tv In Cold Blood MSNBC June 9, 2012 11:00am-12:00pm PDT
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[ whirring and beeping ] it's the at&t network -- doing more with data to help business do more for customers. ♪ has the jury reached a verdict? >> we the jury find the defendant -- >> help me, please, i've been shot in the head. a dramatic 911 call from a remarkably courageous woman. >> she just had the sheer will to survive. >> two brothers burst into the house and into the lives of a group of friends to stage a shocking marathon of robbery, brutality and sex crimes that ended in murder. >> i turned to heather and said, oh, my god, they're going to shoot us.
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>> somehow she survived and lived to testify against her attackers. >> i had a choice to lie there and die or to get up and live. >> in this hour, "in cold blood." >> oh, my god. help me, please. >> what happened? >> these two men broke into our house, and they held us and they took everything and they executed my four friends and i've been shot in the head. we need an ambulance. and so it began, on a bitterly cold and windswept night in wichita, kansas, and an anonymous voice crying for help in a desperate race against time. >> in case i don't make it, i want you to know i've been raped, so you can check me. >> in time that voice will tell a brutal story that still haunts many here, a stark tale of distilled evil and the will to survive. >> they came into our town and
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they decided that it was a hunting ground for them. >> a hunting ground that soon became a killing field, violence that shook wichita and summoned memories of another notorious massacre that took place in kansas 41 years before, dramatized in the book and film "in cold blood." in 1959 two drifters slaughtered an innocent farmer and his family to the horror of midwesterners who believed things like that just didn't happen in kansas. this escalates from there. this is "in cold blood ii." it's a horrible sequel. at 2:30 a.m. on december 15th, 2000, while the rest of wichita slept beneath a blanket of new-fallen snow, there was only the voice. >> they made us bend on our knees in front of the car.
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and is there an ambulance on the way to where i am right now? >> early december 2000, the first serious winter cold front was still a week away. andy schreiber, who had just taken a baseball coaching job at newman university, was looking forward to heading home to utah for the holidays. it was late at night on december 7th when andy drove his new ford expedition to a convenience store. >> i saw out of the corner of my eye a black male approaching me pointing a gun at my face and yelling at me to move over. >> did you think about gunning the car and taking off? >> no. it happened so fast, i pretty much froze. >> andy said his assailant had an accomplice who got into the back seat and jammed a gun to his head. the doors were locked and impossible to open from where he sat. schreiber says whenever he tried to sneak a glance at the man behind him, he was hit with the gun. >> i think it was the passenger that said something to the driver saying he's going to do what we say. he's not ready to die yet.
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>> for the next hour, schreiber says the two men drove him to atms, forcing him to withdraw money. this security camera picture shows his arm reaching to dr his wrist, a watch his kidnappers later stole. with his checking men acun began discussing where, when and how they would get rid of him. >> they started talking about dropping me off on a dirt road. >> was it your sense, dropping my body off? >> yes. at that point is when i started praying, that if this was my time to go, to please make it quick. >> schreiber says they stopped and forced him to lie face down on the floor. then the passenger in the back seat got out and into another car and followed them as they made their way to a remote area. >> i then heard three bangs. at that point i didn't know it was gunshots. >> the shots were aimed not at him, but at a tire of his suv.
