a center to raise awareness about dating violence. and there are still those like paige whitney, who will never let the memory of a graceful, joyous, young spirit fade away. >> for the rest of my life, whenever i see purple, i will think of her. whenever i hear a story of any type of domestic violence, i will think of her. and i will not stop telling her story. >> that's all for this edition of "dateline." i'm craig melvin. thank you for watching. couldn't comprehendallo: i what was happening. i couldn't sleep. losing my husband, it's an image that >> i couldn't comprehend what was happening. i cannot see losing my husband. it is an image that will never

go away. >> and father out for a walk with his son. >> i heard shots. >> the child survives, the father does not. >> all he was asking is how is the baby? is the baby okay? if the killers were never caught. the end, one month later another shooting. the victim the dead man's partner and no question this time who the makiller was. >> i panicked. i thought that he was reaching for r his gun. that is when i shot. >> was it self-defense? >> the detective kept telling us everyone's life is in danger. >> was it something else? what secrets were stored on the tape? villain or victim?

hello, and welcome to "dateline." as day turned to night, a dark mystery unfolded on a stretch of sidewalk in miami opto dateline. as day turned to night and dark mystery unfolded on a stretch of sidewalk in miami when a car pulled up and opened fire on a father and his infant son. a widow wracked with grief, desperate for justice. the shooting was caught on security camera, detectives soon learned the pictures only revealed a small glimpse into this twisted tale. twisted tal. >> it was dusk orin miami, today's heat retreated. parks filled up. soccer games were called to order. orlando loved the evening ritual. he and his 18-month-old son

noah. orlando noted on the boy. >> he was a hands-on dad. >> noah's mom there to record it all. >> my husband was an outdoor person. he was always doing things with noah. >> on a spring evening orlando walked behind noah who rode along on his toy car. a security camera watching them toggle down the sidewalk. they disappeared around a corner. >> that was the worst day of my life. >> what happened? well, that is still being debated in a way. a chain of events in which a father-son evening stroll may have been the first, the surly not the last. a moment to fill you in.

cindy came to miami as a teenager. she was bright and ambitious. she learned english pretty much from scratch, became a hairdresser and experimented with her own life frequently, as you will see. it was back in 2006. cindy had been invited to a super bowl party. in the crowd and the noise she did not notice orlando mesa, but he noticed her. >> according to him, it was love at first sight. >> did you feel that way too? >> not at first. >> after that super bowl party she got very interested in that funny, handsome guy named orlando. the mechanic with the wild and curly hair. >> she definitely made me laugh. >> he was as ambitious as she was. he didn't just fix cars. he bought a couple of large trucks.

then he branched out into real estate development. having tried marriage once, sydney was reluctant to try again. but orlando not a man inclined to entertain doubt. one weekend he invited cindy to a barbecue party. >> he surprised me. he knew that i love mariachi bands. there was a mariachi day coming and he was thinking. he gets on his knees and he proposed. it was exciting. >> that is a day you don't forget. >> never. >> in short order they got married and had a baby and became a family. why did you pick noah as a name? >> they had a book on baby names. i saw the name and i said met new beginning. i loved it. >> so it was a new beginning, as happily recorded as any new parents can make it. but if this was the beginning,

then what was this? that early evening in april 2008. orlando and noah heading down the street in his toy car. they turn the calendar -- corner and then. >> i heard very loud shots. i went outside. that is when i saw my husband full of blood, crying for help. i am sorry. it is an image that is never going to go away. i didn't see my son at first. i saw the worst. i went crazy. i thought my son was kidnapped. >> from the front yard a neighbor called out. >> she said i have your son! my brave neighbor took my son from my husband's arms. when i

ran to grab my son my son was shot and pulled up blood. >> neighbors called 911. in the distance a woman screams. it was cindy. as cindy. all he was asking was, honey, cindy held her son for dear life . orlando tried to speak. >> all he was asking was tell me how is the baby? is the baby okay? >> an agonizing decision to ride in the ambulance with her baby or stay by her dying husband. >> of course i was torn in two, but my main concern was my baby. >> snb sped away to the hospital with noah the paramedics worked on orlando where he fell, but it was too late. they cannot save him. detectives from the north miami police department went to the

