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tv   Dateline  MSNBC  March 31, 2024 1:00am-2:00am PDT

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back into australia but savannah returned there to the place she calls home to continue college studies. after her visit, savannah and her father did not keep up communication but if there is anything harris has learned in 20 years, it is that there is always hope. >> my daughter is her own person now and she can make her own decisions. whether my daughter wants to contact me or not, she knows where i am and she knows i want to hear from her. whatever happens. >> that is all for this edition of dateline. i am craig melvin. thank you for watching. watchin hello, i am andrea canning. this is dateline. >> he did not look like a 15- year-old boy. >> they said they were friends and nothing happened.
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the text messages are the truth. >> she was a 33-year-old high school tutor and he was her 15- year-old student. after his mom found this on his phone, police new this was no innocent teenage crush. >> he said they had sex on several occasions. it was a illegal relationship. >> a horrible crime to be accused up, she insisted she was the victim. >> i was petrified of him. >> she says he forced himself on her. prosecutors said she was lying. >> are was insulted that she thought someone would believe her. >> a tutor in her pupil breaking the rules but who was telling the truth? >> we both knew what we were doing was wrong. >> he owned me.
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>> i never had as much evidence against someone as i had in this case. this case. >> hello and welcome to dateline. it started with a racy photo found on a teenage boy's phone and finished in a courtroom with a jury forced to decide. with the 33-year-old tutor in the picture a teacher or predator? >> it did not have to finish here. >> he keeps stating things he has no evidence for as if it is fact. >> you got the evidence. >> it was a theater of the absurd. >> detectives upset. >> i thought it was disgusting. the way they dragged the family through the mud. >> nor did there have to be a sobbing witness. >> i am trying to be honest.
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>> this is getting out of control. >> i am beginning to lose it. >> it did not have to turn into a battle royal played out in public court for the world to see. it did not have to go that way at all. or finish this way. >> we the jury on count one. >> that is all hindsight now. where a person begins a story as twisted and strange as this one can be seem arbitrary but this case? to us it made sense to begin on a friday morning in april 2013. in the city of grand rapids michigan when a phone rang on the desk of detective amy lowry. it was a call from the attorney who reported that a mother of a high school sophomore had seen something that could not be unseen. >> the boys mother suspected something and took his phone
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because it was broken and had the information transferred to another phone to view what was on his phone. >> what was on it? besides the flood of text and photos you expect on any teenagers phone what's this. it was grainy but unmistakable. a scantily clad woman, a woman clearly much older than the boy. the photo along with the accompanying text messages, longing, urgent breathless, left no doubt in the mind of the detective. >> immediate lead was evidence there was a romantic initiative going on. >> how did you view that from a legal and moral point of view? >> it needed to be investigated. >> detective lowery was experienced in matters like the one before her. she is a police detective but for a decade was assigned to the children's assessment center, one of five detectives
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working on cases involving the sexual abuse of children. >> five people, full-time, in a town the size of grand rapids. it tells you something. did you find that dispiriting? >> very, most people would. the amount of cases we have to investigate of this nature. >> this one needed to be investigated not only because of what the detective saw on the phone, no it was more than that. the lawyer who called the detective worked for the catholic diocese of grand rapids and told her the young man was a student and star athlete at grand rapids catholic central high school. the woman worked here. she was not just any school employee, she was the school appointed tutor. >> she is a person of authority, it is a inappropriate
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literature, she was in her 30s and he was only 15 so regardless it was a illegal relationship. >> the detective went to see the boys parents. >> did they question their son? >> no, she was unsure how to bring it up. she knew he would most likely be angry about it. >> she wanted somebody to put a stop to it. >> the detective went to catholic central high school and after meeting with the administrators pulled the young man out of class in the middle of the afternoon. >> what did he tell you? >> initially he denied there was any relationship taking place. he said they were friends but nothing happened. >> that you show him the text messages? >> i did, that is when he admitted there was a sexual
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relationship. >> it often goes that way with a teenager said the detective, as any parent would understand, stages of denial, in this case over a series of interviews, finally gave way to what the boy seemed to see as the crux of the matter. >> he thought they should be allowed to have the relationship because he was mature enough and they loved each other and should be together. it is common that they do not see themselves as a victim. >> that is where it all gets kind of strange. >> now it was time for the detective to talk to the tutor at the center of the case. the one in that photo on the cell phone. abigail simon. >> one of the many things the detective wanted to know was who made the first move? police get the tutor's story on tape but what was true and what was not? coming up.