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>> and then he instructed me to wait 20 minutes and then i could leave. >> did you feel a rush of relief? >> not until when i actually heard their car drive off. at that point is when pure rage set in. >> there was little he could do other than drive home on the flat tire and call the police. andy schreiber never got a look at the second gunman. but he told police everything he could remember about the driver, a stocky black male. schreiber's ordeal was over, but four days later and just a few miles away, ann walenta's ordeal was about to begin. >> december 11, 2000, 9:30 p.m. temperatures were dropping and a light snow was falling. 55-year-old ann walenta, a cellist with the wichita symphony orchestra, had finished the last rehearsal before the season's kickoff concert and had headed for home in her chevy
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yukon, a big expensive suv. she thought she was being followed. >> she noticed at that time there were two black males in the vehicle. she pulls up around the corner at this location, and then she pulls into her drive. >> lieutenant ken lanwier of the wichita police said a man approached, pointing a gun. >> as she tries to move, he says don't move, bitch, and fires three times into her torso. >> gravely wounded, ann walenta described her assailant to the police as a stocky black male who was wearing a wig or some kind of hat. three days later, december 14th, 2000, 9:00 p.m., jason befort had finished coaching basketball practice at augusta high school where he also taught science. he arrived home to a full house, his roommates, brad heyka and aaron sander were there, along
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with aaron's close friend heather muller and jason's girlfriend. we'll call her h.g. she had come over with her dog nikki. both aaron and heather were interested in the church. heather taught sunday school and loved to sing sacred music. ♪ they once dated, but the relationship had since become platonic while aaron tried to decide whether to study for the priesthood. heather was thinking of becoming a nun. on this night, aaron and heather were in the kitchen. they shared a late dinner and a bottle of wine. down in the basement brad heyka, a finance specialist, turned in, while upstairs jason prepared his gym bag for the next day's practice and switched off the lights. in the bathroom, h.g. washed her face and pinned her hair up with a plastic clip. outside there were six inches of fresh snow on the ground and a cutting north wind. inside the five friends were warm, oblivious to the change a
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knock on the door would bring. coming up -- i've always looked up to my brother. he doesn't look like a heart attack patient. i was teaching a martial arts class and it hit me. we get to the emergency room... and then...and then they just wheeled him away. i had to come to that realization that "wow, i am having a heart attack." i can't punch this away. i'm on a bayer aspirin regimen. [ male announcer ] aspirin is not appropriate for everyone. so be sure to talk to you doctor before you begin an aspirin regimen. i'm a fighter and nowadays i don't have that fear. [ male announcer ] learn how to protect your heart at i am proheart on facebook.
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december 14, 2000, wichita, kansas. a blanket of new-fallen snow lay over the prairie. it was a deceptively calm start to the holiday season because a crime spree had already begun. two men with guns robbing and terrorizing unsuspecting victims. a baseball coach on his way to the store, a cellist on her way home from a rehearsal. now police were about to get a call concerning yet another attack. and the victims this time, five young friends. at 2:45 on december 15, detective kelly otis was about to call it a night, when something on his police scanner caught his ear.
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>> there will be a total of four victims. >> when they said they had the four bodies in the field, i went in, told my wife i was home but leaving again and took off and headed to the hospital. >> according to the dispatcher, a survivor who had been shot in the head had given key details to the 911 operator about her attackers. >> one is a tall and skinny and he had hair like buckwheat. >> the bodies were found near a soccer field. the survivor had told police exactly where to find them. >> it's just amazing that someone has this kind of memory, this kind of recall that can pinpoint these guys. >> from the beginning, this
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would be a case driven by memories, indelible images like the scene at the soccer field. >> the blood was against the snow and then refrozen, and it was just a bizarre, very bizarre scene. >> so you couldn't have prepared yourself for what you were about to see? >> no. we identified with a lot of these victims. they could be your children. they could be your brother, your sister. this is just so wrong. >> four young victims, barely clothed, shot execution-style. >> this didn't belong in wichita, kansas. this belonged in some war zone. >> when detective kelly otis arrived at the hospital trauma room, the survivor, the woman we've called h.g., was surrounded by doctors, nurses and technicians. >> her head is bloody. her face is kind of away from me as i'm walking up from the foot of the bed to the front to talk to her. and as i get up toward the head part of the bed, i think she heard some traffic over my police radio and her head
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turned. what i expected to see was not what i saw. >> she was bloody and suffering from frostbite, but she would live to tell the incredible story of her survival. to protect her privacy, the media called her h.g. >> what saved her life? a cheap plastic hair clip like this one that miraculously deflected the bullet. h.g. got up after the assailants left and ran naked in the snow for more than a mile. she scaled two barbed wire fences and ran toward christmas lights she saw in the distance, determined the killers would not get away. >> later when police went to the condo where the victim said the rape took place, they found a
