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tv   Dateline NBC  NBC  February 7, 2016 6:00pm-7:30pm MST

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nvict murderer. >> reporter: cou this survivorsole t svt mystery? >> i can't t thisappen. i goto do something. >>eporter: everyone toldim was azy. thease a shot. >> 0% to 5% chance. >> rorer: and t was ways te chance he was wron >> eveyby wahoing thr breath. >> repoer: i'mr land this is "dateline". ers keth mrisowith confess nfession." > iwagooid niglate, too late. too dark. too deep into gangerritory i thboer town of po, texa.the teeners,ed down a side steet toward he. ing tohe partyad been a d idea. i was le,e'veo get m anthe there it was outf nowhere. he car. thscreaming.
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nig i'm going i'm going toakupoo >> ter: i nehborho in a tn west textwo innocent lis were snuffein o vlent momt and a sge sto went into deep hibeatio mucin grave a grave a thospoor boys. for 1 for 1long y and then one day in 2005, suny elaso -- pace where person could lk ahead, build a business, fall in love -- a man walked into a bank and, that old to began unlikely resurrection. you were aeller? >> i waa bank teller, yes. >> reporter: her name was lucy and for se time, as she
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paicur custer turned up at most a almost all the teller windows cepters. >he w a ver very attractive mn. we knewhe had a busiss, soe s in there frequently.rerter: ahen on february morng in 2005 there he was. standing in front of her >> he just happeno be at my ndow. and idhave pictes in teller windows of me d the girls. and i remb h askin " those areour dahters?" >> reporer: hina, she learne was jn mimbla, single, divorced father of two andne of el paso's most successl and rpected buildingontractors. >>nd jst mng cversation, i ask her, "where's tdad?" and she and she's like "i'not rried, and the dad's noinvolved. >> well, what did you think? >> i said, "well, there's my chance." >> reporter: he'd noticed her all ong of crse. d that morng, finally, he plucked up the courage and -- >> i just ta chance a i asked her out.
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and rit ff the bat we fell in love. >> and tt changed everything. >> we ended up marrying. [ applause ] >> reporter: itas a second chanor both of them. but as we all know,ecd haes, ndfuas they e, generally come with baggage. complication >> she came with other people. >> correct. i to her - know i'm not just mrryinyou and i will ake the responsily for ur dghters." >> reporter: oh,ut at's not themplicati we had in mind. lucy came with something el, ughters hg o left for gocy remained very close included a young man named daniel villegas. who was in prison. for soat's curious.
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>> at first kinda had my doubts. "well, if he's in prison, it's prbly cae 'slt" but thewouldlways say he winnocent. >>ter: mind you, john was busy runnhis construction comny, didn't thi mabt the danievilgaor how he was cked up foli. how appeal after appeal had been turnedown. >> i wou give him tails o daniel. ing convicd, i just of knew that ty di't he good represtatio ae lostis case, a -- john wli"rll? w." like, tt happens. >> reporter: then one night, lucy and john stopped by danies parent house. byhen daniel had been in ison fore than 10 years. >> we walk io the house and it's kinda dark. i ean, it in the eveng and theyjust sitng there. >> crying. in, cries odesperation. reporteraniel's pants had been trying to fd some legagroup or agency that wld attempt least,prove thr son was cent. aney'd jusceivedheir fi rejecti. dael's sisterichellwas there, too. >> and tt was our last hope.
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we uld do. >> reprter: these are his parents chano andolanda. >> and i fell apart. wa just like, "what dii do to my ba?" i tug iwas goa prott him and i did notng in the slht. soey wre telng y, "just -forget ." >>ye yeah. yes. reporter: john mimbela knew as well as anne nparent would want to accept t probabity that son was actly where he belonged, a guilty man in prison. but daniel's appealhad iled there didn't seem to be anway out. but then thn the midst of all thagloom, jobela d somethinive. foolis perhs. >> i felt ry, very bad for that famil that mont, so i told the "let mee e information they jusrerned om you and let me ok at and le see what i cado, please stocrying, and don't worry." >> and we were all like, "well, yea yes. of course. please." >> reporter: but rely wha coulde do? he didn't have a clue about the case thaput daniel in prison in t first e.
