Skip to main content

tv   Dateline NBC  NBC  November 10, 2013 10:00pm-11:01pm PST

10:00 pm
. i didt see it coming. it was shocng. >> i had a bad feeling. >> she did say he has a gun and i'm afraid he might use it . a story of sand sunsetsnd fata attraction. successful the everything except ve. then she found him. >> she said she fel so goodn hi arms. >> he was handsome sophisticated andrazy about her. therwas talk of marriage. then suddenly the was talk of trouble. >> she was frightenedu eed enout to go home. >> she had fear that something would happeno her. >> it did. >> my sister is not answering
10:01 pm
her phone. >> how did love go so wrong. in a surprising new twist, it would take notone, butwo trials to discoverhe truth. >> all of a sudden he wast convicted of killi my sister any more. >> here is hoda kotb with fatal attraction. naucket, massachuset off the coast of cape cod. simple and elegant in a w that sayserious money. the beaches arpolice teristinpr phenomenal, a the setting, pack your credit cards. with its surfs, sun sets and seabreezes, in nantucket is 50 shades of fabuus. buthen the fog rolls in, denies, physicmysterious, d everything chges. anything is possible in this moody place.
10:02 pm
maybe even sinister things. >> my sister is not answeng hephone. >>onday, october 25th, 2004. a gray day. officer fratta was on patrol when the car radio craled at about 1:15 in the afternoon. a cal had come in. >> she was suppod to leave and pick up my son adaycare. she won't answer herell phone. >> i'm sending someone over. >> it was a routine matter, or so it seemed. frattata was disatdispatched ouk t hawthorne lane. there were two houses on the property both owned by baara. >> i said are youelizabeth? no, she's ove there and pointed toward the cottage. >> t officers walked to e cottage and knocked. no answer. it was the first hint of trouble. >> i med away to theay windownd i looked in, at which
10:03 pm
time i saw someone laying on the ground. >>frattataas looking at a crimeene. i turned toward t sergeant and told him we had someo down inside. >> his partn kicked in the door, the bod was on the living ro floor. a woman stabbed to deh. frattata hadever seen anything like it andas hit by a wavef fierce emotions. >> from shock to frightened. and then the police training kicked . >> aenalin surging,he cops pulled their weaps. >> our immediate thought was to draw our weapon for our safety so with weapons drawn, we produced to clear the house. >> it was all clear. but horrifyi. therwere signs of a struggle, blood in a bedroom and in the living room by thebody. officer frattata radioed in. >> i matt the commede the commee
10:04 pm
here. >> it was his first homicide. if he was atranger to hocide, so was nantucket there hadn't been a murder on th island for t decades. >> it doesn't happ here. it can't happen here. d that was the wayt was up until that day. >> her name was elizabeth, t everne called her back. she was 44-year-olds, successful busiss woman from new york who mod to ts nantucket cottage just mths before. >> beth had thisncredible gift of making people feel comfortable around her. >> th's brother, m. >> i would be with her, she would go intohe store to n an errand and she'd be chatting up the clerk at the counter getting into conversation. i'd be like come on, beth, let's go. what are y doing? >> smart, vibrant, adventurous, beth was all that and more. but what tom remembers most i
10:05 pm
he way with people. >> sounds like your sister made the other pern feel bett, businesser,ou know, me love that's agift. >> she would me everybody feel special. >> thehird of five children, thas raised in peekskill, new york,bout 50 miles nor of new york city. >> my mom syed home, cared for us. my dad was home at 5:30 for dinner at 6:00. >>ut when school was ou the family headed to nantucket where beth's father, john, has had a gallery for years. and for yes, if it was summer beth wasn the island. >> she was game f everything. >> leslie cosllo met beth more an three decades ago p. they were fresh men together at the universit of notre dame. >> the last time that she was in california, we were going to go outurfing and i said,beth, i think -- she'd never surfed before. i said you might havmore phone boogieboarding.