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dog stabbed and clubbed to death and rooms that had been ransacked and stripped of valuables. even the closets were bare. the early morning newscast broke the story of the murders and the manhunt. >> police are looking for a silver dodge dakota pickup truck and another yet-to-be identified vehicle. >> i was afraid they wouldn't catch them, that they were going to do this again. it was obvious to me they weren't going to stop. >> 6:30 a.m., a man who had just seen a television report of the murders spotted the truck the police were looking for in the parking lot of his apartment complex. within minutes it was surrounded, a suspect cornered. >> he was seen going out the balcony door getting his foot over before he could realize that there's officers all over the common grounds areas. >> he didn't try to fight back? >> no. laid down as soon as he was ordered to lay down. knew he was caught. >> the apartment belonged to the suspect's girlfriend. inside police found a big screen tv and other items belonging to the soccer field victims. >> the suspect has been arrested
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at an apartment complex in northeast wichita. >> andy schreiber saw the arrest on television. >> i thought, oh, my god, that's the guy that kidnapped me. >> though the suspect gave police a phony name at first, he was later identified as reginald carr, 23, an ex-con from dodge city. within 12 hours of discovering the bodies in the soccer field, police had a second suspect in custody, 20-year-old jonathan carr, reginald's brother. he was turned in by a woman whose daughter had recently started dating him. jonathan happened to be sleeping on the woman's couch when the news of the murders broke. >> the suspects are two african-american men believed to be in their 20s. >> the carrs told police they were innocent. but while waiting for blood and hair samples to be taken, jonathan carr nervously asked detective kelly otis a telling
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question about the death penalty in kansas. >> he asked me, how do they do it? i told him, well, you're strapped to a table. a needle is put in your arm. you're injected with a chemical and you die. a little more pause as he thought about it. then he said, do they feel it? i said, i don't know, we've never been able to ask anybody. he kind of bowed his head a little bit. and i thought i saw his eyes tear up, but i wasn't sure, and i really didn't care. coming up, drama in the courtroom. >> they were shouting, where's the safe? we told them there wasn't one. they then directed everybody to get undressed. everyone's hair breaks. ♪ oh oh oh oh you see it in the brush...
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as the soccer field murders, investigators found connections between jonathan and reginald carr and the two earlier crimes in the same area, the carjacking of andy schreiber and the shooting of ann walenta. remember the watch andy had been wearing on the night he was abducted? it was found in reginald's girlfriend's apartment, and the bullets recovered at all three crime scenes matched. investigators believe both schreiber and walenta were targeted because they drove expensive cars. but the home invasion at the nearby condo didn't make any sense. that is, until a neighbor told police that she'd been followed home on the night of the murders by someone who drove away when she stopped at her mailbox. >> i think they made a mistake, they picked the wrong house. all right i want to know about the search warrant. >> district attorney nola foulston charged the carrs not only with the murders of the
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four friends and the attempted murder of the fifth, but also the kidnapping robbery of schreiber, the killing of h.g.'s dog and the shooting of ann walenta. when ann walenta died of her wounds in early january 2001, the brothers were charged with her murder as well. 21 months later, their trial began. >> this is the case about nine days in december. it's about seven lives. it's about five murders, two survivors and two brothers. reginald carr and jonathan carr. >> the prosecution intended to prove that the soccer field massacre was only the final flourish in a crime wave. that began with the kidnapping of andy schreiber. the first witness was steve johnson, the man who answered his front door in the pre-dawn hours of december 15, 2000, to discover a naked, bleeding woman standing on his front porch, a woman who said she had just been shot in the head.
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>> she said at some point she was afraid that she wouldn't survive and she wanted everything that she knew to be known to me or to the police or to the 911 operator. >> the most dramatic and highly anticipated moment in the prosecution's case came when the lone survivor of the soccer field massacre, h.g., took the stand. >> you've said it's all right to do your voice, broadcast it live. you do not want your face shown. >> correct. >> that's what we'll do. >> with the unblinking eye of the camera averted to protect her privacy, h.g. was stoic and careful, much different than the frantic victim that called 911 that night. she described how it began. first came the knock. aaron opened the door and the carr brothers forced their way into the condo each armed with a semiautomatic handgun. >> they were shouting, where's the safe? in a house this [ muted ] nice, there's got to be a safe.
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we told them there wasn't one. they then directed everybody to get undressed and everybody took off what they had on. >> she said the brothers ordered the men into a bedroom closet and forced the women to the floor. >> i think there was some conversation between the two of them about it would be cool to watch two girls, that kind of thing. >> according to h.g., the carr brothers ordered her and heather to have sex with each other on the living room floor. at one point the men even turned a chair around so they could have a better view. >> they told us to perform oral sex. >> then she said the brothers forced aaron, jason and brad out of the closet one at a time and forced them to have sex with each of the women. >> can you tell us the best of your recollection what aaron said? >> just, no, i don't want to --
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i don't want to do this. and he was struck and then complied. >> could you tell where he was hit and with what? >> i believe he was hit in the back of the head with something hard. he kind of cried out to where you could tell he was in pain. >> prosecutors say the brothers struck aaron and the other men with a golf club that was later recovered from the scene. when not being forced to perform for their captors, h.g. says, the hostages were kept in the closet. she says while she was in there the brothers found a diamond ring jason had carefully hidden away in a popcorn tin. >> jason and i had spoken several times about marriage, engagement, those kind of things. >> would it be fair to say that it was in your mind that this engagement ring would have been given to you?