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a cloud darkened the joy of spring in grand rapids, michigan in april 2013. the mother of a sophomore at one of the most protesters high school's found this photo on a cell phone her son was using.
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she could not let it go, he was 15 and the woman was his tutor. before long detective amy lowry was assigned to figure out what was going on. the fact that the adult was female and the child mail did not make a difference to her. >> there is a double standard where they view females as the victim but a lot of society does not feel the same way about boys. there are consequences to this type of relationship. >> remembered the series of interviews and shifting stories? when the detective got him to admit there was something between them, a of fair consummated in the tutor's high rise condo, the boy announced it was he that started it, not her. that it was not her fault. what would the tutor abigail say? >> there is something we need to talk about. >> when simon heard text
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messages were in question, she knew why detectives were there. the pupil of hers. >> do you know what i am talking about? >> i try to help him turn his life around. >> when the subject turned to the specifics of the relationship with the detective felt was outlined in those photos and text messages. >> he calls you baby girl and you call him baby boy, do you think that is appropriate? >> i care so much for him, do not know what to say about it. >> who initiated it? >> we never had sex. >> i know you you had sex, i can read the text messages and he told me. that is not in question, i want
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to know who initiated it. >> i am not answering that. i do not know what your definition is. >> her response was i do not know what your definition of sex is. >> that she tell you what her definition was? >> she ended the interview. >> the detective confiscated abby's iphone and later that day the diocese of grand rapids fired her from her job as a tutor, also she was told not to have any contact whatsoever with the young man. the detective continued her investigation and before long was approached by other people at the school saying they had concerns about mrs. simon for a while. >> some of the teachers felt her behavior was inappropriate around other students. >> the detective sought out other students and heard something else may have happened, with another young man. >> there was another boy that
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said there was a incident in the library where they were talking, flirting where the they had for some time and he kissed her. >> that she tell him to stop? >> he described it as a short kiss and he said that cannot happen again and she said it cannot and that is the end of the story. another detective joined the case, dave called and for his uncanny ability to plumb a cell phone for anything it has ever done. on abby simons iphone that was not easy. >> she had erased most of the text messages between her and the victim and i was able to recover many of them, we do not know how many there were but we did recovered thousands. >> this is material that had been erased. what did that imply to you?
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>> she was hiding it. she knew that it was not something she wanted people to see. >> the sun soon set on another school year. abby moved back to her parents place, a two hour drive to grand rapid, and then the detective discovered her no contact order was not enough to keep abby simon away from her teenage lover. >> she tweeted him and gave him the information on how to contact her. i had her phone so he could not call her or text her anymore. she changed phone numbers but somehow he was able to email her and call her. >> and at least once, they managed to meet in person. >> he was upset at being told he could not see her again. >> he was in love. >> he created a new email account, jose diaz 27, and the
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photos and declarations of love flew between them. then in early august, three months after the relationship came to light, abigail drove from her parents house to the gym and there was the police car. this was her mug shot. she was charged with several counts of criminal sexual conduct and costing a minor for immoral purposes but she soon made bail. as the case against her was being prepared in grand rapids, she said down with us to say everything we have been told about this love story was altogether wrong. >> i read the police report as well and i was like she is guilty and none of that was true. >> this was no love story said abigail simon, more like a nightmare.
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>> coming up. after school, behind closed doors. >> he did not look like a 15- year-old boy or act like one, he was a monster. >> when dateline continues. “look at all those snacks!” “i did just pay 60% less for my ticket with the gametime app.” “it's the best place to get last-minute deals on tickets.” “i guess i'm just a better fan than you.” “(crowd cheering) i've got to get the gametime app.” “download the gametime app and use promo code viva to get $20 off your first purchase.”
