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tv   Cashin In  FOX News  May 11, 2013 1:30pm-2:01pm PDT

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disappeared. we went back to the scenes of all three can kidnapping. >> on october 23rd, in this area reply shell knight who is then about 18 years old was last seen. no one knew what happened to her where she went, whether she was dead. whether she was alive. she simply vanished. what is interesting about this, about eight months later, about three blocks down where amanda berry was working at this burger king. she left that night and day before her birthday. told her family she would be coming home and then her family never heard from her in ten years. no one knew what happened to amanda berry. she vanished into thin air. take a look at this girl. this is the elementary school. back on april 2nd, 2004 was her middle school. this is where gina dejesus went to school. take a look around. it look like a lovely place for
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your child to go to school. on that date, april 2, 2004, something dreadful happened. gina who a special education student decided she would walk home from school. she left the school never to arrive home. and in broad daylight it looks perfectly safe. this is where it happened. 2207 seymour street. you go see the f.b.i. is sill processing the houses where the three women and the young child apparently have been for many, many years. neighbors give all sorts of different stories. they describe the man, castro, as an ordinary guy. story we hear from everybody is how surprised they were. they never in their wildest dreams believed that those three women would be held captive in that particular house. >> greta: on the record the investigation of the missing girls now women from almost the beginning. after 14-year-old gina dejesus
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vanished in 2004 we spoke with her cousin and cleveland police. >> what can you tell me about the investigation so far? >> so far, gina just disappeared into thin air. >> what is your theory to what happened. is this an abduction or runaway? >> all the options open right now. we are hoping it's a runaway but it could be an abduction. we just treating it on both sides of fence here. >> greta: i take it family has contacted all her friends to see whether gima has made a call home? >> absolutely. they did that the first day when they had finally realized she just wasn't coming home. her mother and father knew it was going out to all of her friends and calling people to find out where she might be. nobody had seen her since she walked away from her last girlfriend on her way home. >> greta: mysterious digs
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appearances of the three girls now women, julie courtwright joins us. nice to see you. >> i am curious about the information about a cellphone, amanda's cellphone being used a short time after she disappeared. what happened? >> well, about a week after she disappeared, police were searching, combing through the area. amanda's mother received a call from amanda's cellphone. it was a man who said that he had amanda and they were married now. he would see her soon. the cellphone was traced back with maybe a mile from the seymour avenue address. >> greta: did they follow up any clue on the cellphone ping?
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>> i am pretty sure they did, but they it was so close to where these girls were found. they followed up, but i don't know if they took it as seriously as they should have if they would have known. >> greta: what about the 2004 sketch? >> 2004 sketch. that was someone who said they witnessed gina dejesus getting in a car with someone. that was composite sketch that he gave. it turned out to look very much like ariel castro. >> greta: i under last year there was actually a search for one of or young women. ariel castro went to the place and what happened? >> it turned out he was going to the vigils.
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there was a prisoner and about a year ago -- he claimed he knew where the body of amanda berry was. it was within walking distance of the address. so investigators spent the entire day digging in an empty lot. they didn't find anything. according to witnesses they saw a man who looked very much like ariel castro who went up and asking people if they found anything. >> greta: and a child unattended in a bus and he was questioned? >> well, i don't know if he was questioned. that was in 2004. police went to 2207 seymour and i think that was before gina dejesus was kidnapped but that is when amanda and michelle were captives in the house.
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he left the child unattended on a bus. police went up to the door. no criminal charges were filed. they decided he had no criminal intent in that situation. >> greta: thank you very much. you have been working on this case a number of years. i bet you are very happy of the news. thank you very much. >> completely. >> greta: coming up, will the state of ohio seek the death penalty? how can they prove murder all these years later. they investigate the charges he faces next. plugs clues surfacing for nearly a decade. was it right in fochbt them all along? did f.b.i. and local police ignored key evidence that could have cracked the case years ago. our special continues, next. i'm so glad you called. thank you. we're not in london, are we? no. why? apparently my debit card is. what? i know.
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and every act of sexual violence rape. each day of kidnapping. every felonious assault. all attempted murders and each act of aggravated murder by terminating pregnancies that offenders perpetuated against the hostages during this decade long ordeal. >> greta: and prosecutor confirms those charges could include the death penalty. also we now know for sure the dna is back from the lab. it shows that ariel castro is the father of amanda berry's six-year-old child. joining us is legal panel. san francisco former prosecutor, defense lawyer bernie grip. he is going to charge for each day of kidnapping. is this ten years times 3565 whatever it is -- 563? >> on the sexual assault each
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rape is a separate crime. this guy is in never getting out of prison. on the kidnapping issue, generally you start the kidnapping from one person roo at some time other i don't think its separate crime. the prosecutor could argue that the victims left the house and he forced them back into the house. i think you could argue those are separate acts of kidnapping. >> eric: bernie. >> why would you infect the record with something could be an appeal for this guy. if he had the women outside and brought them i'd, that is something. if he forced them into a another room. you can stack all the charges and possible motive and get what you want out of guy. >> let me go to the sexual assaults sheesmgh going charged with each count of aggravated murder as a result of his conduct. how does he prove that. is it enough for a woman to say it happened five times or three times or four times or do you seed need an eyewitness or
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physical evidence? >> no. >> yeah, greta, we prosecute a lot of cases based on the testimony simply after the victim. people commit crimes in secret for reasons. bernie and other defense attorneys go after them and successful in undermining that. but one victim is plenty for a conviction. i was raped 15 times and that is enough. >> greta: here is where i see a problem. i was raped 15 times, maybe it was ten times. at some point it's overwhelming to the jury to figure out. they still have to be qichbsed beyond reasonable doubt for each crime charged. whether it's 15 or 30 is regrettable. >> you are right and the prosecutor when they finally debrief these poor women they will have decide upon which ones can they clearly identify and stick with those. don't lose yourself with trying too deal with 200 of them.
