give them any kind of perceived when to the white house while during this election because he wants to run on the border, it's not surprising, i guess, but it's deeply cynical. >> anderson, donald trump was

never has never given a dam about the united states of america. the only thing donald trump gives a dam about is donald trump. when he has the power to intimidate, all the people in his own party or being jerked around so fast i have no idea which is up or down anymore, it hurts the country. we need a strong republican party. right now we don't have any republican party. we have a guy who's controlling them all because they're so fearful they're hiding under the bed. it's ridiculous. >> but to hear all these members of the house, republican members of the house, many problems on the border, any kind of a solution at hand for some sort of nonexistent perfect solution that the former president is talking about down the road, peoples lives are, i mean people are dying, they're a lot of people's lives hang in the balance here. >> the republican party cares much more about the republican party than they do about the

united states of america. and i think people are going to figure that out. i suspect that joe biden is going to beat donald trump. that's why at the end of the day americans are patriotic. i know there are a lot of people who think donald trump is the solution to all these problems. the fact is donald trump is going to make them worse. it's going to be a huge problem because donald trump does not care about all of those people who go to the rally. he would sell them out in five seconds if he needed to. he selling out his own members in the house and senate right now. >> you don't believe that the former president will win? >> no, i don't. i think biden's gonna beat him. i think eventually people are going to get that donald trump cares only about donald trump and he doesn't give a -- about anyone going to his rallies. >> even with poll numbers as they are, even with the current president has historically low poll numbers right now. >> i'll tell you, so did harry truman. when he won in 1948, and beat tom dewey. tom dewey was much better

americans than donald trump ever was. look, i just think, if you look at what biden's accomplished, it's probably, domestically, in terms of, especially climate change, jobs in rural america, and boosting our tech, he's accomplished more than a democratic president, domestically, since lyndon johnson. so eventually this is going to get through. american people are not stupid. we can eventually figure out that they're going to get hurt badly by four more years of donald trump. this is the perfect evidence. the sky will turn on a dime and do everything that will help them and he doesn't care about immigration. he likes the immigration problem because it gives him a leg up in the election. that's pretty sad. >> appreciate your time, howard, intake. you coming up the connection between securing the southern border and the explosion of drug in getting related violence in ecuador. how bad is it? david culver takes us to the front lines.

according to a senior administration of filling, the crisis on the board, one likely the president biden seeks to increase, from ecuador it's once a piece of stability in the region now gang violence

the country is under a state of emergency. u.s. officials that could prompt residents to flee to the u.s.. you may remember the video from earlier this month, say 13 on men took over a tv station during a live broadcast. no one is killed they're uncomfortable from reports of. injuries, prison riots and canadians, a last election a presidential candidate was assassinated. tonight david culver shows us what police are facing, we want to warn you that some of what you're about to see is disturbing. we the >> reporter: wearer fourth in the convoy that looks about to be for pick up trucks, all of them unmarked, no lights no sirens. all the officers in plain clothes. >> reporter: where with ecuador national police course as their dispatched to a house with suspected ties to terror groups. they won't tell us where exactly we are headed, they ask us to blur their faces. we will keep it vague. we are just outside -- , ecuador's largest city and

headed into the one of the most violent areas -- . more than a dozen officers storm what could be mistaken for an abandoned barn, but their intel suggests otherwise. they cuffed two men, and search the high grass and weeds. on each corner, security camera strategically position, officers hack them down. for as they leave here we notice, they're carrying evidence, looks like a gun, and several rounds and a baggy. this is just one of thousands of raids across ecuador carried out over the past two weeks. ecuador's militants now deployed to neighborhoods. we went with them. over here you see two guys have been detained for now. officials arresting more than 3000 people so far. ecuador's latest surge in