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>> yes. >> did jason say anything at that time? >> no. >> it was both a terrifying and poignant moment. the awful way she learned that jason was planning to propose. h.g. said the brothers took the ring that was supposed to be hers and then demanded money. >> none of us had any cash on us. they asked who had atm cards. we had all kind of raised our hands as we were laying down. >> and so, according to h.g., reginald carr forced them to drive him to atms to withdraw money, one at a time. they were wearing next to nothing. >> i asked him if he was going to shoot us. he said no. and i think i said, do you promise? and he said, yeah, i'm not going to shoot you. >> did that convince you? >> it did. i went back and as i got in the closet, brad and jason and aaron were still in there. and i said, i think we're going to be okay. >> as the night wore on, h.g. said she was raped by both jonathan and reginald carr and at one point she said she saw jonathan carr raping her friend heather.
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>> i walked in front of him over to jason's bathroom door where i opened the bathroom door and saw intruder number one raping heather. he shut the door in my face and said he wasn't done yet. >> h.g. said after three hours of terror, she watched as the carr brothers made a final walk through the condo marking items to be stolen later. >> they were mumbling something, and i'm not sure what they said except for i heard big screams and shortly thereafter we were taken out of the house. >> and then the final act. she says the brothers forced the men to get into a car trunk. h.g. testified the dashboard clock read 2:07 a.m. as the five nearly naked friends were being driven to the soccer field. coming up -- >> we were all screaming. there was a shot. there was another shot and another one. [ kate ] many women may not be properly absorbing
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i'm milissa rehberger. a short time ago spain's economic minister said the country asked the euro bankers for a bailout. spanish banks will need at least 50 billion. in syria, new attacks killed more than a dozen people. u.n. monitors are on the scene of a reported massacre. the u.n. found evidence offer who isk crimes. now back to "in cold blood." almost two years after a crime spree that left five people dead in wichita, kansas, jonathan and reginald carr are on trial. prosecutors say they are responsible for nine days of terror in december 2000 that ended with an execution-style killing in a soccer field.
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the one survivor of that attack, a woman the media was calling h.g., told the court a harrowing story in careful, deliberate detail. how the carr brothers robbed her, raped her and terrorized her. then she described their final horrific act. she said it was 2:07 a.m. when the brothers drove the five nearly naked friends to the deserted soccer field. once there, h.g. said, the brothers forced the men from the trunk and ordered them to line up. >> they kneeled in front of the car, at which time i turned to heather and said, "oh, my god, they're going to shoot us." >> almost immediately the women were told to join the men and kneel. heather beside her friend, aaron, h.g. beside her boyfriend, jason. >> as i was kneeling, there was a shot. we were all screaming, but i can remember hearing aaron say please, no. he used the word "sir."
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there was another shot and another one. and another one and then everything just kind of went gray as i was shot. i felt the impact on the back of my head but didn't actually fall forward. >> a boot kick in the back pushed her over, face first into the snow. the killers thought she was dead, but perhaps to make sure, they ran over her with jason's truck as they left. >> i heard it stop. i didn't know if they were coming back to run over me again or to run over anyone else. then i heard it go forward and leave. >> the snow cushioned her body as the truck rolled over her. h.g. waited until she couldn't see headlights anymore and checked to see if her friends were alive. >> i went to jason. i rolled him over.