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la oh, these sudden impulse ijohn mbelaad knowwhat was cong --hat itould do to him d everybody else -- would he have beea little more prudent? would heave kept his mou sh?3 f2 inocente an cudo ura l ev though a jury found him guilty. if it wasn't danl, who was it? wheneba -- >> here you have this person who kiedhese two boys and was out there th a weapon. who else coul ts person kil > and jn mimbela tas on the bigst challenge of his li. >> i id wow, he's serious. (burke) at fme, wee seen almost everythg, so we know how to cover st anything. even atag pool party
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baa ba ba ba >> rort >> reporter: he was a building contractor trade, knew nothing about the law and even less about a convicted killer named danil villegas. bunow here s jon mimbel a man far re comfortableith blueprints than legal briefs porinthh the maive case file of a 12-year-old double murr, tryingo make sensef all the intrica detls oe cas it was trial tra, it was some police reports. >> repter: who knew there ould beo much but, aromise a promis so mimbela trea the tas
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by day, he ran his mpany. by night he pled amateur detective. >> a l of the stuff was incomplet bu i read it over andver. >>eport: this went on weeks.lucly s h > ult p as hom work, t dinner and -- start reading. an said, "wow, he'serious." [ laugh] >>epoer: it was ikopg a me capsule, in a y. and certainly miela's memies camelo came floing back. ase the case fil he noticed one of theboysjess fernandezold policeha happened. out of te night, a maon-colored car, like this one, rolled beside them. but whate model the cas,
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> any heart starracing. oh, ma we're ing toetnto an altercation. he car w d this kind of cat and mouse. it would back up,ndwould take off a little further, then back up, d th jt stoped. the adrenaline was pumping, likewe've goto get home. >> then reeved, he car left. the boykepwki but 1minutes l a ocks awark the car appred again,sle awl, rnedf tsigs,pp >> oh,uys, let's ease jusgoet's les go. >>s jess told thpo back then, the boysdn't lten. instead, s friendmondh lo, bbyld, approached the car, started g.>>efe youw it, i stte hearing gunshots. i could sar that i saw a light
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fence. d it was tot-tot. ter:ame car that d otred yo be? eah. all i kept thinking was i was to home. i was toin aafe place. he and his oth friend ran, rar thlive'tooack. but when bobbyndondo failed turupehind em, the two went back to find them. >> could already e ashing lights, red a be. i ew something was ong. >> it was. sse's best friends were dead. >> it was like living a nightmare. i'm goi to wake up soon i'm going wakep now. and the more i tried, you know, didnt wake up. >e murder wnews i paso mimbelaug up dozens o newapclipngs reporting on whatood atrst like gan shootin yet, the vic wert gang bangers,innocent kids caught inhe wrong place at the
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tv repter marigarcia has been cering e caseor years. >> pople wereon edge about it beause here hthis pson hoilled the two bs for go reason a ws t ther ta apon. and if hkill ado and robert we popular, gd kids, whoelse could this pern sdmil o it was aalarming -- kill? so it was aalarming case. >> alarming and puzing. who would ant to kill these ki, and w? m mbella lookeupheir ckgrounds, their personal stories. bby was from a litary family, byll accounts a kind and iendlyouan. mondo was extmely popul, fun loving, and cared deeply about his friends. he was always watching out for . he was alwaysvery protective of me. i uld feel his hand ome. i woutill el that warm
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i hope ierosat lifeeli. an cd l remeer hi >> reportermando and bob's murdr got t of teion from the cops. but ten das passed. arest anen a brea-- tipe in theigod w asting that blew away mdo and bowita shotgun. thboaste the young man he'd accepted as a kd ounofcial brother-in-w daniel llegas. cinuptwvery different sides of daniel emerged. >> it made it difficult t belibecaue confesd. i dn'elve it. he wasd. jut always having n. >> when "dateline" continues. i want to i want to pay th my phone. n'look at the cameras mike. you ready?
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>> repo >> reter: it was not like hnmimbela to make ra omises, especially a promise to undertake a task tt was wa outside of his skill set. and he waalready a very busy man. mimbela construction was booming, doing business all outhe souwest. but his lucy wo deteed that theiel villegas she knew was no murderer. >> didn't e it. i mean, he was a kid, just waysavng fun. reporter: did he seem like the of pson who was capable of tha >> no. nott all. he waa clow he lid oke around a. just a kd-heaed g. reporter: mi kind-arted or not, daniel
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he belonged to a gang, had a rap sheet for a femisdeanors. he had been expellefrom school. he liked to part-- maybe o much. bu boast autr? at soundedo mimbel like morehan a y prank.bu di pents sai's stow niel was e, a kest, eyaitryi t navigate life in a dangrous neighborhood. >> ani think he was tryin' t ough, because we wer a tough ea. >> thes lot of gangs -- >> so if he figured if they feed him, then he'd have a better chan survival. >>eporter: bu that'shat itas, he figured wrg.becat certaiy caught the ten of detei the eo po deptmt, deteiveundeincreasg public pressure to solve ca so not rpringlaten,hey sweup ae viegas' front door ak 16eaold danielowntown for questioning. >> mom kept tling him not to s hing, that she would t him a lawyer in the morning.
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morning. eporte no, he didn't. sometime before t rning came, daniel d that he killhose boys. and th these years ter, mimbela aw what lible sture he signed s own statement, swaring it was true.>> that's kind of made it rd for me to tand that el might be nocen because ed. >> reporter: se,uld confesso cong a crime they didn'tommiight? >> tt was my fstght. >> report: hasigned confession got daniel charg with capimurder. john williamsasn sistant d.he d.a. then. >> yo going thaveo ort through all of the iden
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danies fense atrn argu thas co wasoerced, that he had was baby sitting and wmovie with friends at apart in thend, 11 rorsoted to convt. but onheld t for cquittal. a hu jy. a relief for daniel's family who spite his confesstill ined he was innent. dani hust become a fath. seemed to think he might be able to stay withis inft ughr. but sse hernandez, a wne for the prosecution, was very unhappy with that hung jury >> and i remember the ai don't worry, we're going keep pushing, and we're going to get him. >> d sure enoughthe d.a. tried daniel again. the amily was out of mon, s the court appoint an attorney who had very little time to prepare for trial. >> he called one witnesto the stand.
