Skip to main content

tv   Dateline  MSNBC  February 10, 2019 2:00am-3:01am PST

2:00 am
with uncontrolled modor atopic dermatitis,a, you never know how your skin will look. and it can feel like no matter what you do, you're always itching. but even though you see and feel eczema on your skin, an overly sensitive immune system deep within your skin could be the cause. so help heal your skin from within. with dupixent. dupixent is not a steroid, and it continuously treats your eczema even when you can't see it. at 16 weeks, more than 1 in 3 patients saw clear or almost clear skin, and patients saw a significant reduction in itch. do not use if you are allergic to dupixent. serious allergic reactions can occur, including anaphylaxis, a severe reaction. tell your doctor if you have new or worsening eye problems, including eye pain or changes in vision. if you are taking asthma medicines, do not change or stop your asthma medicine without talking to your doctor. help heal your skin from within. ask your eczema specialist about dupixent.
2:01 am
♪ 'cos i know what it means ♪ to walk along the lonely street of dreams ♪ ♪ here i go again on my--- you realize your vows are a whitesnake song? i do. if you ride, you get it. geico motorcycle. 15 minutes could save you 15% or more. at walgreens, we know how strong you are, ♪ but we also know how tough it is to keep up with your medication. that's why we're introducing a new and easy way... ...to refill, prepay and skip the line... ...or have your prescriptions delivered. so you never miss a day. walgreens. trusted since 1901.
2:02 am
the cold and flu fightings. machine. you put in your machine. press the button to brew up powerful relief. to defeat your toughest cold and flu symptoms fast. new theraflu powerpods. press. sip. relief. seven years after the mysterious death of cory lovelace -- >> i just remember crying and not believing it. >> police have reopened the case. >> we missed something here. >> her husband, curtis, who remarried twice, is the prime suspect. returning, now, to "mystery on the mississippi." he had seen plenty of videos.
2:03 am
>> anything you say can and will be used against you in a court of law. you're a lawyer. and the number one rule is you don't talk to the police without having a lawyer present. but you talk. >> i talk. i wanted to answer their questions. i thought they wanted to know the truth. she indicated she didn't feel well. >> reporter: on that valentine's morning, curtis said that corey was nursing that cold or flu. >> she climbed into bed. >> reporter: he described leaving the house, only to come home to find his wife dead in their bedroom. >> she was cold and stiff. i just recall her hands being out or something like that. >> reporter: and yet many other details surrounding his wife's death seemed to elude curtis. >> i don't remember anything significant about the night
2:04 am
before. >> you said the two of you went to bed together? >> yeah, i -- i believe we did. you know, it's been a long time. i guess it's possible i would have left, slept on a couch or something. >> you said you took the kids to school? >> again, i believe i did. it's been so long. >> ironically he didn't remember a whole lot about that day. >> reporter: couldn't even remember whether he in fact, took the kids to school that day? >> right. i just would have thought that finding your wife dead in bed would have left more of an impression on ya. >> reporter: to the detective, curtis was trying to look helpful without really being so. gibson cut to the chase. >> did you smother cory with a pillow? >> no, i did not. >> reporter: did you and cory have a bad argument, curt? did it get out of hand? did you snap and then put a pillow over her nose and mouth and suffocate her? >> no.
2:05 am
no, i -- there -- there were no bad arguments the night before. it's exactly what -- what i've told detective baird and what i told detective gibson in 2014, and what i'm telling you now. that -- that is what happened. she was sick and i came home and i found her that morning. and she was dead in bed. >> reporter: it was clear the detective's strategy hadn't yielded what he wanted, a confession. >> i have a problem with you not remembering all of these things. >> reporter: the lawyer's goal of talking his way out of trouble hadn't exactly worked, either. even after he agreed, curtis says, to take a lie detector test. in a short time, he was swapping out his buttoned downed shirt and leather loafers for a very different courthouse look. jail house black and white stripes. so, you went into your mom's room. >> yeah. >> she was in bed. >> i would wake up every morning
2:06 am
and go in her room and watch our show. >> you know what time it is? >> no. >> they saw her mother alive that day. >> she couldn't be dead upstairs. >> right. >> when "dateline" continues. >> when "dateline" continues e. just take some pics. [picture noises] go to sleep. wake up. grab a bite. maybe some racquetball. and boom - your money's on the way so you can get back on the road fast. well, not that fast. the editor had to make it fit in 30 seconds. it's pretty tricky actually trying to ... and ... tagline. when insurance is simple, it's surprisingly painless.
2:07 am
2:08 am
when insurance is simple, unstopand it's strengthenedting place, the by xfi pods,gateway. which plug in to extend the wifi even farther, past anything that stands in its way. ...well almost anything. leave no room behind with xfi pods. simple. easy. awesome. click or visit a retail store today.
