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tv   Eyewitness News at 11  CBS  April 10, 2016 11:00pm-11:36pm EDT

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lergy, is very low. did you speak to lin wen again? i don't want to talk about it. keith: this is bull. you steal cars, keith. it's what landed you in prison. i used to steal cars. i hotwired them. old sports cars. vettes and porsches parked on the streets of new york. but you're saying i stole a 2012 four-door from a valet lot in connecticut? any car will do when you're looking to commit a murder, right? and you're forgetting about the dna. you planted it, obviously, because i didn't steal this car! and i sure as hell didn't kill my sister! you said louis bowman also accused the police of planting dna, didn't you? yeah, why? just odd, isn't it? two men making such a bold accusation just within hours of each other. especially given the fact that we think louis bowman may well be innocent. yes, it's odd, but marissa kagan was killed in bristol, connecticut and phoebe elliot died in the bronx. i mean, do you honestly think two different police departments in two different states, including the one we work in, are just gonna sprinkle dna around whenever they need to close a case?
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that's right, phoebe died in the bronx. marcus said the shooter's car was abandoned in bridgeport, and that's also odd, isn't it? someone stealing a car in connecticut to commit a murder in new york, only to drive it all the way back to connecticut. you have a copy of the lab report that places keith in the car? yeah, it's right there. i retract my earlier theory. i don't think anyone planted evidence in either case. if i'm right, the killer didn't have to. she can create any evidence she desires. oh, honey... no.was the first capital. if i'm right, the killer didn't have to. ♪ wait, did you just have that on your phone? it's time to mix it up. do it, dad! yeah, do it! there are thousands of ways into the complex health care system. it was frozen. daddy's hand looks funny. and choosing unitedhealthcare
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and kidney failure. ask your doctor about a simple blood test for prediabetes. sponsored by nacdd with support from the centers for disease control and prevention. visit cdc.gov/prediabetes i tested the samples personally. the dna was a match for keith elliot. well, you're a supervisor, ms. mercado. do you normally run tests like these yourself? i do all the high priority cases. rapes, murders-- that kind of thing. i want to make sure they're done right. and they were done right with keith elliot. we found multiple sources of dna in the car. and one was a definitive match for your suspect. were there any alleles missing? it was a complete match. how many loci? thirteen. and was it a match for hair or skin samples? hair. yes, 'cause according to our records, there were nine strands of hair found in the vehicle. but none of them with the root attached. that would make it very, very hard to get an exact match, wouldn't it?
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sorry, i meant skin. it was a skin match. the samples didn't actually match. did they, ms. mercado? i'm sorry? watson: we've studied your record. you're very fast. and you've had an unusually high rate of results that support the state. i'm good at my job. but we don't think you actually do your job at all. we think you rely on "dry-labbing." you write false reports. which conform to the wishes of the authorities, instead of actually testing the samples that you're given. bell: it's not like this kind of thing hasn't happened before. they've had the same problem in massachusetts, north carolina; even the fbi's lab has made thousands of questionable hair matches over the last 20 years, including 32 in death penalty cases. holmes: mm-hmm. sometimes it's inexperience. sometimes it's just incompetence, but you-- you're a supervisor. i think you know what you're doing. so perhaps you're just driven by a desire to feel important, to be the hero, to be the key witness putting bad guys away-- am i right? i have an excellent reputation. ask anyone-- i am an asset to law enforcement. yes, but you're not supposed to be an asset, are you? you're supposed to be a scientist.
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you're supposed to be an impartial seeker of truth. but you're not, you're a charlatan! and you've sent at least one innocent man to prison-- louis bowman! i stand by my work. bell: then you won't mind if we retest all the evidence in the phoebe elliot case at another facility? because if we're right about what's going on here, the person who had the best motive to kill her was you. you're police. you know how things work. in most cases, even high profile ones, detectives figure out who did it by talking to the right people, following their gut. it's finding proof that's tough. you used to be able to get convictions with witness statements or circumstantial evidence, but these days juries want something physical. they want dna. and you give it to them. i'm on your side. you know that dna can be more subjective than people think. it can be hard to find an uncontaminated sample. the results can be inconclusive.