10:06 pm
no, i want to go surf. so off she goes p always willing to embra a new expernce with joy. sfwr of >> after college, bh settled in new york and started h own company. shealked about those early days >> work grouyour fgers to the bone. >> she helped ahitects navigate the building regulations. >> that seems likehe kind of business for a stuff, savvy, hard edged typ woman. it doesn't sound likehe one you're describing real. >> y know what, she w enormously successful because she wa hard working and she w honest. you know, shehined and people just could trust her. >>ut it sounds like there w just one part of h life that was ssing. just love, finding someone to spend her life with. did she tal about that? >> she did want a family. in early stember 2004, that
10:07 pm
dream suddenly seemed to be within reach. she was thinking this cld behe guy absolutely. >> it was laboray weend, a sunnyay on nantucket. bernadette called her friend beth >> i said, h you know what, i think i'm looking your future husband right now. and sheaid really? and i said, yeah. and she said i'll be right over. >> bernadett had only known beth for a few months. no long, but long ough. she told me she'd been ccessful in every part of her life except for love. >>o when bernadette'sld friend,tom, came to stay at her noneacke in nantucket home, shintroduced him to beth. >> it was electric the minute she waed in, like whoa. beth had finally met mr. right. but people aren' always what they seem to be or pretend to be. >>here was a lot t like about
10:08 pm
beth's new beau, but sometng a little stubbling. >> she said thought you we really
10:09 pm
10:10 pm
10:11 pm
in stember 2004, beth lochtefeld w a woman in love. her brother, tom, remembers exuberanphone calls about the new man in her life. >> of cose she was over the top. i met this guy. friend of a friend. and of course i had learne after ma of those phone calls to try not to get too excited for her. >> at 37, totoolan was a walking, talkingwoon machine.
10:12 pm
tall, broad shouldered, preppie anbeth had a lot in common with him. >> he liked lirature and music and he was goolooking and came from a catholic family who parentwere still married 30 years later. that was big attraction for beth. >>he saw someone who she thght was like-minded. >> in many ways, yes. >> tom toolan's childhood friend bernadet, had introduced them. >> he was ur years younger and same age as my brother. he alws felt like a little brother to me. we were -- i can't even tell you how close we were. >> tom went to pvate school and then columa university. after college, he sold cars for a while and then landed a job a broker at smith rney. otr jobs in finance foowed including a stint as a bank executive on wall stet. heeemed to have it all with charm to spare. >> she wld call me from the corner of manhattan,'m just waiting for him here. i nt to thank you.
10:13 pm
this is unbelievable. we're ving so much fun. >> tomas smitten too from y one. she's a great gal. an amazingal. >> tom lived inew york and beth in nantucke they started seeing each otheregularly. beth at 44 was eager for marriage and a family. very soon there s talk of rings although beth's brothe says it was mainly tom doing t talking. >> as a matter ofact, it's my understanding that first d he said i'm going to marry yo and she s, like, yeah, right. >> beth may have hesitated as she learned more abo her new man. he told her he had drinking problems. but for bernette, the drinking hardly seemed like a dl breaker. >> i knehe had a drinking problem. i know aillion people with drinking problems. >> other friends had misgivings,
10:14 pm
louis taught bh martial arts on nantucket and she confided in him. >> she said i met sobody. i said that's great and she said he smokes and drinks. i said, beth, that doesn't sound like a good mifor you. she said, ll, he's a little crazy and shsaid i'm a little crazy too. >> if she was making euses for him, she had her reaso. >> sheaid she felt so good in his arms. he was so prottive. she told me this is the rst ti in 15 years i'm with a man that wts to be with me. >> besides, beth was a fixer. >> when she wouldate guys, a lot of times s would say to herself, well, he would be really great except r this but i think we can work on that. >> no surprise then at beth cided to work on tom's drinking problem with him. >> i believe, yes, sheas trying to helpim dry out and he told her heanted to stop and wanted to dry out.
10:15 pm
>> two weeks after they met, beth and tom flew to californi together tom, who was now working as an investment consultant had meetings therend beth decided to tag along. it was their first eended trip together and for beth, it was an eye opener. now shsaw things she couldot dismis >> he's a mess. e said. he couldn't get on the pne. they missed the ple. i said what s he doing? she said i sto back and tched him and he was walking in circles in the hotel room smokg cigarettes, not packed. just a mess. >>eth wanted to introde tom to her frien on the west coas top of the list was leslie costello, beth's college fend. leslie lives in san diego and was eager meet beth's new au but she was less than imessed.