violence sparked by the suspected prison escape of notorious gang leader, -- , known as veto. reported missing from this massive prison compound on january 7th. >> reporter: if you look over here this is what officials tell us keto was being held, possibly is still being held. they really do not know. a top military commander telling me the prison system is rife with mismanagement and heavy gain influence. so much so, that he could be still hiding inside. his disappearance led the president to dip -- a state of urgency, vowing to neutralize terror groups. a day after the declaration on january 9th, 13 armed men took over television news studio, and put guns to the heads of employees, forcing them to the ground. it held up what looked to be sticks of dynamite. people watched it all unfold on

live tv. among them this woman and her husband, they decided to pick up their ten year old son. but minutes before reaching his school someone opened fire on the streets, he stopped messaging his wife who was trying to call him. a police colonel eventually answered and told her that her husband had been shot. chaos rocked ecuador that day, especially in -- where barricades went up and streets shut down. this young girl still in our school uniform, also hit by a stray bullet. the hospital later saying she survived thanks to the security guard who drove her to the emergency room, a family friend was able to get her son to safety, but diego died before she could get to him. [speaking in a non-english language] >> reporter: across town national police in armed forces stormed the television studio,

capturing the gunman before they could kill any of the hostages. >> reporter: this is the studio, where the terror group entered. 13 of them. we saw firsthand the damage left behind. >> reporter: this is the studio door, you can see and count here, one, two, three, four, five, six. a half dozen bullet holes. the day after our visit, in a brazen strike against the government suspected gang members assassinated the prosecutor investigating the takeover. >> reporter: we're pulling this car over right now. >> reporter: police and military now stepping up their efforts, setting up random checkpoints. every possible hiding place, searched. >> reporter: i just saw one of the soldiers signaling to the other, look at his arm. they checked tattoos for any gain affiliations, even scroll through peoples phones. they also board commuter buses

to get intel. he's asking do they have anything? he he says we're doing this operation for you all. >> reporter: residents here struggle with what is happened to their country over the past few years. they tell me gangs are growing bolder and holding people in their businesses hostage, demanding protection money. known as -- . what happens if you don't pay the extortion? >> they kill you, they put explosive outside your store. >> reporter: the military tries to weed out those responsible, raiding homes like this one. holding a suspect's head at gunpoint as neighbors including kids, watch. it's a lot to take in. she says the fact that there is police here, it is comforting. she except that, if there is military patrolling the seas, what she doesn't like is that

they go into people's homes, and it's pouring out onto the street. >> reporter: but this is war, that is how the government sees it. they are asking the u.s. for support. desperate for technical equipment, ammo and intel. >> reporter: why should the u.s.? help people will look at this and say that is ecuador's problem? >> if you don't help tell us, you will see more people trying to cross the borders, these people are in the in the middle of gunfights in their neighborhoods. what would they do? >> reporter: back on the frontlines, after executing their raid. we are reminded of their feel instilled by these games. even among law enforcement. >> reporter: this officer putting on a ski mask in 90-degree heat and humidity before stepping into frame. beneath those tactical layers, a soft spot. this soldier has not been home in a week, telling us the reason he is fighting, it is for his little girl. she wrote him a letter in

english. >> reporter: i want you to know that everyone misses you here at home, we want you to return safe and sound. i ask you to help the country to be a better place. you are number one. david cooler drives us now. how badly does the country need more support, what are they asking for from the u.s.? it >> reporter: does feel desperate, we were with other soldiers as they're preparing to go in on one of those raids, we looked around and noticed, some of them were not putting on helmets an extra layers of protection. i asked one of them do you feel confident? this could be a light message? he said, it's not that we just don't have the resources. i wish i had it. we're limited emma wise to about 12 bullets a day. they need the resources, it sounds like right now the u.s. is stepping up. our colleague priscilla alvarez sent me a note saying, said the white house is trying to throw everything they have at this next 30 days to try to bring

ecuador under control. it's interesting talking to the folks on the ground, there is a direct correlation between what we're seeing with migration and what's happening with the destabilization of this country, if it falls anymore -- ahead of history making case, a mother on trial for involuntary must, accused of being responsible for son's school rampage, her father being charged with the same. we will tell you what happened in court today.