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called 18 witnesse >> and he was founguilty ia huy. yes. in 1995, he was sentenced to life iprison. he was just 18-years-old. >> it was solved. e murderer wt to prison. the two victims got their justice ca closed >> case closed for everyone exept daniel anhis family. to them, the verdict was a complte shock. >> itas a nightmare to s his face. >> we trieto hug him befo they we going him. he was he was in much ock that he didn'tove fus to g him. they graed himselfnd whisked him ay. >> remember, daniel bragg to his friends that he did it. confesseto the cops that he did it mirbela ad tt, t police reports, trial, appeal, saute
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and yet, to is layman's eyet least something seemed to be sing. t just didn't add up. >>m ke, od, w did they cot this kid wthou y phyl evide soeve >> reor b mimbela still couldn't answ that oneentra estionwhy ulanyone fess tmurddi't ct? comg -- daniel speaks ou did he confessr id he st givin? >he says you don't make a statement. says'm gto maksure yoet thelectric cir and m going tfry - e mesee me. don't are at me. me seme. see tknow that psorias is just somethinthat i have. i'm not contagious. see me to know that i won't stop.
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>> rpo >> reporter: of the thousands of pieces of per john mimbella pored through, tre was one tt puzzled him more than any other -- daniel's confession, signed at bott ich mant danappved ofhat w wtten t, it wasis tiet a life term in prison. d yet -->> this coession did not mch anythinof what e lice
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n agai mae h ybe he was mke but no, daniel sd the color of the car was white, but he was wrong. according to survivin eyewitnes it was mn. the ay hdescrid the sequenc of shots al difer ly from wthe neighb old so said w accompanie by a driv and passeng who it turned o were nowher near the crime that ight. very strange. though, of course, there w probabl probablsome expation. it didn't an daniel was innocent. smbela wrote him aleer. >> trinto get a feel for if he was innocent or not. but the main thing that i nted to let him know is that -- being a catholic -- i wanted to save hi, if in fache was guilty. it'alwa about lping people anlping others. >> reporr: this is where the tter wen the freh robertn it. a prison in abil 450 miles from el paso. ere m he sent to. >> i thought, you , we had
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innocent peop don't go to jail in jail inmerica. >> repoer: this is daniel vilgas. by the timeohwrotis letter, aeteranf the texas prison prison system. daiel was 29 then. wouldt even be eligible for pale l he was in his0s he kept thng of his daughter growing growing uwithout a father. >> i just arted crying d cryin >> reporter: ineten the decision to take his own life and e final act, daniel, for the fir time in year said a little prayer. >> you know what, god, man, i can't deal with this. i'm not askingyou to let me ou. but f you are, give mee type sunshine i'm coming
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letter. >> por: cocidence, o course, what se could it be? but daniel decided maybe hope as wor having after l. and hen imbela nt to see him in is prison, what he hearfrom iewas fr different fro anythinge'd re in e polirert so, what happened the night those boys were murd? in fact, said d he had no ia. yes, heeardbout it.es, and yes, he did brag to his friends, tupidly, that he was d sure enough, before too long, said dael, be was taken investi invesgave svice office vetera homicide dectivmed alnso marquez. marquez' sume also includes an appeance on thev ow "cops," wheree was featured on this episode from tt same ear, 93.
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teified hsaid.certain iv. he was he waread his miranda rights four times, t never askefor attor. ez, accoing to dan emanded that he confess. >>"a if youon't,"said, "ten'monnaake ut t t desert, handcuff you to my car, kick your ass, let you walk back to the ou u again, kick your ass, and then they take you to the couy jail with a bunch of fa[ bleep ] and let them rape you." >> reporter: daniel saie protested tt he had nothing to do with thmurders of those two tes. so, he stts tellinme, "look o, you lite punk, you know what i'm saying? i know y did ts." he kind of -- slap me in the back o the head anytime, yo know? "do you hear me punk? do u hear me?" >> reporter: thenettive marque offered hm a deal, said daniel -- cop to the crime and go to juvie instead of prison. >> he said, t won't be so bad onou." said, "if you don't make a statement,"e said, "i gonna make sure you get the electric chair and i'monna fry your s." >> if yoconfess to committing a murder, meaning that you would get a lighter sentence.
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ath penay? >> yeah. and he wasonna pu t switch on it. i was willing to anythin possible just to geaway from him so, i said,u know, okay, i'll make a statement." >>reporter: that, said daniel, was after four hours custody -- frightened and exhausted. >> and you said yes to evrying? >> yeah. >> buyou di't think when you said those things, "th meani' means m gonna bin pison for the rest of my life" >> no. i didnt even think none of that. >> cen? real? >> yeah.u're not even thinkin' about t future. you'reust thinn'bout the present moment. >> getting out of there. >> ectly. >> reporter: detective marquez, who has since retire declid our ruestor an nterew d t el paso pole dement but the d.a.'s office sai mquez wanever alone with daniel a even if he was, he wouldn'thave had the time to do what daniel said he d. assistant d.a. john william who helped psecute daniel in the first tri, id the confession looked legitimate.