2:09 am
curtis lovelace could not believe how his world had fallen apart. one minute he was quincy's fair haired boy, the next, he was being interrogated by police for killing his first wife, cory. >> on my side of the bed when i found her dead. >> reporter: meanwhile, christine was in a panic for two reasons. her husband had just been arrested and now she was looking for her sons. >> i found out that all three boys were at the police station. >> reporter: the boys were down there? >> they had been taken out of school and held in isolation earlier in the day. >> reporter: they were just 17,
2:10 am
15 and 12 years old at the time. all alone at the police headquarters. once christine found out they were there, she rushed to the station. what were the kids told? what'd they think was going on? >> they actually thought that something had happened to me. >> i walked into the room and they got up and they all -- um -- were very scared and um -- they hugged me and i told them everything would be okay. we'll figure this out. >> reporter: detective gibson had rounded up the boys because he was looking for more information. >> i'm looking into the death of your mom from 2006. okay? >> uh-mm. >> reporter: the detective started to question them about the last days of their mother's life.
2:11 am
>> so you went into your mom's room. >> yeah. >> and she was in bed. >> year, we would wake up every morning and then i would go into the room and watch our show. >> do you know what time that was? >> no. >> reporter: larson the youngest son was not interviewed by police back in 2006 because he was only 4 years old. now, he was telling detective gibson he wasn't sure if his mother was alive that morning. he said he only remembered getting out of bed and going to his mom's room. but she didn't answer him. >> i just remember like going into the room and then she wouldn't wake up and i think it was valentine's day. >> uh huh. >> yeah, dad was gone, came back and i told him, yeah that she was not waking up. >> reporter: but the two older boys said they did remember seeing their mom that morning. this is lincoln, the middle boy. >> i just remember like waking up and like -- i remember her not feeling good and i was sitting on the stairs and then i went to school. i think i remember saying i love you before we left but that's pretty much it. >> reporter: logan, the eldest son, said he knew for certain that his mom was alive that february 14th. >> she was sitting on the steps, like, ready for us to leave the house.
2:12 am
>> reporter: christine was still trying to find her husband. she didn't know he had been transferred to a different jail. eventually, he called. >> he told me everything would be okay. and that we were gonna have to -- to fight some things. >> reporter: christine was a wreck. her husband was in jail and she was dumbfounded as to why the police had taken the boys out of school and then interviewed them without parental permission. she felt better about this, though -- the two oldest boys backed their dad's story they had seen their mom, cory, alive valentine's day morning, just like curtis said. >> they saw their mother alive that day. the -- >> reporter: that's the gist of their story. yes, i saw her alive that morning -- >> yes. >> reporter: when dad took us to school. >> uh-huh. >> reporter: so there-- >> it was valentine's day.
2:13 am
>> reporter: so therefore she couldn't have been dead upstairs and -- >> right. >> reporter: dying and rigor mortis setting in. >> right. >> reporter: because we saw her alive. >> uh-huh yes. >> reporter: the boys' sister lyndsay, had also told police two separate times her mom was alive that morning, had seen her off to school on valentine's day. >> she was standing in the front hall like marching us out the door like she always did. >> reporter: on the day of her father's arrest, lyndsay was away at college when she had an emotional talk with her brothers. >> talked to 'em on the phone the day he got arrested. and they passed the phone around and they were sobbing 'cause they were scared. hold on. hold on. and they asked me to come home, and that was the last thing i ever said to them -- like, ever talked to them. >> reporter: that's when another tragedy unfolded within the lovelace family. around the time of curtis' arrest his relationship with his daughter once again deteriorated. the family doesn't want to get into details but soon lyndsay found herself cut off from her brothers, too. >> i had been shut out, completely shut out. >> reporter: well, you knew the charge against your father and the theory of the crime -- that he had put a pillow over your mother's nose and smothered her. that's a stark image to deal with. >> it's something i didn't ponder, and i chose not to
2:14 am
ponder. >> reporter: though a jury would soon be pondering curtis' guilt or innocence. in august 2014, the 45-year-old former assistant state's attorney found himself standing in a courtroom. this time as a defendant at his own arraignment. >> having to appear in a courtroom that i had served as a prosecutor, and dressed in -- in stripes and -- and having my -- my hands and my feet shackled. those were some really some low times. >> reporter: married just eight months wife number three's commitment "for better or for worse" was immediately put to the test. >> my husband, who is kind and caring and compassionate is charged with something so heinous that it makes no sense. >> reporter: if convicted, curtis lovelace could spend the rest of his life in prison for
2:15 am
the murder of his wife, cory. as if that weren't enough stress, his daughter, lyndsay, was about to drop a bombshell. coming up -- a daughter's difficult decision. >> i don't know what's in lyndsay's head and in her heart. one day she was happy then everything changed. >> and a mother recounts what she says was curtis' bizarre behavior the day her daughter died. >> i open the door and he hands me larson. >> and says? >> "oh, and by the way, cory's dead." >> when "dateline" continues. the more that we can strengthen and re-harden that tooth surface, the whiter their patients' teeth are going to be. dentists are going to really want to recommend pronamel strong and bright. it's going to give their patients whiter teeth. recommend pronamel strong and bright. zooka had digestive problems and wouldn't eat., then i fed him freshpet. ♪
2:16 am
i must admit. i had a few good tricks to help hide my bladder leak pad. like the old "tunic tug". you know it, right? but i don't have to, with always discreet. i couldn't believe the difference. it's less bulky. and it really protects. watch this. the super absorbent core turns liquid and odor to gel, and locks it away. so i have nothing to hide. always discreet. for bladder leaks.