hospital to check on the boy and to deliver the bad news. >> that is the toughest part of my job. >> how did she take it? >> she obviously became even more upset. everybody started crying. >> but little noah would be okay thanks to his father's self listlessness -- >> my son was shot in his arm and leg. his father protected him. when they were shooting at him he lifted my son up. >> to keep him away from his body. what do you miss most about him? >> being with him all the time. >> that is when your life make sense? >> that is what i knew. us together with our baby. >> but now orlando was gone and

little noah was wounding and suffering. she took him home to care for him in a house that felt empty. >> i couldn't sleep see my baby suffer with the wounds, losing my husband. he was very loved by everyone in my family. >> clearly there was someone who didn't feel the same way. before long, sad cindy, she in the north miami police came to the very same conclusion about who that might be. >> coming up, cindy points to someone she thinks is a possible suspect and begged for help in bringing her husband's killer to justice. o justice. >> hug your family, kiss her children. >> when dateline continues. dat some things should stand the test of time.

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after advil: let's dive in! but...what about your back? it's fineeeeeeee! [splash] before advil: advil dual action fights pain two ways. advil targets pain at the source, acetaminophen blocks pain signals. advil dual action. acekeith morrisoncks (voiceover): they were just going for a walk on a pleasant miami evening, and yet, when her husband was gunned down and killed, they were just going for a walk on a pleasant miami evening. when her husband was gunned down and killed and her 18- month-old son wounded, cindy did not quite get it right away. hers was a particular kind of nightmare. this was an execution. >> what does it do to your head when you think someone wants

him dead? >> i could not comprehend what was happening. i was just in pain. >> three days after the shooting sydney went before police cameras at headquarters. >> hug your family, kiss her children. >> told her son noah she appeal for help to find the killers. >> please, just come forward. >> police urged her to make the appeal, hoping all of the emotion would help to generate much-needed leads. there was one lead amazing and ultimately frustrating, right there just below the roof line of their home was a security camera. north miami police major trevor shams. >> we have video footage we obtained from the victim's home. >> that is the camera to capture father and son on that last walk they took together.

watch this, a car barrows up to the curb. two men burst out, guns drawn, run around the corner out of camera range. that is where they open fire. within 15 seconds they are back in the car speeding away. they are not done. >> he was on the ground. they come back by and now you have a second rally of shots. >> it was an execution? >> yes. >> best witnesses could say is that they were african american males with dreadlocks. one callers that she thought she saw a third man in the car. . they found the car one eventual abandoned. it had been stolen. the evidence trail cooled dramatically. as for the motive? no one seemed to know. >> it was shocking. my husband was very much liked. he didn't have any known

enemies. >> was that true? detectives at the north miami police department throughout a wide net and they got some help from cindy. >> when you are working a homicide you want to reach out to the people close to the victims spouses, business associates. you want to get as much information. >> that is when sydney thought about her husband's new business partner. a man he got involved with in real estate development. >> when the police questioned me and they said who are his friends and partners? did he have any incidents? that is when i said there was an incident with this business venture. >> she met him and his girlfriend and a birthday party for their daughter who was noah's age. and then orlando told her not

long before he was murdered that he lost the big packet of cash orlando entrusted him with. if my husband gave the money to purchase lots to get in the business. >> a lot of money? >> my knowledge was $180,000. there was a robbery and the money was gone. >> $180,000 lost in cash? that is the kind of thing that makes a cop sit up and take notice. tell me about the link between he and orlando? >> small real estate from what we understand. >> all of these sound like businesses on the up and up. >> yes. >> sydney began to suspect that he must've had a reason to want her husband dead. as for what? i don't think she could say. she just kept saying he had to be involved. there was an issue over money.

it was just like her gut feeling. >> and then on 20 may one month to the day after the murder the investigation stalled. cindy was at home alone, packing to move out of the house she shared with orlando. what happened? well, sometimes it can take a while to figure out who did what to who. >> coming up, a knock, a shot and a mystery. >> he made a move and i panicked because i thought he was reaching for his gun. is gu