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prented and that's whatyogo for. and i think the police, they get a confeion, they mk it off as a solved crime. they give it to the d.'s office and kind of push it off on th prosecution. >> now it's your tu >> exaly. >> repter: buty the mimbela drhome from his prisvisihe was cvinced niel was telling hithe truth. it was the confession that was a lie. > he seemeda very nice, naive, ung kid. i could sense that the's no way he could've really commd th cri th crime. >> well, younow, everybody in prison says, "i'm innocen" but theast majority of them are not. how were yoso sure it was a false confession? >> i did a lot of research on falsconfesons. anthat confession tt daniel gave, and i rd, fit exactly what the se rearchers confessions are. >>all the assic symptoms were the>> ty were.
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aealslreadexhausted, what could he ? mimba need hp. nodea the someowho d h con dniel a story to tell. mimbela just need to find m. coming up he was aost shocd y the killer. how ou detectives think he was the killer? even srang, he almos confessed. >> younow what, they'e goin to fry you. >> they're ging to f y? >> yeah. >>ou familiar? en "dateline" ntues.again so.. more pills mo pls yep... another pill stop. n i gemy eve baet? for pain. i want my aleve. get all day minor arthtis pain relie with aeasy open cap. plumpi your lasheswith new plumpify masca ginormoulashfting brh
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lit & fit.fe frenjoy. the who thwhole impossible process. he might have stopped ght there,ad he known. stead, convinc at daniel was innocent, mimbela decided the thing he should do was take what he learned to the man who
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'90s -- d.a. jaime esparza. esparza's view then, of course as that daniel was a cold blooded killer. >> i think there is enough belieble and perasive vince in the case >> reporter: and there was no reason tthink he'd change his mind in the years since en. nevertheless mimbela arranged eting. >> well, everybody thoughi was crazy. th said, oh he's the guy that concted daniel, why would you go talk to h?" >> good estion. >> and i'm like,he needs to know the truth." >> reporter mimbela marched into the d.a.'s offe confident th esparza would see the light, correct his mistake and free da free niel john mimla. >> i toim, from i've investited, daelonfession coerced. you'vgot the wrguy.">> an and he me, well, i can't do anything abouit.
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lawyer. lawyer. hired a wyer who said -- >> "you have zerto sm chae of getting this kid off." >> what was it like to hear that? >> my heart sank. i'm like"but hs cent" jo the ystem don'carit'sabout nning d ling." >> rorr: the atrney told a e waal only onhing he could do, file a petition seeking wriof habeas corpus -- a last -ditch stf appeal --he thing you try when all else has failed, essentially a claiat daniel had been falsely and unlawfully imprisoned. >> is nncost you about $20,000. wow. but i can telyothat these things take up t10 years and ere's no guantee. >> rare sceed, in ct. >> th rarely succeed. >> reporter: he wrote the check, but the writ would take months to prepare. and mbela was not pticularly gooat waiting around. >> repoer: so he and cy went
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team. >> he spent a coof weeks revwing the file then -- ? there was no weapon, no car, identication, nnothing excepa confession. >> so bonilnd mimbel started the own investigation. thy fanneout fthe cr sceneorkerd ovethe police repots, for clu, and -- >> there's t onnghing th i wod s, yeth guy did it. thers noone ece of evidce. >> ey also trked down witnesses and f him. jesse hernandez,ne of the teens who survived the shoing and stified agaist daniel. when they found him, jesse was vorc, rsiveth aad e suror'sui t was he w pad his friends to go out that night. and ye lr,was still hated it. >> my friends would still bere t.
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>> is late at night when mimbe and bonilla came to call. >> i opened the door and said, yes, can i help you? like, jesse hernand? like, yes? > identifyurselv. we're here wanting some informationn the murder o armado and robert. >> i said, murr? i'm -- i'm sorry, you gothe wrong guy. i n't know anythinabout no urder. jes said head nia whathey were talking out. then, mimbela plained how he believed daniel had been wrongly convicted for illing his friends. >>e's like, well, how did they come to daniel i go, a confession. a confession that wbelieve was fse, coerced. he turned urned why. >> why did he tn pale beuse of whatapped to him. soon after the murder, said
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hedqrters for an interview. there he sa that same detective told h twritdown what remembed about the shooti. jesse di. and -- >> he says, unwhat, this is [ bleep ]. you know and i knowthat you did it. i'like, how cld youe saying that? dn't do anything yes, you di th's notru the rey fries. i lovey fries. he said, well, u know what, you'reoing to have explain that to e judge. they're going fry y. i just i just -- i couldn't st crying crying. >>marcus,e said,adim conncedead bo a killed s n friends. he came close a confession, he said, but jesse's mother found out wt happened and called the cops, furious about what t dteivhad do t her son. d jesse was t queson by marcusnymore and was never arged with anythi. now, allhese yea later,
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had gen hi >> i started reading it, and i as li, hold on, thas no wh happed. >> jesse said hremembered vividlthe color of the killer's car. the direioit was driving the sequence of the shots. daniel'sconfsi w wrong on all f em. what's more, neither the car the killer drove nor he murder weapon was ever found. anno physic evidence of any kind implicated daniel. >> how did thenvt daiel? i kept thinking, how could th do this to him? he was like me. he just wanted out. he ju wantedo go home. i'm pretty surhd -- signed, diwhateverhe wanted. i have to do sething. >>o he called jn mimba. >> iaid,ohn,t's going t be hard for me, but i'll do what i can. >> with jesse on board, mimbela went looking for more legal mclto he fther dies