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this was not the sort of place people are often arrested, not among the big homes and expensive lawns.
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this is where abigail simon grew up. her father a successful attorney and both parents graduates of notre dame. this is where she was pulled over, arrested and charged with criminal sexual misconduct. where in november 2014, she sat down with us in the family living room. >> how does it feel right now? >> today it is scary because this is the first time i am sharing this with anyone other than my therapist's were lawyers. i have been holding onto it for so long. >> holding onto what exactly? abby simon told us everything you heard about her relationship with the young man is a lie. perpetuated by his family. and overzealous detectives. >> it is hard because the way it is portrayed in my story has
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really been told by them, it is not the person i am. >> abby's story? after attending a masters degree in academic advising, she moved to grand rapids and was offered a position in that specialty by the catholic diocese but soon she was not so much advising but tutoring athletes at two high schools. one of them was that boy who was struggling with a 1 .7 grade point average so she helped him as often as she could often late into the evenings as she did with all of her students. it was january 2013 and the incident occurred. the thing that started it all. it happened at the end of a group study session. >> he waited until everybody left and he was so angry i did not give him attention and i did not care about him.
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that is a slap in the face to me because i did everything for you and then he slapped my face and said no that is a slap in the face. >> he is 15 you can get him kicked out of school for that. >> i did not want to, he was the scariest person alive. >> abby was telling us something she never told detectives investigating the case were friends or family at the time she said it was going on. >> the appropriate response would be immediate and it would be over. he would have to atone somehow, you work the one in charge. did you not feel as if you could do that? >> he did not care if he got in trouble, he shut me down. >> after, abby said she became terrified of the big athletic young man, already over six
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feet and 200 pounds at just 15. why so frightened? she said part of the reason was she had been a victim of domestic violence before, back in 2007, when she worked at a retail store in chicago and had a boyfriend who she claimed was abusive. >> i went into his apartment and said this is not going to work and that is when he lost his mind on me and slammed me to the ground. >> do you remember what you felt like? >> he told me to take my last breath, he was going to kill me. i thought he was going to snap my neck. >> abby said she ran for her life then. her father persuaded her to go to the police and eventually get this restraining order those soon after she tried against the wishes of the judge
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to undo it. afraid the man would find out and hurt her. the incident changed her life said abby. >> i packed up my stuff and moved back home at 27 or 28. the city and job i loved was forever gone. >> it still bothers you to think about that. was he ever charged? >> no. >> that story can explain why she did not report her young student at catholic central high when she claimed the boy slapped her work when he stopped her, showed up at starbucks and other places at the condo and made her give him the key to her apartment. intimidated her enough she gave him control of her phone and even controlled who she could see when she went out of town
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and on three separate occasions she claimed he sexually assaulted her. >> you know that first time, the right thing to do is go to the police and he would be charged. >> who would believe that? he was 15. who is going to believe that? >> the lingerie photo the boys mother found, it was not a come on. the photo was taken in self- defense. it was her cry for help. >> i was not posing, i was doing what he wanted me to. i was not assaulted that night because i did that. >> did you ever have consensual sex? >> never. >> the proof, one text, the smoking gun she claimed, one out of thousands of loving and explicit texts. this one is so explicit we cannot show it all but in includes a line that suggests sex, reading in part can never put you through that again baby
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girl and that is the reason she asked what her definition of sex was because to abby, it was not sex, it was sexual assault. >> he did not look like a 15- year-old boy and he did not act like one, he was a monster. >> in our interview, abby simon just offered a stunning defense to a charge of having sex with a boy. turned herself from perpetrator to victim. the question was, will it hold up in court? >> coming up. abby simons telling text messages to her friends. >> i do not care if he is 20 or 50, i just need my heart skipping. >> it is clear that the only person who's company i enjoy here is a 15-year-old. >> when dateline continues. co
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blast wooded three un observers in southern lebanon. security forces told reuters it was caused by israel. the fbi denied the claim. that decision came after ethical concerns were raised as the skin was taken from a deceased person who did not consent. now back to dateline. dateline. as the sunshine faded and western michigan settled into the late fall of 2014, it appeared the case against abigail simon was heading to a court room. so a veteran prosecutor named helen was assigned the case. it was to be her last before retirement. she made a career out of prosecuting sex crimes.