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he had blood coming out of one of his eyes. and then i went over to brad to see if he was still alive. and at that point, after looking at aaron and heather, i decided that i needed to go and to get help. >> wearing nothing, not even shoes, h.g. ran more than a mile through the snowy fields and across a highway, determined that her attackers would not escape. it was the beginning of a two-year odyssey that brought her and the carr brothers face to face in this wichita courtroom. what do you think it is or it was about her that made her act that way under those conditions? >> she just had the sheer will to survive. she wanted to let other people know what they had done to her friends. i mean it was this incredible
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mission of mercy. she ran over a mile, falling down in the snow when she'd see a car come by. blood in the snow. you could track where she had been. >> the prosecution's case took another two and a half weeks, documenting not only h.g.'s account of the soccer field massacre, but also the stories of andy schreiber and ann walenta. >> this is a package that contains the cartridge casing at that was collected from the area of 43rd street and -- >> firearms experts explained how telltale markings on the recovered bullets and shell casings connected all three cases. >> when you compared the bullet from aaron sander to the bullet that was taken from ms. walenta's vehicle, what did you find? >> the conclusion was drawn that they were fired from the same firearm. >> the prosecutors brought to court stolen property, including tvs, computers, the diamond engagement ring. they even had atm receipts and bags of cash, all of it in the
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carr brothers' possession when they were arrested. prosecutors painstakingly traced each item back to the victims. >> ms. muller, are you related to heather muller, who we've been talking about in court the past days? >> yes. >> can you tell us what that relationship is? >> she's my sister. >> the relationship with you and with heather, was it such that you knew each other's clothing? >> heather was my best friend. i know everything about her. we shared clothing. everything that's hers is mine. everything that's mine is hers. >> i'm going to show you what's been marked for identification purposes as state's exhibit 250. can you identify this item. >> that's heather's sweater. >> the prosecution called experts who testified that the dna of both brothers was found on the two women and that heather muller's blood was on the clothes the brothers were wearing. >> did you obtain a statistical frequency that -- the chances of this being a match with heather
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muller? >> yes. the estimated frequency of the dna profile obtained from 68f in the caucasian population is 1 in 6 quadrillion. >> it seemed an overwhelming case, but the defense had another version of what happened that night, a night that had become known as the wichita horror. coming up, the defense makes its case and the tormented jury makes its decision. >> whatever emotions we had, it just came out. >> i think all of us cried. if you are one of the millions of men
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robbery and torture she and her friends endured and finally the brutal shooting. the bullet meant to kill h.g. incredibly was somehow deflected by the plastic hair clip she was wearing. now the defense responds to her powerful testimony. attorney val wachtel says he was as shaken as everybody else by the soccer field killings. >> i live a block and a half away in birchwood. >> but days after the carr brothers were arrested and charged for a night of crime that began at the condo on berkwood, wachtel became reginald carr's court appointed lawyer. >> it's not like you clap your hands with glee. but it's an oath you took, so you do it. >> because the case had become a sensational story in wichita, wachtel tried to get the trial moved to another location. >> given the press coverage, it was clear to me that this was going to be some sort of media-saturated case from
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beginning to end. and it was. >> even though polls showed three out of four people in wichita already believe the brothers to be guilty, the court denied a defense request for a change of venue as well as a request to have the brothers tried separately. >> jonathan carr was defended by a group of topeka lawyers who specialize in death penalty cases. from the outset, the defense wanted the jury to look past the mountain of evidence presented by the prosecution. >> my role today in this brief opening remark is to let you, the jury know, how jonathan carr is innocent of many of these charges. >> combined the brothers faced 113 criminal charges ranging from cruelty to animals to sexual assault to multiple counts of murder. crimes that carried the death penalty. >> because some counts may be proven against one defendant does not mean that all counts will be proven beyond a reasonable doubt against both
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defendants. >> and it became clear that the defense strategy was to point the finger at the other brother. jonathan carr's lawyer argued that neither andy schreiber, the carjack victim or ann walenta who survived long enough to talk to police, identified him as the second assailant and no physical evidence connected him to either crime. >> the only evidence connecting jonathan carr is the simple fact that he is the brother of the co-defendant reginald carr. only guilt by association. >> jonathan carr's lawyers called no witnesses. their only evidence, an unused train ticket to cleveland, ohio, good for the night of the murders. >> he was actually supposed to leave very early during the morning hours of december 15th, 2000. he was supposed to board an amtrak train out of newton,
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kansas. >> the train ticket, jonathan carr's lawyers argued, proved he never intended to rob or kill anyone that night but that his brother had somehow roped him into it. but val wachtel, reginald carr's attorney, told jurors his client had nothing to do with the crimes, that jonathan carr was the guilty one. >> jonathan carr committed most, if not all, of the crimes which are alleged in this complaint. and that he did it with a third black male who still walks the streets of wichita. >> your honor, i object to those comments. >> sustained. improper comments. >> sorry, your honor. i've concluded. thank you very much. >> it was the legal version of a hail mary pass, dredging up a third mystery man to create reasonable doubt. with the jury out of the room, the prosecution challenged reginald carr's attorney to produce the name of that third man so police could go arrest them. that was the last the jury would hear about a mystery accomplice. reginald carr's lawyers next probe for inconsistencies in the prosecution's case, challenging h.g.'s ability to identify
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reginald carr. >> do you recall telling the detective, i never really got a look at his face because he kept it pretty much hidden? >> i don't know if those were my exact words or not. >> val wachtel argued that h.g. was not credible because she had been unable to make a positive identification of reginald carr at a preliminary hearing a few months before. >> as you look at mr. reginald carr sitting here today, does he look to you substantially the same as he did at the preliminary hearing? >> he's more shaven right now. >> when you were asked to identify reginald carr at the preliminary hearing, were you able to see his eyes? >> he had on glasses. >> are you able to see his eyes now? >> you can, but glasses are there again. >> are his eyes substantially the same as they were at the preliminary hearing? >> yes.