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keith morrison (voiceover): burying a loved one is never easy. burying a loved one who was murdered, incomprehensible. burying a loved one is never easy. burying a loved one who was murdered, and comprehensible. to make it somehow worse, said sydney, police told her her suspicions were well placed. they gave her a warning. >> the lead detective kept telling us this is a dangerous individual. >> this was pretty terrifying, says cindy. after the murder he called her incessantly. >> he would always inquire about the investigation. i felt like he wanted to keep me close for information, if he was maybe a suspect. >> on the day of orlando's

funeral, who should show up but nissan himself. if that has to be pretty bizarre to have them at the funeral. >> it was. i immediately told the lead detective. >> the lead detective came to the general also. >> she instructed us to act natural and cannot let him suspect we knew he was the person. >> and to keep taking his calls. cindy thought she could help the police off the case. there was a little more involved than a pure murder investigation. the fans were in on it now that the prosecutor assigned to the murder case. >> they were looking at him as they were looking at her husband and other people who were allegedly in the drug business. >> the drug business?

yes. all that missing cash and orlando's three prior convictions for marijuana and cocaine possession. those things gave the crime a whiff of a classic drug hit. >> my husband unfortunately had a pass before i met him and before i married him. >> orlando's crimes were not exactly big crimes. he pleaded guilty for all those charges and served a few days in jail. and although nissam also had a record none of them had a thing to do with the drug trade. the question was had something happened to sour their partnership? just over three weeks after the murder the police asked sydney to do more than just keep an eye on him. >> i was asked by the lead detective to maintain communication and help them catch this individual. >> a potentially dangerous thing to do.

secretly recording conversations. still, cindy said she would do it. on the advice of a lead investigator she bought a gun for the first time in her life. she also decided to move out of her house. but the wire? >> she never wore the wire. >> she did not. and the reason? it was may 20, exactly one month after the hit on orlando mesa. cindy was home alone, packing to move. suddenly an unexpected guest without her door, not just any guest, elon nissam. he practically forced his way in. >> he started asking me about my husband's warehouse and if i had my husband's keys? i said i don't know where he keeps his keys. that is when he became aggressive and said that i knew more than what i was telling

him. >> she watched in tara, she said, as he walked around the house. as he looked outside and saw that her dogs were securely leashed. then she said it got very scary indeed. >> he grabbed me. that is when he attacked me. i was able to get away from him. he reached out to grab me again. he scratch my neck, he rips my shirt. he chased me through the house. >> cindy says she ran to the living room where she kept her newly purchased gun. he tripped on some bags she was packing. >> when i turned around he made a move. i panicked. i thought that he was reaching for his gun. that is when i shot. i ran out of the house and i called 911. called 911. were there others with him?

she kept running. and she's frantically-- and saying, oh, they're chasing has she 'rstopped him? were there others with him? >> she is frantic saying they are chasing me. >> back at the house police found the suspect on the floor. he was very dead. they finally caught up with cindy a few blocks away and drove her to headquarters. >> how do they treat you? >> they treated me very well. they were very nice. after my statement they told me it was a justifiable self- defense. >> afterwords the lead detective dropped cindy at her parents house. >> she told my family i did the police a favor by taking out the trash. >> the next day news report quoted the police as saying tram mai was a suspect in orlando's murder and that sydney was justified, shot him in self-defense. now, regardless of that, you

had just killed somebody. you have taken another human life. >> yes. >> that can be easy to deal with. >> no. it felt unreal. >> however, as you say, the police told you that you have taken out the trash. did they essentially leave you alone after that? >> they dropped me off at my house. they told my family members i have nothing to worry about. >> you went on rebuilding your life? >> correct. >> but as they say, don't count your chickens. >> and don't judge a book by its cover. was this a story of self- defense or revenge? coming up ... >> i just couldn't believe what i heard. i heard. new sensodyne clinical white provides 2 shades whiter teeth

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welcome back to "dateline." i'm craig melvin. a grieving widow admitted to shooting a man she suspected >> welcome back to dateline. a grieving widow admitted to shooting a man she suspected of murdering her husband. the question remains, was it self-defense or cold-blooded revenge? a clue was about to surface

from an unexpected source. here is keith with more on miami heat. >> it wasn't an easy load to put in the review mirror, but a few months after she killed ilan nissim it was noah's second birthday and cindy decided his happiness would come first. she organize a party with pony rides, a pinata, a cake. cindy had always been an ambitious person. now that she was the family breadwinner two years after the murder she had a partner open a clinic that specialized in managing pain, located in nearby broward county. she hired this man to help get the business going. his name, john friskie. >> i was telling her computers and helping her get set up.