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>> you go after abusers on behalf of victims and you have a situation where the person you are prosecuting claims she is the victim. >> what a way to finish a 25 year long career. to have someone who was praying on a 15-year-old boy for her own gratification, turn around and make the child responsible. i still have a difficult time wrapping my mind around that. >> still, in an effort to avoid what was sure to be a public and painful trial, the prosecutor's office offered abby a plea deal, plead guilty to one count of criminal sexual conduct and accept one year behind bars, which with time off with good behavior would mean she is free in a matter of months. >> i know we as a team really wanted them to accept the plea offer so that kid did not have
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to go through any of that. the damage and harm that comes from this kind of trial to a kid, you can understand it to you are that kid and that family. >> but abigail simon turned the deal down cold. >> some people felt what were you thinking? >> most people. >> why did you do it? >> i was threatened and stalked and assaulted and scared out of my mind and then i would have to pay for his consequences forever. >> had she taken the plea deal, abby would be placed on the sexual offenders list and that would never go away. >> so now you are facing this trial. it is not going to be easy is it? >> next year, there was a guarantee i would be sitting at that table for thanksgiving if i took the deal.
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i would be at my sister's wedding. i could not do it. he owned me. i needed to get my story out and i could not live like that. >> so in november 2014, the kent county courthouse in grand rapids, abigail simon entered the courtroom to fight charges that could put her in prison for life and to do so by claiming that she was the victim of a big strong abusive boy. >> to which prosecutor helen replied, who does she think she is kidding? >> what this maybe is practicing a play in the theater of the absurd. >> abby was certainly not sexually assaulted said the prosecutor, this was a extremely inappropriate love story as evidenced by the testimony of the young man's
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mother. >> did you confront your son about this? >> no i did not, i knew he would run to her and tell her and they were would not expose it. he was madly in love with simon with his heart and soul. >> the law is absolutely clear said the prosecution, abby's behavior was illegal. the boy was 15, the age of consent with a teacher is 18. why would i be summit take him on day trips to chicago and notre dame word this photo was taken of the smiling couple if not for love? it was a disturbing story they said, best told through abby's text messages. the prosecutor called abby's friends and have them read messages abby sent them, reflecting thousands of other texts that sounded like a woman in love with a boy.
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>> all that matters is that our hearts are skipping beats, i do not care if he is 20 or 50 i just need my heart skipping and that is all it is doing with this boy child. >> it is concerning the only person who's company i enjoy here is a 15-year-old. i will be upbeat starting now. >> the text after a picture of his face saying that is my child or something like that. >> i never had as much evidence against someone as i had in this case. she had text so many people bragging about her inappropriate relationship with this child and knowing it was wrong and telling him it was wrong, we cannot keep doing this, i could go to jail. >> then the young man took the stand, spent four days there detailing a affair that he said lasted two months.
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we are not showing his face on camera in court. the prosecutor took them through hundreds more texts, all of those words of longing between a tutor and a boy too young to drive. >> he says i need you in my bed now, is that right? so she is telling you she needs you in her bed now and she will come pick you up right? >> yes. >> open and shut case said the prosecutor. >> the messages are the truth, they are not created with any other intent but to can indicate what they want to communicate at the time. >> now after that avalanche of evidence against her, abigail simon was about to tell the jury the story she told us but this time she would be seated across from a prosecutor that could not wait for her turn with the defendant. >> coming up. tears.
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>> i am trying to be honest up here. >> fireworks. >> when you are in this situation -- >> a situation of being in love with a 15-year-old right? >> when dateline continues. tel so, ask your doctor about botox®. botox® prevents headaches in adults with chronic migraine before they even start. it's the #1 prescribed branded chronic migraine treatment. so far, more than 5 million botox® treatments have been given to over eight hundred and fifty thousand chronic migraine patients. effects of botox® may spread hours to weeks after injection causing serious symptoms. alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness can be signs of a life-threatening condition. side effects may include allergic reactions, neck and injection site pain, fatigue, and headache. don't receive botox® if there's a skin infection. tell your doctor your medical history, muscle or nerve conditions and medications, including botulinum toxins, as these may increase the risk of serious side effects.