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>> the cross-examination failed to shake her story. and after three days, the defense rested and the case went to a jury of seven men and five women. five of the jurors spoke with us, including a woodworker, an accountant, a computer systems analyst, a heavy equipment operator and a former credit card company employee. >> we were in there to get the job done and it was important that we do it, you know, right. we wanted to come out of there with a verdict. >> they said the first hours of deliberation were marked by outrage and shock. >> whatever emotions we had, it just came out. >> it's horrible to imagine what they had to go through and now what their families are going to have to go through. >> what did you think of the defense case? >> i think they tried their best. i just think the prosecution had so much, they didn't really give them a lot to work with. >> they left dna all over that house and they matched the gun
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to every single crime scene. you couldn't disregard that evidence. we used that during deliberations. >> when it came down to crucial charges of murder and rape, h.g.'s testimony was the turning point. >> her testimony was a major part of my decision on that. >> i think all of us cried. >> you tried to hide the tears? >> oh, very much so. i think we all did. >> even so, it was a lot of work, a lot of charges and two defendants. >> we discussed everything completely before we took any kind of vote. we -- basically we knew how people were going to vote before we took the vote. >> oddly, the jurors say the main debate came over one of the lesser charges, whether jonathan carr was the second gunman in the car with andy schreiber, the gunman schreiber never saw. >> did any of you think jonathan was there? >> i did.
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>> you did? >> i still do. >> i think we all did, but there was no evidence. that just drove me nuts. >> after 11 hours, they reached a decision. >> guilty of capital murder. >> guilty of the capital murder. >> guilty of the capital murder. >> guilty on all counts for reginald carr. his brother jonathan carr guilty of all but the carjacking of andy schreiber. >> reginald and jonathan were sitting there expressionless. they didn't show -- you know, they weren't upset by it. they weren't, you know, happy by it. reginald was sitting there putting chapstick on. that's how much it affected him. >> for more than six weeks, jurors said they had been hearing and seeing evidence that kept them awake at night. but the toughest task was yet to come, deciding if two men who killed so easily deserved the death penalty. coming up, a new picture of the carr brothers. >> polite, kind, warm, giving. >> will the jury spare their lives? when "in cold blood" continues. we're sitting on a bunch of shale gas.