10:16 pm
>> he was distant and very rmal. i dn't understand him. >> the trip ended badly. >> thewere in a taxi and h had temper tantrum and i guess she id let us off here. whatever she said. he turned and yelled at her and she said it s a little bit scary. >> and he was drinking. >> she saihe had eight beers by the time they g to the airport and got on thelane. >> bernadette said on the way home tom asked betwhat her friends thought of him. he said sothing chilling dung the exchange that followed something that troubled her so much she told bernadette about it rht away. >> he saidhat did they say about me? she said something like ey thoughyou were really sophisticated and chming and this and that and he said under his brth, boy, i really shld have been an actor. and she said that just went into r gut. >> it was athat point perhaps that she began asking o was the real tom toolan? she told fily and friends that she was gog to give the relationship theour seasons test tsee how things stood in a yearut it was becoming car
10:17 pm
that tom toolan was not inclined to let one season pass let alo four. >> coming up, troubled relationship becomes a terrifying one. >> my guess is thashe was just probab in a state of shock. why she didn't leave that next day, i'm not ectly sure.
10:18 pm
10:19 pm
10:20 pm
10:21 pm
in october, 2004, beth lochtefeld went to new york to be with her boyfriend, tom toolan. by then, the t had been dating for six weeks but the relationshipas fraying. beth was beginning tsee a trbling side of this n guy and she had arted to give him ultimatums. >> he woulstart drinking and he wou get really ugly. e would say you're a good guy t when you're drinki, you're an idiot and you need to decide between cohol and me. he would apologize and say i choose you and i want you. i don'want the alcohol. that week beth invid her brother to meet her boyfriend. perhaps she wanted his take on tom. first impressi, you see him walk in. >> well, he had longish blond hair comd back and a double breasted blue blazern. very ppous. seemed fake to me.
10:22 pm
>> that night over dinr, th's brother kept asking tom toolan what he did for a living. >> and he couldn really tell me tmy satisfaction what he did. i'm an investor. what do you invest i he couldn't reallyive me an answer. >>eth's brother said toolan was drinking during dinner but not to excess. afterwardsoolan and beth aded back to his apartment and the way home beth td friends something shocking happened. she had seen him drunk she had en him angry. but she had never seen her new boyfend like this. >> he had put her into a headlock and was walking down the street sing i want to beat your head in. she shared with mei went back to his apartment to just gety palm pilot and cell phone an get out there and i wonder i shouldn't have jt left that stuff behind and lt at that moment.
10:23 pm
>> little did th know that toolan had apparently en aggrsive with at least one other woman after he had a few drinks. >> i thought, wow, flowers. how nice. i thought 's such a gentleman. >> beckyas working as a bartender dating toolan once. >> we had dinner plans. a nice date. >> it didn't turn t that way. dinner was pleasanand then came drinks. >>hat's when he accused me of flting with the bartenr. >> she said olan tried to grope her. when they reached her street she didn't wait arnd. >> i ran across the street >>our years later, beth lochtefeld was in a frighting situion with the same ma instead ofrabbing her stuff from toolan's apartment whenhe got the, beth stayed and later said that things went from bad
10:24 pm
to terrible. >> he got very violent with her that night and he sexually assaulted her. i ink that beth was probably so of in a state of --t's a confusing thing wh it is somebody that you're sposedly ose to violates you. my guess is that she was just obably in a state ofhock and why she didn't lve that next day, i'm not exactly sure. >> by iday, october 22nd, o days after t dinner with her brother, beth decided toeave new york. frnds and family say iwas clear that she intended to call it quits with olan. sheven left a message at her brother's connecticut home saying she was cominto spend the night. but by now something else was becoming car. tom toolan was not going to let beth go.
10:25 pm
>> he uldn't leave her. he followed her and shsaid we ended up in the metropitan and e said i was standinthere in front of ts painting and it was an increbly dark painting thinking this painting reminds me of tom toolan. >> that was the moment that tom toan picked to propose to her. hehose the most publiclace poible. a gallery inhis world famous museum, the tropolitan museum of art. he proposed to beth before but ner like this. >> he pulls this ring out and gets on his knee and proposes her again. she said was not -- she didn feel safe enough tsay no. she knew she was in a ngerous tuation so she said him, i need more me. >> she was, like, sopset beuse he said, you know, it's now or never. >> and her response to him was >> it has to be ner. >> these are words right outf beth'south. >> beth rush out of the museum. toolan pursued her.