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so when the police are sure who did it, but the tests aren't clear, i give law enforcement the benefit of the doubt. you frame people. you corrupt the justice process from the inside. i help get convictions. louis bowman got a life sentence thanks to you. only it's looking more and more like he didn't kill marissa kagan three years ago. gregson: we think that when phoebe elliot realized she had a picture that could exonerate him, she told someone. maybe it was you. maybe it was the lab to confirm whether the dna was accurate. holmes: if that was the case, you would've realized how much was at stake. an audit would uncover the same pattern that we found. you were in danger of going to jail. and having every conviction that you'd engineered overturned. killing phoebe would stop that from happening. i told you i didn't do that. i never even met the woman. phoebe was shot in the bronx. but her killer drove a car full of evidence all the way to bridgeport. and the only reason to do that was to make sure that that car was processed
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at the connecticut forensics lab-- your lab-- where you could implicate whoever you wanted. phoebe's brother was the lowest hanging fruit. holmes: you said yourself good police work usually reveals the killer. in this case, you have means and motive. and unless you can provide us with an alibi, you also have opportunity. i was home alone that night. but i can prove i didn't kill her. recheck the dna evidence from the stolen car in your own lab. or a private lab. or any lab you want. you'll see that none of it belongs to me. what would that prove? you're an expert. you could've removed your dna. or worn protective gear to make sure it never ended up in that car in the first place. i could've removed all the dna from that car, sure. but to remove only my own, that would be a neat trick. as far as protective gear goes, why would i risk getting pulled over for driving around in a hazmat suit? in your version of the story, i knew that i'd be processing the evidence, so i wouldn't have needed to keep my dna out of the car, because i never would've reported a match to myself.
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right? i didn't kill anyone. do the tests. do them right. you'll see i'm innocent. every piece of evidence she ever handled, every lab report with her name on it, it's all got to be reexamined, which means hundreds of cases getting reopened in connecticut. of course, in the meantime, we got our own problems. i'm not convinced that she killed phoebe elliot. nor am i. you have to appreciate the irony. were someone like ms. mercado to process the evidence they would happily provide the false match needed for a conviction, but an honest test would likely exonerate her. still, whoever killed phoebe had to have known about her, right? why else would they drive the car all the way to connecticut? they were counting on her doing what she did. they knew that no matter what the test revealed, her report would confirm the police's initial suspect. her ability to produce evidence on demand can't have gone completely unnoticed by connecticut's entire criminal justice system.
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which means we're probably looking for someone in law enforcement. (knocking) could we talk? (door closes) more detective stuff? a technician's been falsifying evidence at a crime lab. we think someone knew and took advantage. i was going through all of her cases and making lists of the people who were in the habit of steering work her way. no sherlock? he's talking to a suspect we already know about. i don't do this very often, so i may suck at it, but i came to apologize. obviously, i have a lot of unresolved anger over my father. our father.
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i lied when i said he hated you. he never came back to us, and as far as i know, he never even knew your mom remarried. so i'm sorry. well, i had a feeling that you... might get angry after you found out that i called your mother, so i'm sorry, too. i've never really been good at taking no for an answer. (chuckles) pretty sure that's a yun family trait. not knowing when to quit. when in doubt, charge ahead. you have the right to be curious about dad. like you said, for you, he's a mystery. but for me... i remember him giving me piggyback rides and calling me silly nicknames. and i remember him getting angry and confused, and then he was gone. he was someone that i had and i lost, and it hurts to think about that. anyway, um, i talked to mom, and she said it's okay if you want to call her again.
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i appreciate that. good luck with all this. i already told you i didn't have anything to do with marissa's case three years ago. that's not exactly true, is it? by now, you've heard about the arrest of the crime lab supervisor who processed the evidence in marissa's murder. it turns out that you made quite a few calls to her while she was working the case. so? so your cousin bailey neal is in narcotics. over the last few years, he's sent a lot of cases zoe's way. maybe that's just a coincidence, or maybe he knew how she worked. maybe he told you about his secret weapon. okay. first, that's bs. bailey is a good cop, the best.
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second, the only reason i called zoe as much as i did was because i felt guilty. about? marissa was my friend. if i didn't drop out, i don't know, maybe louis wouldn't have stopped obsessing over me and started obsessing over her. so did i encourage zoe to make sure he wouldn't get away with it? yes. absolutely. but i was like that with everyone on the case. well, there could be another reason that you wanted to point zoe at louis. you killed marissa. what? you say that you and louis weren't a couple. he says that you were. what if he's telling the truth? he grew interested in your friend. you got jealous. (chuckles) something funny? yeah. uh, marissa and i never would have fought over a guy. you were that close? no, she was that gay. her family is super religious. she never got around to telling them. the only people who knew were me and phoebe
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and a couple of other friends. i'll give you their names. you can talk to them. they'll tell you. after she was killed, we decided it wasn't our place to say anything. plus we knew it wasn't relevant because we knew louis was the one who did it. let's say we believe you. is there any other "irrelevant" information you've been keeping to yourself? you say louis is innocent, i say you're wrong, but marissa was seeing somebody, a married woman. she never told me who, but she did say she was pushing her to get a divorce. watson: how'd it go with amanda neal? i don't believe she's our killer. how's it going with the case files of zoe mercado? well, from the looks of things, there were at least a few dozen people in connecticut law enforcement who knew what she was up to. they'd either specifically request her to process evidence, or they would ask her to repeat a test done by a subordinate to get a better result.