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pick dates you can remember. >> i think overwhelm the jury. just pick the ones you can do and put the guy away. >> the jury is going to get back ten years. the one that happened 2011. the one 2009, it's crazy. get the victim, try to get them in mind set of trying to remember the date. they are not watching tv so it's going to be very hard. i done the necessity why you would take that chance. you have five to ten felony rapes and hit them with those. >> greta: and based on aggravated murder, based on these incidents where you are relying on a woman's recollection whether or not that is going to be sort of provable to support the death penalty? >> i think the interesting legal issue in this case, we don't know how pregnant these victims were allegedly were, beat them to force the death of a child.
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i think the question is going to be in terms of legally, fetacide that is crime up to eight years or is it just homicide. if it is homicide in the course of a felony we have seen other cases felony murder. i think he could face the death faelt penalty for that. >> greta: panel, stand by. straight ahead cleveland police and f.b.i. botched the case? clues and evidence and phone calls all pointing right at this house of horrors. the panel investigates next. alec, for this mission i upgraded your smart phone. ♪ right. but the most important feature of all is... the capital one purchase eraser. i can redeem the double miles i earned with my venture card to erase recent travel purchases. d with a few clicks, this mission never happened. uh, what's this button do? [ electricity zaps ] ♪
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he said that he told the fbi to go look at ariel and they did not. >> they knocked on the door and nobody answered and they left. 2011 a woman said there is women in the back yard with chains on their necks. the police came and knocked on the door and left. somebody said there is a naked woman in the back yard of the house and the police thought the woman was maintaining a joke. the police maintain none of the calls were ever made. >> greta: your thought about all this? >> just you have to be furious and think that could have been prevented or stopped earlier. so eerily like the jayce e&s
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case here in california. spent 18 years as a prisoner of this evil man living in the backyard. he was on parole, greta and many times at least parole officers came to the door to do the parole inspection. never bothered to go in the house and the backyard. they would have found that young girl. she was raped and force ared to father children by this guy and lived this nightmare for 18 years. if the government in that case had done their job she would have been freed many years earlier. people ought to look hard at the case. do we force our way into the house and say i want to see every room and make sure there is no woman in here or young child in danger. >> greta: and there was a call from amanda barry's telephone a short time after she was kidnapped and the cell phone tower indicated it was from seymour street. would have been a good hint if you follow the cell phone and it is the seymour street. maybe you ought to knock on doors there. >> in situations like this,
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everybody is looking for are a fault. it is the police fundamental, i one to react because it is a difficult job to be a police officer. six separate occasions where somebody tried to say listen there is something unusual going on at the house. >> greta: if they get sent out and knock on the door and get nothing that is not doing the job. that is giving up. that is going to get a doughnut down the street at the 7-eleven. it is not like hustling or doing your job. >> police officers do good work every day. 99% of them do good work in my experience. rareugh the cases are ray they they are not unheard of. >> greta: another clue they missed. the sketch in 2004 the sketch looks just like him. how many more clues? >> yeah, and it makes you -- you know, when you listen to the early police accounts and i
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think you did that interview, what, ten where people treated it like a missing persons case or a runaway in fact she was a sex slave and or a prisoner the whole time. if people looked at the clues and had gone door to door god help us she might have been freed five or six years ago. >> greta: panel, thank you. coming up, new clues coming out of cleveland by the minute. our on the record special held our on the record special held hostage, ten [ female announcer ] research suggests cell health
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that your mouth is under attack, from food particles and bacteria. try fixodent. it helps create a food seal defense for a clean mouth and kills bacteria for fresh breath. ♪ fixodent, and forget it. >> three kidnapped girls now ten years later, all three women are back home. they are spending their first weekend in more than a decade with their families.m and while the victims' families experience some relief, family members of ariel castro are ripped apart. they're incc shock, claiming thy had no clue what was happening inside his home. this regulation is far from over and we will be following it. record has a team on the ground in cleveland digging up clues and searching for answersi and when we have them, you will
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be the first to hear them. thanks for joining us for this on the record special, held hostage, ten years of terror. good night. hello. i'm kim kimberly guilfoyle. it's 5:00 o'clock in new york city and thisro is "the five". so much for benefiting happened a long time ago. white house spokesman jay carney postponed his briefing three hours as he held a background discussion with the press corp. trying to spin their handling of the aftermath of the 9-11 attack in libya. two days ago we heard explosive capitol hills testimony from three state department whistle blowers and today abc's jonathan karl obtained 12 different edits to talking points that were theg basis of the administration's misleading message after four americans were killed by

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