10:26 pm
i'm going to go get drunk with my friends. at theast minute he hopped in the cab with her and they ended up back at his artment. >> at some point that nigh beth called her brother. in retrospect says, she sounded terrified. >> her words were very meared. she was talking very slowland enunciating very clearly. unlike her. she kept saying i'here with tom in the city and we're tryi to work things out. ani didn't even think ask her are you okay? or cough twice if you're in trouble or sometng like that. >> hhad no idea his sister was in dger. >> ias sort of tired. i didn't want to deawith the breaki up/making up kind o thing. >> later from family and friends he would learn the horrifying details of beth's ordeal tt nigh >> it is my understanding he was holding her at gunpoint.
10:27 pm
>>e has no proof of what went onhat night but he's pced togeer a story from various accounts. >> he held her captive. she tried to getway. he was either drunk or tired and he ended up --he was laying down in led. he laid on her legs and then going toleep or passing out himself. >> to prevent her om leaving. >> at which point e slipped out and slipped away. >> i understand that she didn't even want to use t elevator because she was afraid the din might wake him up so she ended up takinthe stairs. >> it was around 4:00 a.m. when beth managed to cape from the apartment. where was she going to go? >> she was going straight to laguardia get the next flight to nantucket and get away and t back to her home. >> it was now saturday, october 23rd. at 8:00 a.m., beth called r brother. it would bthe last time the two spoke. >> she mentioned she had broken with him and he hadalled her about 50 times since on her cell phone and the guy wouldn't stop calling her.
10:28 pm
>> d that raise any alar bells with you? just a guy who'seartbroken? >> i was thinkinshe would go to nantucket and it will bover and it will be fine. >> except that was not going to happen. tragedwas two short days away. >> coming up, a surprise visitor and a panicked pho call. >> i told m that i think it's be's boyfriend and he just saido me, barbara, lock ur door. don't go out. i'm calling thpolice.
10:29 pm
10:30 pm
10:31 pm
10:32 pm
after a terrifying night when she was held captive in tom toolan's new yorapartment, beth lochtefeld had managed to escape and getome to nantucket, her island refuge. she called her friend,eslie, the morninshe got back. >> she did say he s a gun and i'm afid he might use it. i'm not gog to stay here tonight. i'm ing to spend the nig at my bther's house. >> tt same day, saturday, october 23rd, th stopped by the nantucket police department to a about filing a restraining order. for r to get to the point of stping at the police department, that probly tells you all you ed to know about what was going on inside oher. >> i think she hadery well-founded frs especially
10:33 pm
after the indent in new york where he held r captive. >> beth d not file the paperwork. she spent thatight and the next at her brother peter' home. she was frigened enough not to go home. >> i would have to s she had fear that something uld happen to her. >> on mond, october 25th, beth returned ther cottage in the morning, collected tom toolan's clhes, parcelled them and mailed them back to him. she returned to the cottage and chatted with her land lady, barbara. it was just ter 10:30. >> she ce in the yard. we were talking the driveway. she's going to dsome work on her mputer and we were gng to mt again around 1:00. >>eth went inside the ttage toork. >> that's the st i saw of beth. barbara continued tgarden.