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this ii got to see my dad, die on national tv. they don't know what they took from us. people are dying. we need a president that's going to talk about it. i believe bernie sanders is a protestor. he's not scared to go up against the criminal justice system. he's not scared. that's why i'm for bernie. i'm bernie sanders and i approve this message.
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can i help you? i'm detective bell with the nypd. this is detective gould with the avon pd. does assistant district attorney christa pullman live here? she's my wife. is everything okay? she's fine. my colleagues and i are here about a college student named marissa kagan. does that name ring a bell? it was tragic, what happened to her. actually, that's what we're here to talk about. the kids are at school. come in. i don't understand. marissa's murder was solved years ago. it was that stalker, that boy she went to school with. we now think louis bowman was framed and that the person who did it also recently shot and killed a young woman in the bronx. that's horrible. but shouldn't you be talking to christa about this?
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she'll be home in a few hours. watson: we will. we've recently become aware of a suspect that the police never pursued, a married woman with whom marissa was having an affair. a witness reports seeing marissa's lover wearing a very distinctive green-and-white baja sweater. any idea who that might be? christa has a sweater like that. did you know about the affair? i found out. bell: your wife's failure to disclose her relationship to the victim at trial is gonna be enough for avon pd to get a warrant. someone's gonna be here shortly to collect samples of her dna. her toothbrush, her hairbrush should do. they can take whatever they need. but first... there's something else you should know. my personal attorney is on her way over. i'm not going to discuss any of this until she gets here. that's all right. we don't really need to ask any questions.
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your wife already confessed to everything. what? gregson: please. sit. we know that you and marissa were having an affair and that your wife, teri, found out. she confronted marissa over your infidelity, and that confrontation ended in marissa's murder. watson: when teri got home, she told you what she had done. she was ready to face the consequences and turn herself in, but you told her not to, that you would take care of everything. gregson: and you did, you made sure that zoe mercado was the one who tested the saliva on marissa's body, and, like you expected, she matched it to louis bowman. you thought that was the end of it. but then, a few weeks ago, phoebe elliot contacted you. she told you what she'd seen in that blown-up selfie in ephraim hill's gallery. she said it seemed to corroborate bowman's alibi. holmes: you shared this with your wife, and according to her, you once again promised
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to "handle" everything. you tried to convince phoebe, as you did me, that the photograph wasn't reliable. when that failed, teri says she took matters into her own hands. first, you replaced phoebe's selfie with a forgery. then, the next night, she went to a restaurant near your home in avon and stole a car out of the valet lot. then she drove to phoebe's gym in the bronx, waited for her and shot her. gregson: we've got a signed confession from your wife admitting to the burglary at the gallery and to the murders of marissa kagan and phoebe elliot. no. no, you coerced this. i can get this thrown out. your wife's confession was entirely voluntary. we've got it in writing and on tape. there was a time when that would have been the end of the matter, but ex-lab supervisor zoe mercado is right about one thing: juries do not like to convict these days without dna evidence, so we retested the saliva found on marissa's shirt three years ago just to be certain. it's a preliminary match for teri. gregson: there isn't much doubt she killed marissa,
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but phoebe elliot? that's another story. bell: we compared teri's dna to skin cells recovered from the car used in phoebe's murder. if ex-lab supervisor zoe mercado or anyone of her ilk had performed those tests, they would have rightly come back a match. but in this case, we didn't inform the lab which dna belonged to our suspect. we provided several samples from your home, samples from other suspects, like keith elliot, ephraim hill. even threw in a sample from my tortoise just to keep them on their toes. and imagine our surprise when the lab revealed that the dna in the car didn't belong to your wife, it belonged to you. you knew phoebe's brother had a record. with his history, it was a matter of time before we zeroed in on him. and with a little nudge, zoe would attribute any physical evidence found to him and not you. watson: teri felt responsible for the whole chain of events. so to protect you and to leave your children
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with at least one parent not in prison, she tried to take the blame for both crimes. fortunately for them, we understand they have very loving grandparents. unfortunately for you, when lab work is done right, without bias, without assumption, it really does tend to convince a jury of a killer's guilt. lin: this is gonna sell quickly, so let me know if you're interested. looking for a place of your own? can't beat the location. your office said you'd be here. i called your mother today, and we spoke for a while. your mandarin must be good. no, she seems nice. she's the best. she invited me to tea. i'm not surprised. i took a rain check. look, i know this has been a lot for you.