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november 2002, the verdicts in the murder trials of reginald and jonathan carr are in. >> guilty of the capital murder. guilty of the capital murder. >> both brothers had been found guilty on five counts of murder. for six long weeks, jurors had wrestled with this case with evidence they said they found very upsetting. but the most difficult decisions were yet to come. should the carr brothers be sentenced to death? the prosecution had produced a mountain of evidence to convict the carr brothers. now it believed the case had already been made for the death penalty. >> the law is that in the state of kansas, if you commit a capital offense and if the aggravating factors outweigh the mitigating factors, then the
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sentence shall be death. >> then it was the defense's turn to make the case that the brothers did not deserve to die. >> we're going to bring some evidence in front of you to try to explain what has happened to reginald and jonathan carr, what has taken them from the place they were when they were children to the place they were on that night of december the 15th of the year 2000. >> the defense called witnesses who testified that the carrs were not the monsters they had been made out to be. jonathan carr used to work for juanita culver's husband. >> what can you tell us about jonathan? >> i thought he was probably one of the nicest, polite, kind, warm, giving, always -- he was the epitome of the finest young man you could find. >> reginald carr's wife, mandy, who did not want to be photographed, said he wrote poetry for her and drew pictures for his children while in
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prison. >> yes. that's a picture that reggie drew. >> who did he draw it for? >> i think that one was for anthony. >> and it's signed in some fashion? >> yes. it says, love daddy. >> relatives of the carrs testified that mental illness ran in the family and defense experts told the court that as children the brothers had been neglected and abused by their parents, that they were psychologically scarred. >> hopeless, helpless, homeless, hungry and hugless. >> a medical expert who didn't wish to have his face shown was brought by the defense to testify how blows to the head the brothers had suffered as children might have caused brain damage. >> these regions of the brain which you found to be abnormal, what do they control again? >> short-term memory and assigning risk to events in
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situations. >> the prosecutor, nola foulston, attacked that testimony on cross-examination. >> you cannot look at those scans and tell where the cruelty part of the brain is, can you? >> no. >> you can't tell where the rape part of the brain is, can you? >> no. >> and, doctor, if i had a p.e.t. scan and you looked at it, you wouldn't be able to tell what was on my mind either, would you? >> no, not with current technology. >> as for the character witnesses who spoke fondly of either brother, the prosecutor had but one line of questioning. >> can you see those people? >> uh-huh. >> and they're dead? >> uh-huh. >> does that look like the work of a very nice, polite, kind, giving, warm, epitome of a finest man to do this? >> no, it doesn't. >> in summation the defense asked the jury to show mercy to the brothers who had had a difficult life. >> you get to have the opportunity to extend mercy to
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another human being, and a human being that couldn't extend that mercy to another. >> there's good in this young man. i know we're here because he's done a horrible thing. but there's good in him. >> but in her closing statement to the jury, the prosecutor insisted that no one deserved the death penalty more than reginald and jonathan carr. >> ladies and gentlemen of the jury, i ask you to show jonathan and reginald carr the same mercy that they showed to jason befort and heather muller and brad heyka and aaron sander. no mercy. >> once again, the jury withdrew to deliberate. >> how much did you agonize? >> that's the ultimate decision any person could make on someone's life. i didn't take it lightly. >> we have to have that weight on our shoulders for the rest of our lives, and i don't think anyone that would know what that felt like unless you had been through the situation.
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>> the jurors were unmoved by the testimony about the brothers' difficult childhood. >> we're accountable for the choices that we make in this life. >> there's a lot of kids that go through a lot worse things that they went through and they're not out killing people. >> then, on november 14th, 2002, exactly 23 months after the carr brothers had knocked on that condominium door, the vote. >> i'll approve the verdict as to form. ms. marcus, publish the verdict, please, ma'am. >> at 5:30 in the afternoon the jury filed into the packed courtroom. >> i just remember my heart was pounding. that's all i could hear, was my heart just pounding. >> we find that the proper sentence for reginald d. carr jr. is death. we find the that the proper sentence for jonathan d. carr is death. >> i mean, it was emotional. in my mind, i've just killed two men. that's all i can think about. >> the next morning before formal sentencing by the judge, the victim's families stood off camera and addressed the court.
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>> the last two years have been tormented, not only for the loss of our son, but always having to be reminded that justice has to be served. >> then the survivor, as hardened prosecutors wept, h.g. talked about her life and the night it was changed forever. >> every day there's a memory or a scar that reminds me of that night. while reginald and jonathan get to sleep peacefully in jail, i wake up in sweats from my nightmares. i pace at night because of noises that i think are somebody breaking into my house. and every morning i carefully blow dry my hair to cover up the spot that can no longer grow hair. i look at my knees and see the scars from the carpet burns that i got from the rape.
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>> she said she will never forget, but she's determined to carry on and determined that her friends will not be forgotten. >> i had no choice in what reginald and jonathan carr did that night. and i wasn't given the choice to save brad or aaron or heather or jason. i had a choice to lie there and die or to get up and live. i chose to live, and i will still choose to live. >> the carr brothers were sentenced to death. they are now on death row at el dorado penitentiary in kansas, awaiting a lengthy appeals process. both brothers are separated from the general population and only allowed to have visitors by video. and the young woman identified as h.g. has left wichita to build a new life somewhere else and she has since gotten married.
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