10:34 pm
a short ti later she was fiing a wheel barrel. the man waoddly dressed for nantucket in a hat and long overcoat was inquiring abo beth's cottage. >> i said i don't know. i know beth had en seeing someone ani thought she more or less told me that i think it's over. i said i guess this boyfriend has come back. >> he moved toward the cottage door. rbara went to her house to have lunch but she w uneasy. >> and as i said, was an intuition. >> she called peter but couldn't reachim and called beth's parents and couldn't reach them either. shknew beth was planning to pick up her nephew but beth's car did not movend she noticed the shades in beth's bedroom windows had been drawn. >> i had a badeeling. >>he called peter lochtefeld
10:35 pm
again and this time she reached him. >> i said there was meone in the yard. i think 's beth's boyfriend and he jussaid to me, barbara, lock your door. don't go out. i'm callinthe police. >> 911. >> he's at h house now. she won't answer her cell phone. >> it was then tt the sergeant ofhe nantucket police rived at the cotta and with his partner made theiscovery. beth lochtefeld's body on the living room floo it was just weeks ter she thoughshe had found the love of her life and dreamed of a new beginning. r the lochtefeld famy, life would nevebe the same. what did you lose that day? >> i would have to say lost probably my best friend d confidant aside fr my wife. she was my closest siblingn
10:36 pm
terms of i word with her in her business and helped herun her business for three yea. we always had a lot in common. we had the city in cmon. we always got ong really well. >> leslie costlo got a call that same day. when you heard the new how was it told to you? >> he killed her. i remember just being in shock. i didn't see it coming. i didn't know it was coming. it was shocking. >> you knew exactly who e he was? >> yeah. yeah. i did. >> bernadette, the friend at ayed match maker, gothe news from her husband. at first s couldn't take it in. >> there's a big buzz going around that a woman in her 40s boyfriend flew in from new yor and killed her. i'm screaming, wha what? what?
10:37 pm
>> tom toolan was arrested thin hours of the muer picked up in rho island driving a rented car wh bottleof beer and vodka in the car with him. his bloody clothes ia bag on the back seat. the rhode island state police videotaped his arrest and recorded his voice in e cruiser. toolan was held without bail and arraigned a month later. bernette was in the courtroom. she could barely contain herself. it was the reality hitting me. sitting there. this happened. this reallhappened. he walked in a it was like they were bringi in king kong like monster. i felt likit was my fault and she's gone >>oolan was charged with first-degree murder and assault and battery with dangerous weapon
10:38 pm
he pleaded not guilty. ahead lie a trial and explosive revelations abt a man finally stripped bare all pretense. >> comg up, what seemed li an open and shut case was anything but. >> it was like the perfect orm. you have all of these swirling together inside th man's head. >> would aury be wil when our littlgirl was born, we got aubaru. it's where she said her rst word. (little girlno! saw her first day of sool. (little girl) e bye! made a best friend forever the back seaof my subaru! ishere she grew up. what? (announcer) the suru forester. (girl) what? (announcer) motor trend's two thousand fourteen sport utily of the year. love. it's what makes subaru, a subaru.
10:39 pm
10:40 pm
10:41 pm
it's what makes subaru, my password is 1,2,3,4,5. mine is matt. actually, we're kiddin
10:42 pm
when it comes to creating passwords, don't ke them easy to guess. make them complicad, but easy to remember. you won't make password. the more you know. in june 2007, while tourists wondered through old nantucket town looking for souvenirs, to toolan wt on trial in the center of town. he pleaded not guilt he was as smartly turned at as everooking for the successful execive he long wanted tbe. the nd of guy that would fit right in on the island. the defense would argue that toolan polished exterior w
10:43 pm
nothing more thaa facade for a troubled man. they would not say hkilled th lochtefeld but that he was not guilty by reason of insanity. toolan'sttorney began by hunting the turmoil that lurked within tom toolan. >> looks good. suit on and a tie. hairlicked back. certainly someone would say he doesn't look crazy to me. >> the masr of the universe act was just that. an act. becaustom toolan was a mess plaguenot just by alcohol abuse but drug addiction too. >> his drink of choi would be absoluteodka right out of the bottle. drink a fih a day. >> when beth broke up with him,
10:44 pm
rediton told the court toolan snapd. drinki and drugging and even deeper troubles all of them combined to push himver the edge. >> thevidence will show that thomasoolan was suffering om a mental disease or defect at the time of this iident and he was well within our legal definitionf insane. >> and who better to tell the jury about the defendant's demons thathe defendant's moer. she recounted the fas of her son's li. >> was it apparent to u that he had an alcohol probm? >>es, i would say when he was 16. 17. >> his battle with drugs. >> did you know that he had occasion to make purchases fm placesther than drug stores? >> he got some prescriptio from the internet. >> she told the courshe and her husband tried to straighten him out seing him to rehab several times beginning in 1999.