2:17 am
audible members know listening has the power to change us make us better parents, better leaders, better people. and there's no better place to listen than audible. with audible you get a credit good for any audiobook and exclusive fitness and wellness programs. and now, you'll also get two audible originals: titles exclusively produced for audible. automatically roll your credits over to the next month if you don't use them, and if you don't like a book just swap it for free. enjoy 100% ad free listening in the car, on your phone or any connected device. and when you switch a device pick up right where you left off. with our commitment free guarantee, there's never been a better time to start listening to audible. the most inspiring minds, the most compelling stories, the best place to listen. to start your free 30-day trial, text listen27 to 500500 today. ♪
2:18 am
i'm dara brown, with the hour's top stories. senator amy klobuchar is going to join the presidential race for 2020. she would join a crowded field of presidential contenders. a winter storm hits washington state, cancelling flights in seattle. the storm remains in effect
2:19 am
after grocery store shelves were cleared out and workers left early on friday. now, back to "dateline." curtis lovelace was the hometown hero. now his face was plastered on the front pages of quincy's newspaper as an accused murderer. >> we're relying on scientific -- >> reporter: the media, including our quincy nbc affiliate, were all over the story, covering nearly every second of his fall from grace. >> he's accused of killing his first wife -- >> reporter: this former prosecutor would himself be prosecuted by ed parkinson. >> you can't get around rigor mortis in my opinion, and make sense of this case. and the timeline doesn't make sense with curtis lovelace. >> reporter: in january 2016, nearly a decade after cory lovelace's death, curtis arrived for the first day of his trial. he faced 20 to 60 years in prison upon conviction for
2:20 am
first-degree murder. he pleaded not guilty. cameras were not allowed in the courtroom. >> it's clear to me -- it didn't matter what i did. as far as the prosecution was concerned. their only concern was that they needed to create a crime and they needed for me to look bad in order to do that. >> reporter: curtis didn't necessarily need prosecutors help to look bad. some of his own actions the day cory died were at the very at least unusual. including never calling 911. he called who? >> his boss. >> reporter: his wife is dead in the bed? >> yes. >> reporter: and he calls his boss? >> yeah. and -- said, "my wife is dead." so his boss, said, "well, would you like me to call the ambulance people?" "yes. would you do that?" >> reporter: cory's mom, marty didriksen, who lived just a few houses away, testified that curtis broke the news of her daughter's death in what she thought was the most callous way. there was a knock at her door and curtis was standing there with 4-year-old larson. >> i open the door and he hands me larson. >> reporter: and says? >> "oh, and by the way, cory's
2:21 am
dead." and leaves. >> reporter: marty, i've gotta say, i think that's very strange. take your grandson and, by the way, your daughter's dead. >> he was emotionless, let's put it that way. people who saw him that day claimed that he was without emotion. curtis also knew cpr. and yet, he never tried to revive his wife. on the day, why didn't you do cpr? >> i don't know. i don't know why i didn't do cpr. i don't know why i -- i didn't call 911. in looking back -- i -- saw my wife, cory -- dead. and i didn't know how to react. >> reporter: prosecutor parkinson next went after the first police investigation. pushing hard against detective baird who handled the case. he questioned if baird gave curtis who was then an assistant state's attorney, preferential treatment.
2:22 am
>> he was a prosecutor. they were the police. he gave 'em a story that he -- how it happened. they bought into it. after all, he's one of us. >> reporter: so maybe tougher questions didn't get asked. >> i think so. >> reporter: neighbors testified the lovelace household was sometimes a stormy one. and that, parkinson suggested to jurors, is the backdrop of cory's death. >> they fought all the time. it was a rocky marriage with lots of -- arguments going both ways. and it got out of control. and -- maybe the evidence indicates that placing a pillow, over one's face to make them stop yelling at me. maybe in her weakened state, if she was -- had flu-like symptoms, maybe it went too far. >> reporter: the state's theory, remember, is the force of the pillow caused that cut and abrasion on the outside and inside of cory's lip. the prosecutor then implied the pillow was placed under her arms after she died and later removed.