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prosecutors laid out their case in a torrent of text messages, a indictment of a boundary crossing love affair between 33-year-old abigail
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simon and her 15-year-old pupil. now abby's defense set out to turn the story on its head. >> it is not a love story. it is a control story. >> defense attorney michael told the jury abby was the innocent party, a victim held under the thumb of a controlling and dangerous young man that can snap at any moment. >> in your mind one punch can kill in no woman should have to go through what she did. the evidence will show that this young lady i am proud of is finally standing up against the bully. >> how to understand the psychology involved? a defense call the expert on domestic violence. >> the image we have on the balance used in domestic violence tends to be a black eye or broken bone the reality of the violence is it tends to be low level, pushes, shoves, grabs but having a accumulative
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effect over time that is as frightening as severe violence can be. >> first abby had to survive a abuse ordeal in chicago said the defense and then at the school, the boy relaunched the fear by slapping abby's face after the study session that night. so the attorney launched a days long cross-examination of the young man. he denied he ever slapped abby except possibly playfully during sex but then what followed was one accusation after another. >> is this entire thing that you did to miss simon so that you could be popular and say that i have the hot tutor? >> the defense told the jury the young man changed his story several times and he had. in his first interview he said he forced abby to have sex with him and twice said he put a gun to her head.
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>> he told the detective you pointed a gun to her head and told her i would kill her if she did not love me back? >> detective lowery did not believe him for a minute and later the young man recanted saying the comment was his effort to keep abby from getting into trouble but the defense attorney accused the young man of sexual assault. >> you forced yourself on miss simon in the car on 24 april? >> no. >> you did not grab her by the hair and put her head in your lap? >> no. >> no. finally the defense confronted him with what they called proof of sexual assault. in the text the boy apologizes and promises never to put you through that again. >> did you send that text
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message? can you explain what that meant? >> never doing anything again in the car. >> it is your testimony that the text is only because it was uncomfortable in the car? >> yes. >> it was consensual? >> yes. >> when he was finally allowed to leave the stand it appeared abby's defense and her freedom depended on the story that she and she alone was about to tell. >> we call abigail simon to the stand. >> despite the text messages professing her deep and abiding love, could the jury believe abigail simons claimed that she was a victim? >> you have been in therapy for 18 months now correct? are you ready to tell your
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story? >> yes. >> i remember thinking this is my life right now, how is this possible? >> i am his, he owned me up until today to finally tell what happened. he never thought that i would it here and tell the truth. >> by taking the stand in her own defense to tell her story, abby simon knew she was opening herself up to what would be a intense cross-examination. the question we put to abby before the trial. >> the prosecutor will challenge you every which way and accuse you of all kinds of rings. >> the best part is i can just tell the truth, i do not have to remember what to say. >> you never reported right? >> the prosecutor's opinion of miss simon was clear from the
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start. >> when you are in this situation -- >> the situation of being in love with a 15-year-old? right? >> no. >> do you really think -- >> you do not get to ask the questions. >> i am trying to be honest up here and it is so disrespectful. >> the more she talked, the more she attacked me during cross-examination -- >> she was insulted you did not believe her. >> i was insulted she thought somebody would. >> it went just like that for two days. >> i said he forced me against my will. >> he keeps stating things he has no evidence for as if it is fact. >> this thing is getting out of control. >> you have no problem barking back at me do you? you are a strong person.