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it's been a lot for me, too. and i just thought, "why rush it?" i'll have tea with your mother when you're ready to join us. why? because you're my sister. captioning sponsored by cbs and ford. we go further, so you can. captioned by media access group at wgbh access.wgbh.org and ford. we go further, so you can. it's not about how pretty you are it's about what you're saying and how you're saying it. and being able to be confident and happy, that's what truly shines through. be true to who you are. i'm so happy right now. i'm the happiest i've ever been. i think it just comes with the fact that i'm accepting who i am. everybody deserves love and kindness, don't they?
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it not only kills fleas, ticks and mosquitoes, it repels them, too. so do more to defend your four legged friend... ...with k9 advantix ii. for the love of dog. . from the cbs broadcast center in philadelphia, this is cbs3 "eyewitness news". right now on "eyewitness news" a close call for a bensalem homeowner an suv come puts crashing into his house while sleeping few feet away. incredibly the family walked away. the driver of that suv is on the loose at this hour. it happened about 5:30. greg argos spoke with a homeowner and has the very latest on the search for that
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driver. >> reporter: when you see the tire marks up the hill. >> i heard a boom. >> reporter: the damage to the shed and what's left of his home. >> my front room and that was about it. >> reporter: you may not believe no one was seriously hurt when a man driving an suv slammed into his bensalem house around 5:30 sunday morning. >> it was like parked in front of my stairway. >> reporter: davis's wife was sleeping downstairs recovering if an earlier hospital visit feet from the destruction, she's back in the hospital tonight. stress of the whole thing just too much. >> blood count was low. her pressure was low but it ran her pressure way up. >> reporter: investigators say person first hit neighbors shed. >> he was over there. >> reporter: dislodging it from it's foundation before crossing the street and hitting davis's home. >> he was going fast. >> very fast. >> reporter: police say driver
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ran off and took part of their property down. everyone here glad he didn't take their lives. >> we could have been dead. but the grace of god we're still here. that's all that counts. >> reporter: you can see just the extent of the damage here. davis says so much damage in fact it's not safe for him or family to at any inside. as for his wife, she is still in the hospital but expected to be ok. i'm greg argos cbs3 "eyewitness news." turning now to the weather after a winter-like weekend. it's about to feel a little more like spring. meteorologist justin drabick is out there on it sky deck with a look at the forecast. much better. >> certainly if you like spring weather you're going to like the temperature forecast coming up. we're feeling the difference right now compared to this time yesterday. it's chilly outside right now but we're not going to be deal with 20 and 30's for overnight lows. these were the highs above
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average, good 12 degrees above average, only made it to 50 officially at philadelphia international airport. at least we had the sun going. 42 the current temperature, 43 well, 30 in mount pocono. temperatures uniform, clouds roll in that's going to help keep the temperatures up tonight. tomorrow morning when you're waking up around sunrise, generally upper 30's for the is that yours to low 40's. partly cloudy right now over philadelphia. more clouds move in from the west tonight ahead of our next storm system. we're talking about rain mainly during the morning on monday from the city on north and west. this could impact morning commute a little bit. should be light rain don't expect a whole lot of problems. we'll talk about if the showerses will linger. that may mean it could impact the phillies home opener. natasha send it back over to you. speaking of that home opener, season baseball is coming back. opening day tomorrow at citizens
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bank park. let's bring in lesley van arsdale. >> doesn't feel like baseball weather but we know it will be coming. the good that you say is the phillies have momentum going against the san diego padres. two-game winning streak after starting 4-0. the leapfrog, the u.s. navy parachute team got in a practice jump to prepare. there's a lot of planning to make sure the jump is absolute perfect. >> today we jumped out of 4- hundred. every time we go up to our elevation, we get winds and the direction of them. >> it's awesome being able to see philadelphia downtown be above downtown from the sky very majestic. >> every year we come here and

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