2:23 am
>> if you leave it there through the night, and while rigor mortis is setting in, and then if a person is thinking, "oh, my god. what did i do?" and, "oh, there's that pillow in her -- i'm going to get rid of that pillow," then the arms are already up. >> reporter: and you think that's what happened? >> yes. >> reporter: but then came, perhaps, the most anticipated testimony for the prosecution. lyndsay, curtis' own daughter, took the stand. two times, over a span of eight years, she told police her mother was alive that morning. >> she said she had felt better. >> reporter: but on the stand, with her dad's life on the line, she changed her story. telling jurors she was no longer sure her mom was alive that day. >> don't remember any of it. >> reporter: but it doesn't stick in your memory? >> nope. >> reporter: and yet, detective baird's notes, you do tell him the story about seeing your mother. and then with the videotaped interview with -- detective gibson, you seem quite clear about that morning, and yes, you saw her and went off to school. what had happened in the interim between your statement and going
2:24 am
into trial, on the stand, and then kind of stepping back from all of that? >> it was the fact of no one had honestly asked me, sincerely, what had happened that day. and i had never taken time to actually think about it. >> reporter: well, detective gibson did, a couple of years before, when he took your statement, right? >> but it -- again, i didn't know why he was askin' me. i didn't know what was going on. and i gave the story i always gave. so when i had to sit there and think about it, i had to be honest with myself. and it wasn't the answer i wanted. i wish i could say -- i really do wish i could say, yes, i remember her, or, no, i know i didn't see her. >> reporter: but you cannot say that? >> but i cannot say that. >> reporter: and this is not you getting back at your dad who you're very sideways with, at this point? >> no, because it hurts my -- >> reporter: he needs that story and you're not gonna give it to him? >> no, because it hurts my brothers, too -- for me not to honestly say, yes, i saw her. but i'm gonna say what i can remember, which is nothing. it's a black hole. it's a traumatizing event. and when kids go through traumatizing events, they block things out. and losing my mother was the worst day of my life. >> reporter: how are we to
2:25 am
understand what's going on with -- with lyndsay, christine, because she has told the story that -- she, like her brothers, remembers seeing her mom alive, but then she backs away from it and says, "i think -- i can't remember really." >> i don't know what's in lyndsay's head and in her heart. one day she was happy and then everything changed. >> reporter: the prosecution still had to explain why the two oldest boys were adamant their mom was alive that morning. parkinson told jurors there was a two-day gap between cory's death and the first police interviews with the kids. ample time he suggested, for the boys to be influenced by their dad. >> i think the children were confused as to which day. after all -- >> reporter: how about coached? do you think that he told him a story? >> he had custody of the children from the moment of her discovery until thursday afternoon. so from tuesday till thursday afternoon, i don't know what was said. >> reporter: dr. jane turner, the pathologist detective gibson hired to review the case, took the stand and said science is where the truth lies. she concluded the most reasonable explanation for cory's arms
2:26 am
appearing to levitate, is that cory was dead up to 12 hours before police arrived on the scene. >> i -- viewed this material and reviewed it with the eye of a scientist and -- and what we know about the development of rigor mortis. >> reporter: what would a jury believe, science, or the words from two of cory's own sons? cory's brother, a dentist, found himself struggling over the conflicting facts. >> science is my living -- you know, it's -- i have to believe in that, but i also have to, you know, believe in the family at the same time. so i'm completely torn. >> reporter: i've never seen a more difficult case, more closely argued. and there doesn't seem to be middle ground to -- >> there's -- there's none. >> reporter: parkinson urged the jury to focus on the science and one image. cory in her bed, her body in rigor mortis. he said it proved she'd died hours before curtis claimed. it proved he was lying. it proved, he argued, that curtis killed her. coming up --
2:27 am
the defense gets its turn and christine is feeling optimistic. >> i knew in my heart he was coming home. >> until -- >> christine came in. and they explained to her what was about to happen. >> when "dateline" continues. what matters to you? let's see. most of you say lower a1c. but only a few of you are thinking about your heart. fact is, even though it helps to manage a1c, type 2 diabetes still increases your risk of a fatal heart attack or stroke. jardiance is the first type 2 diabetes pill with a lifesaving cardiovascular benefit for adults who have type 2 diabetes and heart disease, jardiance significantly reduces the risk of dying from a cardiovascular event and lowers a1c, with diet and exercise. let's give it another try. jardiance can cause serious side effects including dehydration. this may cause you to feel dizzy, faint, or lightheaded, or weak upon standing. ketoacidosis is a serious side effect that may be fatal. symptoms include nausea, vomiting, stomach pain,
2:28 am
tiredness, and trouble breathing. a rare but life-threatening bacterial infection in the skin of the genital area could also occur. stop taking jardiance and call your doctor right away if you have symptoms of this bacterial infection, ketoacidosis or an allergic reaction. symptoms of an allergic reaction include rash, swelling, and difficulty breathing or swallowing. do not take jardiance if you are on dialysis or have severe kidney problems. other side effects are sudden kidney problems, genital yeast infections, increased bad cholesterol, and urinary tract infections, which may be serious. taking jardiance with a sulfonylurea or insulin may cause low blood sugar. tell your doctor about all the medicines you take and if you have any medical conditions. isn't it time to rethink your type 2 diabetes medication? ask your doctor about jardiance and get to the heart of what matters. remember when we all used to go to the cafeteria and just chow down midday? -you mean, like, lunch? -come on. voted "most likely to help people save $668 when they switch." -at this school? -didn't you get caught in the laminating machine? -ha. [ sighs ]
2:29 am
-"box, have a great summer. danielle." ooh. danielle, control yourself. i'd like to slow it down here with a special discount for a special girl. danielle, this one's for you. wiback pain can't win.t for a special girl. thankfully there's aleve back and muscle pain. aleve targets tough pain for up to 12 hours with just one pill. aleve back & muscle. all day strong. all day long.