i had historic trial underway in michigan in connection with the shooting death of four students at oxford high school in 2021, seven others were wounded. the shooter was 15 years old at that time, he's convex the deadly rampage in serving life in prison without parole. his parents are facing involuntary manslaughter charges related to his crimes, that is the first. never before has this happened in the u.s..

testimony in the mother's case started today the father will be tried separately, that is tentatively scheduled for march. if convicted they each could face 15 years in prison. prosecutors allege they knew warning size, and his father bought him a gun and took him to a shooting range. in today's court details, here is jingles are as. >> jennifer crumbley didn't pull the trigger that, day she is responsible for those. death >> reporter: prosecutors laying out their case, why jennifer crumbley should also be held responsible for the shooting deaths of four students, committed by her son in november 2021, at oxford high school in michigan. >> despite her knowledge of his deteriorating mental crisis, despite her knowledge of his growing social isolation, this gun was gifted. >> reporter: in an unusual move prosecutes brought in involuntary manslaughter charges against crumbley and her husband james, accusing them of disregarding the risks when buying a gun for their

son. four days before the shooting. even though, he was struggling with mental health. >> they didn't do any number of tragically small and easy things that would've prevented all this from happening. >> reporter: kremlin her husband are being tried separately, pitted against each other now after jennifer was overheard in jail blaming her husband. both have pleaded, not guilty. the death fence arguing that crumbley could not know that her son struggles would lead to murder. >> when you evaluate that evidence, you knew what she know and what she didn't know, you will see that this was absolutely not foreseeable. this was absolutely not expected. >> reporter: in the spring of 2021, text messages show that he told his mother he was seeing things, i have a picture of the demon. it is throwing bowls. can you at least text back? on black friday that year,

james using money is centered waiting tables went with him to buy a gun. this nine millimeter. that weekend jennifer took him to a shooting range. at school, two days later, their son was drawing a gun bullets and blood. the thoughts won't stop, help me. blood everywhere. my life is useless. his parents were asked to come to the school when a counselor told. them >> i'm concerned that he needs somebody to talk to for mental health support. >> did you tell either one of them when, that should occur? >> i said as soon as possible, today if possible. >> reporter: the crumbley said they had to get back to work, but what take him to a professional within 48 hours. no one looked in their son's backpack. inside was that gun. he took it back to class in two hours later, opened fire. >> medical emergency, oxford

high school. the scene is not secure. >> reporter: when you heard about this shooting james crumbley called 9-1-1. >> my son took the gun, i don't know what's going on. i am freaking out. >> reporter: jennifer texted her son, don't do it. but it was too late, madisyn baldwin, tate myre, -- and justin shilling where dead. >> it entered here an accident here. in >> reporter: court today one teacher recounting the terror when she was shot. >> i realize he's raising a gun to me, i had texted my husband, i love you active shooter. and then i started feeling blood dripping down my arm. it's an incredible case he said that he was seen demons in their house, and they bought him a gun and took him to train and shooting. i understand the mother wants her son to testify on her behalf. >> reporter: it is a big legal issue right now, jennifer sun

texted a friend at school, he had moved away but there are thousands of text and one of these text, a lot are gonna come in, one we know is gonna come in where he texted his friend and said, i told my dad i have mental issues so i want to go to the doctor, he needs to take me. and my dad said, suck it up. take a pill. my mother just laughed. that is coming in, however we just learned the psychiatry-est assessed him after he was in jail, and talk to him about this text, he said i made that all up. i just made it up to my friend, it wasn't true it didn't happen. so now, they want the defense, the defense wants the psychiatric records, the psychiatrist to testify and their son, jennifer sun to testify, to have what they believe is the full truth. but the appellate lawyers are saying no, this is privileged information. he's not gonna testify, you're not gonna get those records. that is the big. issue thank you so much

will continue to follow it and we will be right back.