>> pain management clinics are popping up all over south florida just in and some of them were suspected to be peel mills. >> in broward county i think there were 100 some odd pain clinics. if the row more than mcdonald's. >> detective bob ware was part of a task force. they came to the attention of the d.a. task force. >> we had received complaints so we sent someone in. >> and guess who they sent? the computer expert. he also happened to be a dea informant. >> every time i went in i wore a wire. >> when you wore the wire what were you assigned to do? >> my main goal was to get

anything to piece it together. >> he talked to cindy a lot, fishing for what might be evidence of medical fraud. one day it was just over two years after cindy shot nissim. he got a very big surprise. >> it made me very uncomfortable and i just wanted to leave. >> what happened? he asked about her family and she launched into an amazing story about the shooting of ilan nissim . it was the story of how her husband was murdered and her son was wounded. how she suspected her husband's business partner ilan nissim arrays at all. then she said when she decided the police were never going to arrest him. >> i was like, i have to do something. i won't let it go. an eye for an eye. i want his daughter to grow up without a father. >> that is when a completely different story emerged about the day she shot nissim.

a far cry from the one she told police. nissim did not barge in uninvited , she lowered him they are. >> i knew what was going to happen. and, you know, i was shaking inside. outside i was calm. >> she asked nissim to take down speakers in her bedroom and then went to the living room and got her gone. >> then when he come out, i was ready. he came out of the room. he said oh ... he fell on the floor. his phone was still in his hand. help. >> she did not shoot him just once. she emptied her gun into him. john frisky simply wanted to know if she was operating a pill mill. and said it sounded like she had confessed to a much more

serious crime. >> i went to the restroom and i called the dea agent. i told him she just confessed the murder. she wants to go to lunch. he said just get out of there. make any excuse. >> frisky gave him the tape. >> i like nobody could just flat out combats like that. i cannot believe what i heard. >> the detective contacted north miami police and the prosecutor, who had her doubts all along about the story cindy told the cops. >> the persona she tries to betray of being this poor little widow is completely blind by those tapes. those ta keith morrison (voiceover): ever since nissim was shot, imani's mother, nikita roberts, his daughter, a little girl named amani. ever since nissim was shot her mother have been hearing people say the man she loved was not a

killer. >> i couldn't see this person hurting anybody or being this person they said that he was. >> prosecutors put their case together. kathy fernandez had to sign off and did so without hesitation. >> revenge isn't tolerated anywhere in the system, even if it is understandable. >> there is some push in that direction that you ought to be able to act out in your own defense. >> sometimes revenge is just an excuse and it is a lousy one. >> the state of florida did hold cindy accountable. just before christmas 2010 she was charged with first-degree murder. >> coming up there was a dead man, an apparent confession and a motive. but under florida law was a murder? murder? >> i was in fear for my life.

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[coughing] copd hasn't been pretty. it's tough to breathe and tough to keep wondering if this is as good as it gets. but trelegy has shown me that there's still beauty and breath to be had. because with three medicines in one inhaler, trelegy keeps my airways open and prevents future flare-ups. and with one dose a day, trelegy improves lung function so i can breathe more freely all day and night. trelegy won't replace a rescue inhaler for sudden breathing problems. tell your doctor if you have a heart condition or high blood pressure before taking it. do not take trelegy more than prescribed. trelegy may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. ♪ what a wonderful world ♪ ask your doctor about once-daily trelegy for copd because breathing should be beautiful.