2:30 am
have a skincare routine. but what about a lip care routine? pay your lips some attention. the chapstick total hydration collection. exfoliate nourish naturally enhance your lips. chapstick. put your lips first. the defense had a simple message for jurors -- curtis should not be on trial. that's because there was no crime and this was not a murder. it said the state's case was built on faulty science. >> i've stated repeatedly in this matter that there's no physical evidence to prove that he murdered his wife. >> reporter: veteran pathologist dr. george nichols created the office of medical examiner for the state of kentucky back in the 1970s. now, as a defense expert, he
2:31 am
told jurors rigor mortis is not an accurate indicator of time of death. and he added: where is the evidence cory fought for her life? there were no signs of struggle and only the cut and abrasion on her lip. >> you will fight until you no longer can. the thought that somehow you could suffocate someone with a pillow and there would be only one dental mark is ludicrous. >> reporter: detective baird testified that when he first arrived on the scene cory's stomach area was still warm. how is that possible, the defense asked, if she had died up to 12 hours earlier? if the body is warm to the touch, my common sense tells me, not science, that this is someone recently deceased. >> absolutely. >> reporter: is there an error in that assumption? >> no. >> reporter: as far as the prosecution's contention that curtis killed cory after a heated argument, the couple's oldest son testified he didn't hear anything like that the night before. and he should know, because his room was right next to his parents. it was even connected by an
2:32 am
extra door that was usually left slightly opened. >> she was all sick and i was like, "i'll stay home with you" and she wouldn't let me stay home. >> reporter: the two older boys, unlike their sister, stuck to the story they told police. >> did she ever get out of bed? >> yes, i think she did. >> reporter: if jurors believed them, it blew apart the prosecution's timeline that cory was murdered the night before. >> they said the same thing that they had told baird in 2006 and detective gibson in 2014. >> reporter: and the defense had its sights on detective gibson. they claimed in 2013, he was an over-eager, newly promoted detective- primarily assigned to work crimes against seniors. this was his first murder case. >> he transferred from k9 officer to elder service officer. and around the same time he went to a one-week course on being a lead detective in a homicide case. and he embarked on this investigation that that led to my indictment.
2:33 am
>> reporter: finally, the defense's medical expert concluded there was only one plausible explanation for cory's death. she had a history of drinking and falling and that caused that abrasion and cut. the bottom line -- she was an alcoholic and bulimic suffering from a liver disease, someone who unfortunately died of natural causes. >> she's not a normal 38-year-old woman. she has a significant disease of a major organ that is associated with sudden death and with liver failure. >> reporter: in the end, curtis decided not to take the stand. ten women and two men would decide lovelace's fate. the deliberations went on for two full days. then, christine got the call to come back to the courthouse. >> and i knew in my heart he was coming home. >> reporter: that was it. you were gonna prevail. >> he's coming home. yes. >> reporter: but once she arrived, bailiffs led her to a small law library. >> christine came in. and they explained to her for
2:34 am
the first time what was about to happen, that the judge would declare a mistrial. >> curt was sitting across. he said, "i'm not gonna be able to come home tonight," and -- and i lost all my air. it was terrible. >> reporter: the jury was hopelessly deadlocked. the vote six guilty, six not. curtis would face another trial. since he couldn't make bail, he'd remain in jail, unless -- >> a deal? a plea deal? >> they had offered a second-degree murder plea. but i knew it was a decision not only that i had to make, but we had to make as a family. and i didn't know whether i could put them through another year of what we had already gone
2:35 am
through. >> reporter: that's when one of curtis's lawyers turned to christine. >> he said this can all end right now if curt agrees to take this deal. he said it would keep him from dying in prison. >> reporter: but he'd have to admit his culpability, responsibility in cory's death. that's the condition, right? >> correct. and that he wouldn't have to spend probably any more than 13 years in prison. >> reporter: the two said "no thanks" to the state's offer and geared up for a second trial. but that forced them to face another dire reality -- they were totally broke, unable to afford another lawyer. >> what are we going to do? i mean, at that point, it -- there didn't appear to be any option. >> reporter: this could be a moment for christine to say, i'm out of here. i didn't sign on to be some tammy wynette for this guy, standin' by her man. i'm gone. >> yeah. and who -- who could -- who could blame her if she would
2:36 am
have done that? but that's not who she is. >> reporter: it looked as though curtis would have to use a public defender. but christine wouldn't accept that option. she worked her connections and eventually ended up here in chicago. >> she came to our office and told us her story. and i remember finding it compelling and certainly worth exploring further. >> reporter: jon loevy is not a criminal lawyer. he's a civil rights attorney by practice who also does pro bono work with the exoneration project. its aim -- overturn wrongful convictions. but curtis hadn't been convicted, at least not yet. still, loevy and co-counsel tara thompson decided to take the case. their services would be free. >> the main concern that i had in this case from the outset was really the lack of evidence. this didn't feel like a murder case from the beginning. >> reporter: with a new defense team in place, christine got working on her next goal, making bail to get her husband out of jail.