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convictions of you which specializes in cases involving false confessions byeenagers. attorney josh tepper was co-director then. wed, okay, wl take look at . as soon as wd, w were hook. john w right, we d toe volved nd ifact, northwestern has reviewed hundredof cases like daniel. ks who cim they gned their lis away under pres. >> idoesn't takmuch to -- for a young person to cavend actually mit to something that th didn't do under that type of pressu. >> that's the only way you get out of this room is tell what weant to hear. >> exactly. >>thwen's endsement aded awhe lel of gita to thease d some national attention, too. but mimbela by now, contractor during he daytime and legal scholar at night, hoped thatt might encourage the d.a. to support daniel's case. d also persuade the judge to grant daniel's writ of heas corpus and der a special hearing calle n evidary ing. > which whill the
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>> i had been told that the evidetiy heariare very rare. >> that was about the only sho daniel had at freedom. mimbelanew before the judge madeis decision, he would hear from the oer pig player in the case. d.a. esrza. remember three years earlier, he turd mimba away but now mimbela was convinced that wi all t new evidence, esrza would be peraded they waited weeks, mons. th several days before christs, the d.a. oic announced it had reviewed the quest and given the judge its commendation. an-- >> w get thsponsem the d.a. asking the judge not to ive us an evidentiaryring. >> like he just put let your possities. that's i >> hope is a dangerous ing in prison,daniel knew. and mimbela was quickly
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>> there were tims wh he stted give up hope, i wou trd encourage him as mh as i cld. >> got to have fth. got to have faith we t >> wery. >> it's d, i know. is going work outkay. >> told him,daniel i'mever going top fighting for you." re innoc and i'm n going toethis happeno you. so don'tive upecse i'm not giving up. >> tilting awindmills? que probay. still, mimbela prepared for a fight. and naturally went loo for the fastest gun in town somebody who could navigatehe stem a give daniel a fighting chanc good luck th that. coming up -- >> anlice really followed those leads thoroughly. >>ffnew hope. i really saw injus.
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,,,,,,, >> re >> rert: the holid season 20 was not an espially joyous time forohn mimbela. thd.a.to h uer surise, had recoen daniel t get a new ari. so now mimlla braced himlf or judge sameano final decision. and th christmaapproaching, wt shopping not for gift but for toh cotrm lawyer, just in ce that long shot camen on that habeas corpus writ and diel did get his day in front of a judge. >> i askedround and said, "who is test laer f dani?" ever i a said,joe spencer." >> if you're in trouble, al bad trouble, yocall joe spencer >> report:o mimbela set up a meeting, ma hisitch. >he tel me the storybout daniel. i go,he h two trial" he go, "ah." "'use he confessed." he goes,yes.
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"yes." "he'slready exhausted s pe." hgoes "yes." i go, "at do you wanted?" >> rorter:spencer had seen a lot f s in h day, en plty ofeoe off.thica? wasn't just long shot. itas aurloser. >> you don't uerand, jn. this ites. in texas i gie you aboua zero tfie percent chance obeing succssful, closer to zero than to five. m telling you that i don't think th thk that we can n this case. >>erter: neveheless, he took the fe and read through it fro to back. reall really saw a wrong that eded to be righted. andust want to be so much a pa of it.
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spencer focused the man who >> reporte >> reporter: well, surely ia stame like that is made and then it's comparedo thcts, they thro they throw out t statement. >>eporter: sothing else the statement cght his eye. the t brother. javier now dead and his brotr, rudy. both had been eared by the ps. this was weird. the flores bthers were known gangembers.and accointo the murd ct'sriendsrudy had a particular dislike for mandolose oh. d two weeks before the shooting >> rudy flores, according to what we know from police documen, hasad he wasoing to kill armado andad threaten threed whim that. and police had investigad those claim >> reporter: tt was before the shooing. >> before the shting, yes.
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>> when questioned ice, rudy fres mitted ng in e vic the vicinity of the shootingt theime the shooti. but from what wcan sehe police department never really foowed those leads thoroughly. they did not ev look at rudy flores's stement that he puts himself at the scene of th crime. if they st lked at that they would've seen tre something wrg hee. i think the detectives devepe tunel visin. ty g nielo coes ewereivus ryg else. >> sting in the cell with his high-powered legal team behind s ce, diel llowedimse to see possility >> started having more and more and more help. miracles do happen nowadays.i pe m a rae story. >> his parents even had his room ready, hoping after a decade and a halfehind bars he'd finally be coming me thanks to mimba.
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an y, d, ie got seone who listened at least someone was trng. >> private, john men and wom bale kthere wa-- mimbela kn tre was nhop tohangesparzad. was made up. thas when he got an idea. honking ] >> at -ur-face kind crazy idea idea. > coming up, diel gets a sond chance at justice.
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for thone woman your lwho's bo. ever us. ne's day at jare kay and zes repor >> reporter: iwas stle first. just a billboard or two
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popped all ov el paso. inuding ones that move soon there were dmoations right osidejaime esparz widow, demandig justice r daniel villegas. l of it organized by john mimbela. >> i figed the best thing i cado just try to bring awarenes awareness that this is wrong. maybwe can change things. >> he beeves in this cause all his heart. d he's gone through great lengths o try to get her people toelieve. >> reporter and mla took up e cause like mahi band. >> full force. he spent a lot of money. hundreds f thousands of dollars. he has added sense of credibilit, egitimy.