10:45 pm
>> how long was he ihazelton for? >> a month. >> now to deribe toolan's state in the days before the murder -- >> did y at some point recei a phone call from your son? >> yes. >>he described a conveation with her son two days before the murder. he w inconsolable over the breakup with beth. >> he sa she's gone. she's gone. she's taken all her stuff. he said i s asleep. she just left. >> the nexday, sunday, the olans went to manhattan to see eir son. was in terrible shape. >> his whole body exuded the smell of alcohol. >> the defense believed that established tool's state in the days before the murder. now for the day itself. when toolan was picked up in ode island hours aft the murder, he had been drinking. sobriety testsater put him at twice the legal limit. >> multiy that by six.
10:46 pm
>> estimation was at the time of the murder toolan's bld alcoholevel was .30. >> where does that fit in? >> that fits in the next level above confusn to the stupor fa. >> so toolanas profoundly impaired at the me of the murder a that was just from drinking. add in therugs -- how much did drugs play in tom toolan's life? >>e would take whatevedrugs he could get his hands on. >> such as? >> methamphetamis, zoloft. >> there was more. the defense revealed that toolan ent years fighting depression and obsessive compulsive disorder and in e late '80s he atteted suicide and finally the fense was ready for s knocko punch. a neuropsychologist. >> he has ofound dysfunction.
10:47 pm
>> he testified that years of substance abuse brought about th mental defect. beuse of it, toolan could not corol his impulses so e defense argued hcould not be held criminally sponsible for the murder. >> it was ke the perfect stm. you have the fntal lobe defect. person is unable to contro their otions and executive function coupled with the loring of the inhibitis through alcohol all swirling together inside this man's head. >> the prosecur's job was to bl that argument away and to are that tom toolan kn exactly what he was doing and that he carried oua cold, lculated killing. the commonwealth wi present to you a time line.
10:48 pm
>> as evidencef premeditation, the prosecutor told the court that on the night before t murder, security guards at new york's laguardia airport stopp toolan from boardi a plane to nantucket because was carrying a 10-ch knife. when ask about the knife, toolan offer a series of stories. >> he said he forgot it was in there. >> he had to cut a birthday cake. >> he was having lunch with his sier in nantucket and she wanted him to bring a knife. >> the prosecutor ought evidence to show at that toolan boarded another plane for nantucket this time without a knife but when hlanded, he went spping for knives. toolan may have en drinking that day, prosecutors argued, but he was used to conming quantities of alcohol andrugs wiout showing it. and the prosecutor calle witnesses who would testify th toolan dn't seem drunk. >> raise your right hand. >> that's what the clerk who ld him the knives teified. >> would say he was sober. >> and the rental car agent at
10:49 pm
the nantucket aiort. >> did he seem intoxicated to you at that time >> no. >> would you rent a car him ife appeared intoxicated to you? >> not likely. >> the prosecutoplayed a surveillce tape from the airport. toolan fleinto the airport after the muer arriving at abt 1:15. jurors canee him renting a car, walkingut to get it and driving away in a gray chevrolet impala. >>ou're able to see hohe's walking. he's not falling. he's not stumbling. the perss interacting with him are interacting a normal way. >> there was audio ithe back of the ste trooper's cruiser after heas arrested in long island. >> can you tell what's going on? >> we'll discuss it when we get back. >> the prosecur argued that tool was coherent. he wasapable of thinking clearly and distinguishing right from wro despite the alcohol.
10:50 pm
and the prosecution also had a forensic psychiatrist who they thought would deliver their own knocut punch. >> were you able to form an opinion concerning the cminal responsibility of thomas toolan iii on or about tober 25, 2004, respect to the killing of betlochtefeld? on that date he did not have a ment disease or defect. >> and so thprosecutor told the jury tom toolan was criminally responsible when he stbed beth lochtefeld to death. the testimony took nine days in all. as the smer arrived on nantucket, the surf and sea beguiling visitors and sres becking shoppers inside nantucket superior court, the juror in toolan's murd trial got e case. coming up, the end a trial. >> is the defendant guilty or not guilty. >> but not the end of the story. beth lochtefeld didn't get a second chance t tom toolan
10:51 pm
will. [ male announcer ] some things are simply better home. likthe enticing aroma and stinctive taste of nespresso. elegant capsuleseet masterfully crafted machin, and one touch creates the perfect coffee, cappuccino, and lte. ♪ tempt all yousenses with one extraordinary coffee. [ penélope cruz ] nespresso. what else? [ male annocer ] available at these fine retlers andespresso-us.com.