2:37 am
friends eventually put up the cash. almost two years after his arrest, curtis was released to his wife and sons. >> they greeted me at the hancock county jail. and i came home to a dog that i had never met. and for the first time, got to be back in my house and back in my home. >> reporter: but it wouldn't be home sweet home for long. while curtis and mrs. lovelace number three waited for the next trial of the alleged murder of mrs. lovelace number one, the judge ruled that mrs. lovelace number two could testify against her former husband. and what a story she had to tell. coming up -- erika, out of disguise, and on the stand. recounting what she says was a marriage from hell. >> he ripped my shirt. and then he let me go and he tried to grab me again and i kept on trying to fight him off.
2:38 am
>> when "dateline" continues. . but when i started seeing things, i didn't know what was happening... so i kept it in. he started believing things that weren't true. i knew something was wrong... but i didn't say a word. during the course of their disease around 50% of people with parkinson's may experience hallucinations or delusions. but now, doctors are prescribing nuplazid. the only fda approved medicine... proven to significantly reduce hallucinations and delusions related to parkinson's. don't take nuplazid if you are allergic to its ingredients. nuplazid can increase the risk of death in elderly people with dementia-related psychosis and is not for treating symptoms unrelated to parkinson's disease. nuplazid can cause changes in heart rhythm and should not be taken if you have certain abnormal heart rhythms or take other drugs that are known to cause changes in heart rhythm. tell your doctor about any changes in medicines you're taking. the most common side effects are swelling of the arms and legs and confusion. we spoke up and it made all the difference. ask your parkinson's specialist
2:39 am
about nuplazid. show your gut some love. only activia has billions of our live and active probiotics. a delicious way to enjoy probiotics every day. with 20 years of devotion to gut health. activia. like no other.
2:40 am
2:41 am
curtis lovelace was a local celebrity. or at least so infamous, according to his new defense team, that he couldn't get a fair trial in his hometown. a judge agreed. so trial number two was moved from quincy to springfield, illinois -- >> all rise. >> reporter: -- about two hours away. >> the defense is going to come up here and try to portray the defendant as a pillar of the community. that's a facade. >> reporter: david robinson would join ed parkinson for the prosecution. this time cameras were allowed in the courtroom when the trial started in march 2017. >> our houses were about 15 feet apart from each other. >> reporter: as in the first trial, neighbors testified they often heard arguing from the
2:42 am
lovelace home. this woman lived next door and says she heard shouting almost every day. >> essentially for the entire time that we lived there. so six years. >> as i walked by the house i heard an argument, a loud argument. >> reporter: another neighbor testified she heard cory and curtis really going at it and on a specific date, the night before valentine's day 2006. she happened to be out for a stroll. >> it actually -- i -- did cause me to pause. i guess i was listening to see if somebody was in distress. >> reporter: the prosecution's theory this go-round on how cory died remained the same. after a heated argument, the night before valentine's day, curtis suffocated his wife with a pillow in a fit of rage. he then waited up to 12 hours before police were called. >> come over here and have a seat please. >> reporter: and once again
2:43 am
science would play a leading role in the prosecution's case. but prosecutors had a new witness. a star forensic expert. >> i have also testified before the house of representatives. >> reporter: in a 64-year career, dr. werner spitz has consulted on the jfk and martin luther king assassinations, as well as in other high-profile cases including those of phil specter and casey anthony. >> the appearance of the injury leaves no doubt that this is not a healing wound. >> reporter: in a darkened courtroom, spitz showed photos and talked about that cut inside cory's mouth. curtis had told police his wife had fallen in the days before she died, his explanation for that injury. but this expert said he saw no signs the cut was an old one. >> there's no evidence of healing. so this looks like at the time it was incurred. >> reporter: the abrasion on the outside of the lip and the cut inside indicated to spitz that an object, like a pillow, had been placed on cory's face shortly before she died. >> this is not an accident, this is not a natural death, this is
2:44 am
not a suicide, this is a homicide. >> reporter: then came testimony the first jury never got to hear, and it was explosive. for this trial, the judge allowed erika gomez, wife number two, to testify. remember when we interviewed her, she wanted to protect her identity. but now on the witness stand, she could no longer be shielded by a disguise. >> he violently attacked me. >> reporter: prosecutors called the ex-wife to the stand to try to show that curtis had a history of violence. she recounted one incident she says happened at home during their marriage. >> he had started probably drinking at about 9:00 a.m. and we had been arguing about kids. he came rushing at me and tried to grab me. tried to hurt me. and grabbed my shirt, and he yanked it up really hard, hard enough to injure my knee. he ripped my shirt. and then he let me go, and he