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atntion. >> reporter: d. jme esparza was pangtton, too well aware of mimla's street campaign and how it was helping >> thi hs taken it, in me way, personally. becausth ae th imrtant to him. that this is an affront to juste. >>eporter: ery time we come to the el paso courouse and try to talk to d.a. jaime esparza, he has ut us down. no ter oment. has tolus that he ethicall prevented from doing so. and so we've had to parse togethe the d.a.'s point of vi ba view based on isourt filings and what has leaked out to oth reporters along the waywhich is tt .aesparzis still connced daniel is a ll. and was not about to lehim get a shot at ahi trial escially since he was concted fr and square in esparza's viewyears ago.
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local tv. >> i have to believe in e evidee. i would have never asked tha jury to convict if ihought that i had doubts. i wouldhave nev asked them to do that. >> reprter: at leane othe victim's falies reed a suorted the d.a.'sositio but it was the judge who uld ve the final say. judge s medrano. who noted cefully the d.'s objection spent months viewg the file and finally decid. yes. despit the d.a.'s opposition, he granted danl's wriof haas corp and ordered a hearingo determine whet there was enough edeo warrant warrant a new trial. >> so we knew we had to get this heang we ancof da an we t i>>repote the would bno jury at thihearing;he judge alone would hear witnessesnd then dece ether onoto recommend to the texas court of criminalppals that daniel get a new trial.
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but e all still knew it was an uphill btle this wa this was the st chae. >> rorter: few wks befor the hring danheaded st on a isoner trt bus el paso. he wasn high spirits. it was the first time he'd been to his hometown in over 15 years. we met with him shortly after he arrived at his new redence e county jail. >> it f >> it fee good. finally seeing theity ag, aer so many years. >> repo: you' still hopin thaa court will take a decion that crts very rarely take so u may not get out. >> . >reporter: youaced up to that? yeah. i faced upo that o mucs hpened. too many pieshave bn falling toethe, too many miracles have been happening.
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wold happen a happening. then on a hot da june, 2011, ine medrano'sked court ro, filledmostly with daniel supporters we s no e from theictim's milies. >> all rise. the hearing th d h waited soor finally began unlike a relar trial, the rden of proof was on the defensewhh wod ke t ca dani coerced to a conssion andailroaded into a wrongful convicon. >> the odds were completely againsdaniel. and here he was, back in e sobk in theothouse wherhe was convicted as a 16 year old. >> rorter: but this time district torney jae esparz wasn't atprosution table. in his place asstant d.a. john briggs a tough, no nsense prosecutor, who made case throughout the hearing that justice had already been serd whenaniel was convicted back in 1995. >> we kow thatis aegatio of actl innocence wal ju a sh. and we know that for last 17 yers he's en prang to god to let m oueven thou
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god's not letting him t,e needs you tolet him t, judge. > yes, sir. >> reorter: attorney spencer called parade of witnesses. 33 of them. including him -- >> ma >> marquez, m-a-r-q-u-e-z -- >> here he with a detective who he said wantedo puhim in the electric chair d fry him himself. >> this time the tabs would be turned as daniel's attoey gave marcus arilling. >> was theranphysical evidence between your investigation thatied niel vilas to the scene? n f evidenc evide th tied diel villegaso the e? >> no. >> rorterwhat about coeing the confeion the nightf the ar?
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sista d.a. briggs. >> prior to obtaining the statement of mr. llegas, did you er physicay strikeim? >> no, si i d t. >> evehysically aault him >> no, sir, i didot. >>hreaten him in any wato give that stent>> , sir. >> marcusisted his inveigion was orou. thathe d not sufferrom tunnel vision wh it came to dranl, and thate did -- el, and that he d consider other suspects. >> you all followed up lea, as well, right? >> y,ir, did. >> and t surprise. onof thoriginal suscts inteied by the el paso police all tse years ago. the defense called rudolfo "r" flores. remember him? he was in his mid 30s now, servng time in an unrelate case the map who along with his -- thman who along withis dd brother police belved wathe killer.
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confession out of him. what he got was almost as dramatic. >it i refuse to answer a qutions. i am invoking my fifth amendment riht to rain silent. >> rudy flores wakeeping his secrets, atever they were. >> i ruse to answerny qustio. one witss w vy eaer to takeor niel viegas. thatasaniel. > comg up, weeks of arings,s waiting, then finally a desion >> ran to myson'office, gged im a ced.and di and diover new coconut oil infusion for repair.ndndee
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,,,,,,,,,,, >>summer, 11. the daniellegas hearing, reest for a new trial, draggedon anofweniel ood back anh beten he courtrooand his cell the county jil.