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>> after 18 months of therapy. >> objection. objection. >> just answer yes or no. >> finally the prosecutor asked, it abby's text messages were the cry for help she claimed, why did she not tell her father? the attorney who was in court with her everyday and helped her escape the abuse she said she suffered in chicago? >> all you have to do is ask your dad, he is a lawyer. >> you know it is not that easy. >> you did it before. it is that easy. >> just a minute. >> i have lived it and it is scary and you cannot go to the police right away and you know that. >> finally abigail simon left
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the stand, it was the jury's turn. >> what did you think as the jury went out? >> i worried that we do not hold women accountable like we do man. that is our society. i think people do not want to believe that women can be hunting and devious and child molesters. but they are. >> abby simon for the moment is free as a bird, waiting to find out if she would stay that way. >> coming up. >> we the jury on count one -- >> the verdict, when dateline continues. eline continues. but this is my story. ( ♪♪ ) and with once-daily trelegy, it can still be beautiful. because with 3 medicines in 1 inhaler, trelegy keeps my airways open for a full 24 hours and prevents future flare-ups. trelegy also improves lung function,
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will come back to dateline. abigail simon told her side of the story and the jury was about to deliver her fate. here is keith morrison with the conclusion of a teacher's message. >> november 2014, just hours before the thanksgiving holiday was to begin. not a word from the jury, for 12 hours, would they believe abby or the prosecution? then they were back. abby simon seemed to be teetering on the brink, the emotional wreck. >> madam for person, if you would kindly stand and read from the farm.
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>> we the jury on count one, we the jury find the defendant abigail simon guilty. >> abby's mother and sister cried out in anger and anguish. the jury did not believe her. >> we the jury find the defendant guilty. >> on and on it went. for guilty verdicts, a acquittal on the fifth. minutes later abigail simon went directly to jail. outside the courtroom, defense attorney michael spoke. >> were you surprised by what happened? >> shocked and devastated, i am disappointed in the jury's verdict, she is at peace, she
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told her story and faced her accuser. >> after listening to the defense attempting to paint abby as the victim, dave finally felt free to speak his mind. >> there is a level of victim bashing and blaming under the bus over and over is unprecedented in my 18 years. i have never seen anything to that degree. >> something under your skin big-time there. >> this is a 15-year-old kid and you are a 36-year-old woman, and you are not just blaming him but accusing him of a crime that could put him in prison for the rest of his life. >> he said, none of the evidence, not one thing suggested the boy he was in any way aggressive or abusive toward the woman he loved. seven weeks later, after spending inks giving and
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christmas behind bars, after sentencing came abigail simon, visibly diminished. when it was her chance to speak, she said she regretted her decision to turn down the plea deal which would have meant months in jail in total. kicking herself really for selfishly choosing to fight for herself rather than doing what was best for her family. >> i am more than remorseful, i do not know how to live with myself. i am sorry for all of this. i try all day and all night. i am so tired and sick. i just want to go home and climb in my mom's bed and never leave her side. i do not know how to go on without my family. i am asking you to send me home
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as soon as possible. >> when it was time for the sentencing, she seemed to swoon, on the verge of passing out. deputies stepped into steady her. the judge made it clear, he agreed with the jury's verdict. >> the evidence in this case was overwhelming. >> he handed down a sentence in the middle range of possibility. >> it is the sense of this court to serve a period of incarceration of no less than eight and no more than 25 years. >> abigail absorbed the news blankly. 8-25 years. a listed sex offender for life. >> hopefully this is a lesson to any other teacher who wants to play on another child.
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>> her family who invited us into their home to hear abby's story now declined to speak to us, declined our request for comment of any kind and directed the attorney to do likewise. the prosecutor who just watched the end of her last case, it's mostly sorry she had to bring it to court at all. >> i do not think you put a victim through what she did. not confessing, not being repentant. she has time to consider what she did to that family. >> since then the young man's lawyers filed a lawsuit against simon cleaning battery and emotional distress and also accused the catholic diocese, to administrators and the coach of not protecting the young man.
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in march the young man agreed to dismiss the case and the court held the other defendants could not be found liable. as for that man, he graduated to adulthood with a sober reality. >> he has to live with the fact that the person he loved will be in prison for eight years. >> abigail served eight years and then was released on parole. love is blind sometimes, this kind of love is not just a crime, it is a tragedy. >> that is all for this edition of dateline. thank you for watching. watchin hello. i am andrea cannon, and this is dateline. >> i literally got down on my knees and prayed to god. i don't want

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