2:45 am
tried to grab me again and i kept on trying to fight him off. >> reporter: then erika told the jury another shocking story. she said curtis had been drinking at a party. and later that night, he blurted out something she found disturbing. >> he's rarely honest except for when he's been drinking. and he was upset about something, and i asked him what he was upset about and he stated something about. "she was writhing underneath me" and then he said, "oh, the black cat." >> reporter: as strange as that story sounded, the prosecutor took it to mean this. curtis wasn't talking about a cat, but about cory's last minutes of life, as she struggled while curtis smothered her. erika had a story to tell. there's one particular quote that came out and he says, "i could hear her writhing beneath me." >> yes. that was evidence. she gave -- >> reporter: and it sounds as though he's talking about killing his wife at that moment. >> that's what we thought it
2:46 am
sounded like, and she testified to that under oath on the stand that "i could feel her writhing beneath me." and that's pretty much what would've happened if suffocation was occurring. >> reporter: the prosecution believed its evidence against curtis was overwhelming. not so fast, said the defense. that's because it had some things up its sleeve. a new piece of last-minute evidence. and what an interesting nugget they had found. coming up -- tough questions for erika. >> someone made that up. someone put those words in there my signature should be there, anybody can redo this. >> and bombshell testimony. >> did you know when you decided to pursue this investigation that the arms had been moved? >> i did not. >> when "dateline" continues.nus
2:47 am
these folks, they don't have time to go to the post office they have businesses to grow customers to care for lives to get home to they use stamps.com print discounted postage for any letter any package any time right from your computer all the amazing services of the post office only cheaper get our special tv offer a 4-week trial plus postage and a digital scale go to stamps.com/tv and never go to the post office again!
2:48 am
every insurance company tells you they can save you money. save up to 10% when you bundle with esurance. including me, esurance spokesperson dennis quaid. he's a pretty good spokesperson. ehhh. so when i say, "drivers who switched from geico to esurance saved an average of $412," you probably won't believe me. hey, actor lady whose scene was cut. hi. but you can believe this esurance employee, nancy abraham. seriously, send her an email and ask her yourself. no emails... no emails. when insurance is affordable, it's surprisingly painless.
2:49 am
this is moving day with the best in-home wifi experience and millions of wifi hotspots to help you stay connected. and this is moving day with reliable service appointments in a two-hour window so you're up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving... simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today. we told the judge we weren't going to talk.
2:50 am
>> curtis lovelace was putting his hands in the life of his new attorney who took on the defense for free, had more than 20 years of experience, just not in criminal law. trial? was this your first murder trial? >> it was. i did a battery criminal defense case right out of law case. other than that, this is basically my first criminal ot than that, this was my first criminal defense case. >> curtis was taking a huge gamble. on the other hand, since he was broke, he didn't have a lot of options. >> cory died of massive bruises. >> in his opening remarks they said they hadn't presented any evidence of murder for a reason. there was no murder. >> all of the medical evidence proves that she died as a result of an acute sudden onset of alcoholism. >> they had to debunk his ex. >> once we finished talking and i had taken my notes -- >> and one of the first defense witnesses was major larry holton
2:51 am
of the illinois national guard. >> i asked her if she wanted to make a formal sworn statement in writing. she said, yes, she would. >> erica had filed a domestic charge. the major testified as to what erica told him. >> she started backing up, she fell. then he went down to pick her up and when he did he said that he accidentally struck her. let me slow you down here. where did you get the word accidentally? >> that was her words. >> erica reported curtis accidentally hit her. she didn't mention anything about curtis ripping her shirt after conducting an investigation. he concluded her charges were unfounded. >> there was nothing there to actually lead to a domestic violence finding. >> armed with that information, the defense confronted erica in cross examination with her own statement but erica said the document used in court was fake. >> someone made that up. someone put those words in there.