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>> daniel villegas -- >>o talk about that easter weend in 19 and his fatefu encounter with the dtive >> had me mentally paralyzed. i s a -yr-kid.i dn't want go the electric chairnd get fried >> was there any doubt in your mi that the tecte would do that? >> no, theaso ubt th heryhets. the assistant d.a. askehi about his alibi. at hwas baby sitting atn apartme witseveral friends. >> y didn't you just tl tective marquez, hey, you got the wrong guy? i wasaby sitting. >> i toldim i didn't do. ite didn't wa to ar it. >> you didn't tell h that, did you? >> told him i did not do it. assistt d.a. bggs was emphatic daniel did do it. that his teenage boast and ove l honfeoved s gulteyd a doub and something a jy d alrey decide it was aone be ok legally obined, said. protocol properly fwed. in his closing, brgs told the judge that el's claim
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>> t press want to know because then they get their big, sensational story. i guess myuestion, judgeis arwe going to cum to the media pssure -- succumb tthe media pressurer follw the law? popular or upopular as that may be. 'sit it's ur cho >> after the writ hring, that's en t was huge, , hugeovemen support for daie >>eporr: but that was the cou o public opinion. the ly opinion that really mattered washe judge. he would be the one to recommend whether onot daniel should granted a new trial. a negative word from judge medran and it was all but over r daniel. yet other chrtmas ca and wen the 7th christmas wiout
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thvellegases still decorate their tree, hoped for ne year. then new yr's passed a easteand frth uly no news. >> torture. it's like we had done all we couldo, and all we could do was sit and wait. >> finally, august of 2012. judge medrano annoued head de a decision. and l of them filed back into his courtroom, arts in their mouths, to hear what it was. >> is thi court recomendation the tes court of criminaappealat the plicant,aniel viegas' request for a new trial should ranted. [ chrs and applause >> all the years of anguish came out. i ws overwhelmed. all them 19 years just washed out. >> overwhelmed, n.
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el so happfor daniel. not everody was happy with the judgs finding. assista d.a. jo brgs - >> daniel villegas is a convicted muerer. t's his burd tcarry the day on this writ. he hasn't gotten ere my mid. i'not persuaded by anythg th he's esented that we have thwrong person. >> we sll knew that we haone more hurdle. oh, yes, and as a ver big one e judge's recommndation wast the final word. the tes state court of crimal apals would ultimately decide wther daniel goa netri. ninlaw d order justices whosecion woulta se mthanwold be anund with ltlffare on line. ce ek,was way wednesy, the coposte cisns. so every wednesdamorning danl e in his cell in a atof extreme anxiet
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she'll tell me, "no, you'rnot on the list, baby." d ll be like, "oh gogottawait another ek." and that it just kept ogoin' on, weekafter after week. >> reporer: thlegal rarity that hadotten daniel ts far seeme to have lo its momentm. another christmas paed his birtay too and a host of holidays. the long dey, daniel undetood, was not a go sign. as he exsed tois motr over the jail phone. >> don't blame god for it, daniel. don't blame god. you'just having a baay st like i was. having aad day?is is every day. this a't just today, this ai't it's gonna be tomorrow, it's gonna be theext day. reporter: every saturd john mimbe visited daniel, used wtever he could to ep pe alive. >> i had to give hime k of encourem so somebody had offeretoell me a convertie and said, "wha perfect way encag dael.
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waiting for you, so don'try out itout it, you'me." rter then 16 mon r the apcourt got caanielother chked the court website like always. this time, tre it was, a deon from the justces revealed in three iredile words -- relief is granted. >> i fell to the ground. screaming le a psycho. >> reporter: did she make sense when she talked to you? >> no. i had to cl her and ask what happened, what happened? >> reporter: the texacourt of criminal appeals had voted animously to grant daniel a w trial. john mimbela's phone rang. it was his lawyer with the ws.
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ran to my son office, hugged him,an him, and we all cried. we got i>>that momentl live you wi for withor the rest of your days. >> that was probably th piest days of life. >> i was in a ste f shock. was like, no, this isn't happening. >> reporter: over a yeayou were waitg. >> 16 months. the longest 16 months of my life. >> repoer: thtexas courtf criminal appls not only granted daniel a new trial due to ineecivassistance of counsel, i ved his conviction. in other words, it was no as if he never been put on trial. meaning -- >> that i wasn't a convicted felon hat was thmost beautul part here. >> porter: clean, y have recod at l. >> none. >> reporter: what's more,e aonewaiting trial, iwas possible dani could be releed on bail. mimla, who had ready s well intsifures on the ca, feared bail would be set in theillions.
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meaning daniel woule iremain just where he was -nd bars. coming up, will the d.a. tryfor trial mber three? >> we're pyi that that doesn't happen. >> when "dateli" coinues.damage from abetes uses causes diabeti nervpa is fda approv treat ts in.lyrica mayauseerious allergic reactions oruicidal ough or actis. tell your do right a ou have th neor worseniepression, or unusual cnges in mood or behavr. orweing, trouble breatng, rash, hives, blisters, muscle pain ther, tired elorvion. common seffe dizziness, ses gain answel of hands,eg and feet. don't drink alhowhile tang lyrica. don't drive orse machinery
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more "sit" per re "sit" per roll. bountys two times more absorbent. so one roll bnt cala lge tban ands.soou ge if per rl. ty. the long-lasting quicker picker upper. james drove his rav4 hybrid, unawe deh was lurking. at? he w challenged aeam of lumberjacks t's do this. he would drive them to hard knocks canyon whe heould risk broken legs, losing lim, anslipping and dying not helpg. but death would ha to wait. james left wh neound knowdg a man's gratitude, and his sht. hofar ll you take the alnew v4ybrid? toyota. let's go places.