ask your doctor about once-daily trelegy for copd keith morrison (voiceover): words-- what a lot of trouble they can be. >> words, what a lot caof troub they could be. >> he played my husband. he got played back. >> cindy carballo's words recorded by dea informant john frisky could put her away for

life for first-degree murder. with this being florida she had a shot at getting the charge thrown out. the controversial stand your ground ball. if sydney could satisfy this judge that she had to use legal lethal force she would walk away free as a bird. if she could, she would go on trial for murder. watching in the girlfriend nissim's girlfriend and his daughter. cindy would be the first telling the judge yes indeed a tape would tell the story of what happened, but not the undercover dea tape. that was nonsense, she said. the true tape, the one that told the honest story of what she went through that day was her recorded 911 call after she shot nissim. that was the true cindy,

tearing out of the house hysterical, telling the operator she was sure he was going to shoot her. sitting here on the stand cindy swore her story was the same now as the one she told the cops from the start. that she was home alone when nissim showed up uninvited and attacked her. >> he got aggressive with me and grabbed me by my shirt. >> it was at that point of time that you shot him to protect yourself? >> yes. >> cindy turned to the judge writing back tears and explained she fire because it looks like nissim was about to shoot her. >> he turned with his left hand to what is right and at that moment i just started shooting and shooting. shooting like there was no

tomorrow. in my mind he was reaching out for the gun and he was going to shoot us. it was so scary. >> sydney's attorneys reminded the judge after the shooting police announced she would not be charged. >> after the detectives interviewed her they felt this could be a case of self- defense. >> the defense pointed out new stories in which police were quoting nissim as a suspect . >> at the time he was the person the police was investigating and the only suspect in my husband's murder. >> as for the dea undercover tape which so faithfully recorded what she told frisky about planning for vengeance. >> this is him telling how i felt, my embellishment of the story.

>> all pure theater, she says. >> i made myself to look tougher than i was. >> why didn't you do that? >> i'm a single mom living in a man's world. i wanted to sound like i was tough. you can't mess with me. >> cindy asked the judge to look to one statement that was true and consistent with the fears she showed on the novel one call. >> you told frisky that you had to defend yourself against ilan, correct? >> yes. i told him that i was very scared. i told him that i had to defend myself against ilan. >> the testimony appeared to be a powerful performance. there was one person not impressed, the lead prosecutor. what was your impression of her testimony? >> that she was an actress putting on an act. >> the act began with the novel

one call. was that the real cindy? not a chance at the prosecutor. the real cindy was the one on that case speaking freely when she thought no one else was listening. during cross-examination prosecutor said police were never as suspicious of nissim as cindy claim. instead they said it was she who pushed him as the number one suspect. one suspect. keith morrison (voiceover): so was nissim a murder suspect or not? >> he was being investigated for the murder of thmy husband the time, correct. >> so was nissim a murder suspect or not? we put the question to these two detectives. in the paper it says she shot in self-defense the number one suspect in her husband's killing. is that what the police were thinking? >> no. he was never the number one suspect. >> words in court, words on tape, which words with the

judge believe? >> coming up, in a case full of twists and turns, one more. >> that blue my mind. how did they assert i was pregnant by this man? it was just disgusting. just d —- the simple member card to use for your plan benefits. get credit every month to pay for healthy food... -hmm! utilities... and more over-the-counter items at no extra cost to you with unitedhealthcare. after advil: let's dive in! but...what about your back? it's fineeeeeeee! [splash] before advil: advil dual action fights pain two ways. advil targets pain at the source, acetaminophen blocks pain signals. advil dual action. [♪♪] if you're only using facial moisturizer in the morning, acetaminophen blocks pain signals.

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will an impassioned case that she shot ilan nissim in self-defense. >> it was just orafter thanksgiving 2012. cindy carballo had made an

impassioned case that she shot ilan nissim in self-defense. under florida stand your ground ball she qualified for immunity. she sobbed and pleaded on the stand. now she stood quietly to hear the judge's decision. >> the defendant's motion is denied. >> denied. cindy, set the judge, failed to meet the legal burden. two years later cindy went on trial for murder. now prosecutors have the burden to prove her guilty beyond a reasonable doubt. >> evidence will show that the defendant learned mr. nissim to the house for revenge. >> listen to the dea tape set the prosecutor to the jury. to hear not a victim, but a calculated cold-blooded killer. >> when i knew that it was going to be hard to catch him, i was like, i have to do