10:52 pm
10:53 pm
10:54 pm
10:55 pm
will. the jury in the tom olan trial took five hours toeach a veict. >> do you get butterflies every time? >> yes, you do. >> afamily members and jurors retued to their seats, t courtrm suddenly seemed too small for a big drama. >> you can hear pin drop in the courtroom. emotion arpalpable. >> high stakes with subtle hints. >>ou can tell if the court officers surround the defendant, you figu things aren't going that well. >> is the defendant guilty or not guilty? >> guilty. >> guilty ofirst-degree murder. guilty of assault and battery with a dangeus weapon. a stoic tom tool, a distraught mother and no rejoicing fr the victim's family. >> we are relieved tt this troubled and dangerous man can never harmnother innocent person.
10:56 pm
>> tom toolan wasentenced to life in prison and that is where things stood for four years bu in august of 2011,verything changed. the massachusetts sueme judicial court overturned m toolan's convictn. the court said thereere flaws in the jury selection process and ordered a new trial. the new trial got under way in june. this te at a courthouse on the mainla. for thlochtefeld family going through it a second time was deeply disappointi and woying. >> all of a sudden he wasn't convicted of killingy sister anymore and was as far as i s concerned. >> for tom toolan, it was an incredle second chance. this time the dendant looked thinner than durg the first ial and this time a w defense attorney argued e case. >> this is not a who donit? this is not clear when, how, case.
10:57 pm
>> robert sheketoff opened with an admission thatoolan did kill bh lochtefeld. what the jury hato decide was why. >> it's a difficult issue to look into somebody mind and figure out what was ing on in that mind. was he a common criminal or was he not? that's thessue. >> it was the insanityefense all over again. dressed up a little diffently presented in court by an attorneyho was keenly aware he had an uphill battle on his nds. >> the real question is anne willg to let somebody who has done something this horrific "o the hook" because othe problem with their drug abuse, alcohol abuse and underlying mental issues. >> t prosecutor had the gloves off ce again. >> 52 days, ladies a gentlemen. 52 days from the time elizabeth beth lochtefeld t thomas toolan until he stabbed her to death.
10:58 pm
>> he said that tom toolan kw what he was doing e day he killed beth lochtefe. >> a choiche made knowing it was wrong and he undstood that at the te and he still chose to do it that's wt criminal responsibility it. >> this time the trial was considerably shorternd this timehen the jurors went out to deliberate, they were back the same day. >> the defendant thomas e. toolan is charged th murder. is he not guilty or is he guty? >> the jury has und him guilty. >> guilty of what, please? >> first-degremurder. >> guilty again on allounts anthe defendant sentenced against to life and from the families. beth's sister, kathy, read a statement in crt.
10:59 pm
>> ts verdict cannot bring beth back but it does bring a measure of jusce. >> for tom lochtefeld, it wa satisfying even thgh for him the first conviction was the one that mtered. >> on that day, we all took a walk up to beth's grave site after the conviction and i just remember feeli that it was a beautiful, june day, and it felt like, wow, this is final -- i'm finally noupset to be here anymore and it was good agai >> for those who werclose to beth lochtefeld, there's a real sense oflosure this time. the trial bend him, beth's father, the artist, john lochtefeld, is back at work on nantucke in his studio the book he and beth worked on together. it was published after she died. he illustred her words and dedicated the book to beth and her dreams.
11:00 pm
the dreams she lived and those that dietoo soon with her. >> that's all for now. i'm lester holt. people living ross thr bay areaommunities are being told to stay inside. fire burns at a metal recyclg company. >> and we are keeping a close more than 10,000 pple are feared dead. >> plus, a northern california and only their young son escapes ale. who police a looking for. >> nbc b area news starts w. >> tochg for joanks for joinings >>moke can be seen and smelled fo

234 Views

info Stream Only

Uploaded by TV Archive on