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en "rkey jks." [t ge. utcher] i'[butcher] i'm sorry! (burke) covered march fourth014. talk to rmers. we've seen most everything,
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we are farmers. bum-pdum,m-bum-bum-bum >> repor >> reporter: nuary 14th, 2014. da danielillas hadeen locd almost 20 years. dechding on wh happenein this urtrm, his fe behind ars wod connue, or he would taste freedom for the first time since he was a teenager it all depended oa ba hearing, where once again judge medrano would make key cision, ttisetting th amount. johnimbela worried,ighy, th it oube astnomical, beis means. i'monna have to ce upwitme mone >> rorter: but to eryone urprise the jge set bail at 0,0, of which mimbela only had to a small percentag-- just over a thousand bucks. >> oh my god. [ aughr ] otherappy, happment. it's ke tt i tnk i can it probabhsmlest check i've
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>> reporr: john mimbela happily wrote the check, and befor before very long -- [ ches ] >> it was priceless. it was priceless. we had waited for so long for that mom that moment to happen. repoer: me else grd daniel too, somebody he had never met. heanz. >> i said, daniel. and turned around and he looked at me, ad -- and i whispered to him, "i'so sorry. imo sorry for whappenedo you. i really am. but i'm so happy for you. tt you're t, andyou're enjoying this." ande ss,"oh, man thank mh.
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and he gave me a kiss. >> reporter: ana few minutes later, daniewas whisked away the redonvert john mimbela promised him back in thoseardaysn all seemedst. >> wt betterayha presehim his r, ant him ride aw in that car? >> reporter: pretty amazing day. >>very amazing. uln't beevthat this day had filly come. >> reporter: they went to church then. and thethey had a feast his irst steakn year >> delicious. >> reporter: he camhome to yellow bbons. exeriencing a thengs. well, reauainting himself with the old. >> han't been in my d a lo time. >> reporter: inclung his dahter, jusan infant whehe was imprisoned. now 20 and marriednd in
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sinchis release, daniel's been making r lost time. he has job at any bel contracors, -- at ela contractors, naturally, and a new baby. th would have been the ncoto our story, but as evyonews, the world sometimes has other plans, es d.a. jae esparza despite e court rulings and blic sentim the d.a. is onvinced dani is a killer and should be locked up for life. he's omised to try him all over again. let's have a jury dece whher or not he committed the crime or not. th's aays been our policy. we do our talking in court. >> reporter: though the d.a. has deined our terew ruest until after the case is resolved, he is preparinto introduce now allegations. one is from a man who says he remembers more than 20 years after the fact hearing daniel confess sometime around his two
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be heard in a much disputed prison phone call with his mother mumbng something tt prothe psecutor hears as "i'm not incent." and alsomimbela and danie telephoncalls, the prosecutor wil y, cored to influence witnesses when they can be heard sttegizing. the claim ich acrding to mimbe amounts to a sme cpaign by the d.a. are they trying toet at the un your view? >> not at all. i believe theye just tryg to hide the truth. >> budoetha.ve case? the j hlrey thwn out much of the state's evidence. dael's coession, insible baut wa coerc. l those hour of prison pne ca oaspl relevant the jue did not hear any
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the d.a. determin to move forward iealingt particular decisio though ar el pasoin a t of the legal community, w encotered ny peoe who wonder whyhe d.awill n let it go. one of e ub, e d.a.'s own co-unsel daniel's rst trial. foeassistantistrt attorney john willis. >> i don't kn why they're ursuing it, to be hone with you. i talked to some ofhe officers o were also invold. d a l of the people away have some regrets. >> reporter: ybitas a rush to judent. >> right. >> reporter: thd.a., jme esparzais for re-election. he fes oposion. the villegas case ia controversialssue in the campaign one esparza's opponts says ifeleced she' review the case to see whether is thod pured. the otr po says barring earth-stterg evidence, he'll drop the se.
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for tr three. >> you know, 're praying that that don't happen. it would be a sha to put daelnd amilthugh it a i don know if it goes to trial wyee wi it or they're going to drophe charges. eith bway's one dea 19 yes o i didn't have the chancto be here, y know? >> reporter: at the edge of jn meand women bale's office -- john mimbela's office, the fe of a w projec that danieand mimbela an to open should the case be dismissed or should daniel becquitted. >>i'm excid about at one. 'vgot to get aot of ople that n riso literall hundred us still the. theydon't g a sglaun their ithr li.e' got to be that john for them. >rert: and mibela plans
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ce called the king of construction in el paso. thatas the thinhe hed to emembered for. then he walked into a bank and met a woman who gave him along wi her le the challenge of his life. >> it would berobay theest ing i've eer don ery penny, every hour i spent on daniel'sase s wor it becau now dani's wiis family. >> reporte how many me hours and more thins will depend on a decision not his to make? whatever hpens to daniel, john mimba led uto his word. a promise is a promise all the way. at's a for now.
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tnks for joing us. bum, bum bum, bum [ imitating trumpet ] bum, bum [ vocalizing ] [ imitating beats ] [ cheering ] - please dot stop the - please don't stop the pase don't st the music musmusi music music, music, music please don't op theusic - music, muc, music - [ vocalizg ]- music, musi - [ rlov lekers! [ imitating beats ] t's tt' no this isxactly e type of perfmance... you would pect to see at... e ternationachampiship of collegiate a cappla am i r? oh, joyou're so ri erythilsems wr y,hese bden unersi treblemars thll judges. and e dies in the room cannot enough.
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