something. >> what did she do? she bought a gun. prosecutors said she invited nissim to her home . the miami- dade county medical examiner demonstrated the path of bullets from sydney's gone into nissim's body, five shots , mostly in the back. >> gun shot wound a was on the right. >> today cindy shot nissim he was not armed. if she was as frightened as she claimed to be, how to explain this? phone records that show the two were in constant contact with 30 times in the weeks after orlando was killed. >> we are talking about somebody that was clearly having a relationship with this person. >> that is a pretty thin spread. that is speculation. >> absolutely not. this was someone calling victim an equal number of times as he called her. >> and then she discovered that

sydney got pregnant after her husband was killed and miscarried at three weeks. and who did she text from the hospital? >> the person that she text her from the hospital a little after 6:00 a.m. was a victim. >> it was clear what the prosecutor was implying, that nissim might have been the father. cindy seems stunned by the whole idea. >> that blew my mind. how do they assert that i was pregnant by this man? it was disgusting. >> and simply untrue that the cocounsel. >> for them to suggest she was pregnant from nissim was ludicrous. >> in fact the states whole case was ludicrous. this was clearly an act of self- defense. just listen to cindy sister describe the time she saw nissim talking to nissim .

>> the next thing i see is him lifting up his shirt and he had a gun. i saw my sister looking frightened about it. >> one of the detectives told her this person has a long rap sheet and she should arm herself. >> after cindy shot nissim the sister says she saw proof that cindy had been attacked. >> she had bruises on her arm. she had a scratch and a bruise on her neck. >> and that shot him in the back thing? the defense called the medical expert who said the first bullet was in his side, when he turned his body as if to reach for a gun. >> within a fraction of a second he would fall forward. during that period of time he gets all the rest of the bullets. >> the defense wanted to ask the lead detective just what she told cindy after her husband was murdered.

roman has denied ever telling cindy for buying a gun or congratulating her for taking out the trash. here in court the judge would not let the defense asked her although she did allow questions about all those text and calls. >> you told janepsy to stay close to him ? >> i asked her to maintain the communication that already existed. >> the big issue was the dea audiotape. >> this tape is the one in which she seems to confess. >> she's not confessing. she said i shot that man in self-defense. i thought he was armed. it is not a confession. >> did he have a weapon on him when they found him? >> remember, the defense argued cindy was exaggerating wildly when she talked to friskey,

embellishing to make herself look tough. if you listen carefully, they say, you can hear one thing she did say on that tape that was true. the one thing prosecutors ignored. five big words. >> i have to defend myself. >> now that, said the defense, was true. was true. just like the 911 call was true. all of which the prosecutor said nonsense. the call all an act. their proof was something cindy said to friskey on his tape. >> what did she say when she thinks no one is listening? i was really nervous, but i made it look authentic. >> the judge agreed with the prosecution, dismissing the 911

call, really get inadmissible, which was a very big problem for cindy. perhaps the reason in her trial she chose not to take the witness stand. >> we couldn't let her do it. we saw that we were not being treated fairly in the ruling. >> in his closing the defense attorney insisted cindy was within her rights when she shot nissim . >> the shots are being pulled off in rapidfire. consistent with the fear of the attack that was being placed on janepsy in her home. >> so now the big waiting, on the third day jurors that they were deadlocked. the judge sent them back. hours later ... >> we the jury find the defendant guilty of first-

degree murder. >> i never imagined that i was going to go to trial and not be able to tell my side and how the events occurred. >> the sentence was swift, ordained by law, life, no parole. she tells her son noah now eight years old that she will fight the lies and put her here. >> he told me that he understands because sometimes in school boys tell lies about him and try to get him in trouble with the teachers. he said i understand, mommy. >> asked the state attorney about what happened to young noah, she calls in a tragedy. >> that is really the heart of the case. that is the person who has suffered and lost everything. >> we talked to cindy carballo and have been seven years since the tumultuous events that put her behind bars. seven years since her husband was murdered in a case that still has not been solved.

seven years to contemplate the act that put her here and rather she would do it again? >> yes, because i was attacked. at that moment i felt he was going to kill me. if not having remorse makes me guilty, i don't think it should be that way. it's the mat perhaps not, but certainly cindy carballo has years to rethink the question and her answer. >> that is all for this edition of dateline. i am craig melvin. thank you for watching. vin. thank you for watching. >> hello, i am craig melvin and this is dateline. >> she was very carefree