2:52 am
my signature should be there. my signature is not there. this is typed. this isn't written. anybody can redo this. >> then the defense did something unusual. asked erica about other accusations she's made against curtis and she had a laundry list of complaints. >> he knows how to forge paperwork. he used my social security number to try and steal money out of my account. he knows how to get rid of evidence. he stole my daughter's bicycle out of the garage. >> at one point an overwhelmed erica asked for a time-out. >> can i get a break please? >> but erica wasn't folding. she blurted out another allegation in court against her ex. >> he was poisoning me. there was -- my hair was falling out. there were white lines on my fingers. i was extremely sick. >> erica claimed curtis had tried to poison her and her daughter. she told police he likely put something in their orange juice but according to the defense, there was a problem with that charge. erica had never sought medical
2:53 am
care. >> is it true, ma'am, that you never went to a doctor and said, i think i'm being poisoned. >> it wouldn't have mattered. >> when erica left the stand, what do you think the jury made of her? >> i think they were shocked that the state called her. the state thought they could score a point, but when she was subjected to cross examination, she wasn't a credible person. >> there was one other theme mulvey wanted to drill into the jury. adam had gone pathologist shopping. he consulted a series befoof pathologists before he found one. >> if my opinion is not what he wants, he's going to be going looking for somebody else. >> dr. boutise was one of the pathologists he asked. >> he had a theory and he was looking so hard to substantiate that theory. >> the original pathologist, the
2:54 am
original corner said there was unsufficient evidence for a homicide. there's nothing unusual here. you're barking up the wrong tree. >> then came more damaging accusations against detective gibson. the defense obtained important e-mails and other documents it was supposed to have received from the police but never did, potentially exculpatory evidence. >> you understood, didn't you? >> it was not something that i thought of, no. >> one e-mail was from a medical expert. he warned detective gibson that if the first pathologist left it as undetermined, that would trump anyone else's and that would give plenty of evidence. >> this should have been turned over? >> i believe so, yes. >> you didn't turn it over? >> i did not. >> the prosecution's case appeared to be teetering. >> hello, mr. ballard.
2:55 am
when he arrived he wanted to place ekg stickers on cory's body. her arms were down against her chest. i had to pull them up to check for a pulse. i checked for any rigor mortis and to also move her arms up to where i could place my stickers where i'm supposed to place them. >> he moved cory's arms before the police photos were to take them. that means they were not in the same position as seen in the photographs, the ones that started this entire second investigation. the defense seized on that fact. >> did you know when you decided to pursue this investigation that the arms had been moved? >> i did not. >> is this the first time you're hearing that as you sit here today? >> that the arms had been moved prior to the pictures, yes. >> because basically your investigation took off because you believed that the arms were in a position that was suspicious, right? >> yes. >> come up to be sworn. >> a final surprise.
2:56 am
for the first time, the defendant, curtis loaflace took the stand he insisted he wasn't a violent man. >> i did love cory and i know the kids loved her and it's been difficult. >> the defense wrapped up its questioning with an emotional curtis telling jurors of the enormous toll the two trials had taken on him and his family. >> how long have you and your family been living with this? >> it's been two and a half years. >> whenever you're ready. >> on cross examination the prosecution pointed out that a whole bunch of witnesses and facts in this trial would have to be wrong for curtis to be innocent. >> sounds to me like you're saying erica's lying, detective gibson is lying, marty's lying
2:57 am
and the science is lying. do you agree with that characterization? >> it's up to them to decide who is lying. >> after seven days of testimony, curtis loaflace's trial had come to an end. the jury began deliberations. remember the first panel was deadlocked 6 to 6. >> let me ask you this, have you reached a eye any mouse verdict? >> but this time they were out two hours. we find curtis t.lovelace not guilty. >> 2 and a half years later and two jury trials later, not guilty. >> two hour verdict, murder trial, what does that tell you? >> that tells me that they were absolutely convinced curt was innocent. >> that's not how prosecutor ed park kin son see it?
2:58 am
>> sometimes it works. i think my partner in the prosecution said you're looking at a guy you think might have gotten away with murder. i feel bad because i think we were right. >> while the legal consequences for curtis are over, the fallout from cory's death continues to paralyze the extended family. >> i don't know what to believe anymore. >> lindsay, now a teacher, remains estranged from her father but she hopes to salvage something despite all that's happened, a relationship with her brothers. >> i pray every day and hope that one day i'll get a call, a text, a message, an e-mail, something from one of them. >> cory's mom, marty. >> did you come to an opinion about what role, if any, he had in cory's death, curtis? >> i have kept my mouth shut for a long time and i'm going to keep it that way. >> curtis says the state offered increasingly attractive plea deals before the start of the second trial but he turned them all down. he has since filed an 11 count
2:59 am
lawsuit against the police and the city of quincy. the suit alleges malicious prosecution and argues curtis's kids were falsely imprisoned during those police interviews. representatives for the police in quincy said they had no comment. the family moved out of quincy and curtis opened a law office in champaign, illinois. >> a couple of requests that we go ahead and get -- >> and he and christine started an exoneration type organization. they say they want to help others wrongfully accused or convicted. >> christine, what happened to you guys in this whole thing, do you think? >> i don't be know what happened to us, dennis? we're still figuring this out. these kinds of things happen every day and now i think we have an obligation to share the story and help other people. >> your goal was to leave that courthouse an innocent man. >> yes. i believe looking in the eyes of that jury seeing, you know, tears from some of them how quickly that they came back that
3:00 am
they were declaring to . good morning, i'm phillip mena at msnbc world headquarters in new york. it's 6:00 in the east, 3:00 out west. here's what's happening. a new denial and a new promise. 2020 heating up. elizabeth warren throws her hat in the ring. amy cloe bu schaar not very far behind. funding the government. we're following three major stories developing this hour. virginia's

122 Views

info Stream Only

Uploaded by TV Archive on