on all counts, and given to life sentences. >> i felt relief. i instantly, relief that we got him. >> and beverley's family is working to make sure this does not happen to someone else's family. they started the beverley carter foundation, kherson travels the country training real estate agents about safety. >> it is a blessing for me, because i get to not only raise awareness, talk about safety, best practices. but i also use that as an opportunity to kind of slide in some great stories about my mom, and keep her alive. >> that's all for this edition of dateline, i'm craig melvin. thank you for watching. i'm craig melvin, and i'm natalie morales. >> this is dateline.

>> i learned that he was arrested. i was shocked. i was so confused. i didn't think it was real. >> in the rarefied world of the ivy league, he was the total package. a star student, gifted athlete, wildly popular. >> he's one of the nicest guys ever! >> no one could understand how a weekend visit to his parents house -- >> did you say you heard a shot? >> yes. >> ended in gunfire. >> he's already dead. >> who's already did? >> my husband. >> charlie told officers outside, he was gonna kill my mom, i had to do it. >> yes. >> a brave son protecting his mom. a harrowing story, but was it true? >> he seated behind a desk? >> yes. >> defenseless really. >> this seems to be an execution. >> was this campus hero actually a cold hard killer? >> defendants is an email to his returning to others, called

showtime? >> or was a true something completely different. >> one of the things that was always in question was, was charlie covering up for someone else. >> a trial or nothing went by the book. >> three of the jurors were crying really hard. >> they're turning around their seats, getting emotional. they see what's coming. he was becoming unhinged. ♪ ♪ ♪ >> welcome to dateline. charlie tan was an ivy league or with a bright future, but then charlie's dad was killed in the tan home and everything changed. police are being told one story, but the evidence was telling them another. there were also three 9-1-1 calls. did one of them hold a clue that would unlock what really happened on that wintry night?

here is denis murphy with house of secrets. ♪ ♪ ♪ >> cayuga, let's kaiyo go -- it's where your final one of the most competitive most prestigious universities in the nation. cornell, the ivy league big red. ♪ ♪ ♪ >> more than 13,000 underground 's working towards degrees -- medicine, the law, the arts. >> there's no doubt that a colonel education can be a gold plated entrance to adult life. and only the best still need apply. students like charlie tan. he was so kind, his high school class -- random acts of kindness, giving gifts to complete strangers. >> not just a great kid, but the greatest of great kids. >> he was the son of a chinese

ingham brand who became mr. everything in his high school years. scholar, athlete, class president. the guy with the cool friends. and a valentine -- to charlie and her other teenage pals. >> he such a nice guy, he was always happy and energetic. >> personality, the kind of guy who tell jokes? >> yeah he's, the one everybody knows and will walk in, and the room lights up. >> you think charlie town was another ivy league overachiever, poised for takeoff in great things to come. but that's not the story. >> it is about the trial eaten, keeper of secrets and quite possibly, something much worse. >> before that, charlie was as deserving a kid's -- >> he was really excited when he got admitted. that was awesome. >> ivy league. >> yeah, he was so excited. he was super happy. >> and the fall of 2013, charlie tan left his parents home near rochester new york

and drove the few hours to cornell. his exciting new chapter and a life already filled with early achievements. he pledged to fret, he wasn't big enough for cornell's varsity football team, so at 165 pounds, he was directed toward what they call, a sprint football team. >> and mentally the first day of freshman year. i had just got to my locker and charlie was one of the first people i met. >> quarterback -- >> he's one of the most encouraging people we had. he's a leader on the team, both by example and do his words. >> robin charlie became not just teammates, but great friends. >> he's one of the most generous and selfless people i've ever met. >> charlie impressed his teammates and his coach. terry cullen coach is the lighter weight players. >> good football player, quiet, always got a smile. never late. hard worker. good kid. solid. >> go back to the handsome house in the rochester suburbs, where charlie grew up in his teenage years. it's a place called pittsburgh,

new york. newspaper reporter knows it will. >> it's a very nice community, very picturesque. >> -- >> big houses, lawson -- lots of executives from kodak and xerox and lawyers. >> charlie was the younger of two boys. as parents, jim and jean, born in china, lived in canada before moving charlie and his brother to upstate new york. his dad ran a tech business that thrived. -- >> his friend, and, i had been there on occasion. >> i went over to his house, i didn't know his parents very well. i talked to his mom a couple times, but i didn't really have much conversation with them. >> little was known about his parents. and charlie didn't offer any details, if somebody asked. if he had secrets, sorrows, they were in for the outside world to know about. >> he's very good at keeping his emotions in. >> i have no idea with the home situation is like.

i didn't know before, i don't know now. >> other than a few 9-1-1 dispatchers and a few town officers, the wider community, the friends of charlie tan, certainly knew nothing about the whispers of domestic violence on classic -- >> he's a very stew akin to visual. it's a tough part of his life. >> the record is still sealed, but it's safe to say, the tan house was known to authorities. go back to cornell, it's the winter of 2015, and charlie is now a sophomore. on a chilly thursday morning, he stopped an unexpectedly to -- visit is football coached. there's a softer side to this coach that drills axes in those. his kids know he'll always be there for them. >> our role is, if you have a problem, will close the door. if you need someone to talk to, we're here. >> now it was truly who needed to shoulder. >> i said, how you doing? he said, good. i can make the lift on friday. i said, what's the problem? he said, i gotta go home. >> charlie seemed emotional.

clearly, something was eating at him. >> i asked him, if you want to talk about it -- he declined. he just said, he had to get home. >> it wasn't spring break. classes were in session, but charlie got in his car and started the drive to pittsburgh, 100 miles away. coach didn't know that charlie tan's life as a student at cornell would soon be over. >> you don't worry about charlie. he's -- got his act together. he knows what he's doing. >> only charlie tan wasn't it all okay. it's snow that night. a muffling blanket, covering the home, was something awful was about to happen. >> why did charlie need to rush home? the first son of trouble came from a friends mom, who called 9-1-1. >> coming up, -- >> he didn't give us the last details. i'm just worried that he might do something. >> when dateline continues.

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and made the hundred mile trip home on a thursday. his foot fall courts knew that he had been upset. >> i asked him to call me when you get home. just so i knew he was okay. >> and that very evening, back in pittsburgh new york. he spent time at an old friends house where he seemed to his pal, deeply despondent, sad, possibly distressed. not the charlie he known as a child. they were so concerned that

they called 9-1-1. was charlie suicidal? >> he didn't give us a lot of details. i'm just worried that he might do something at his house. i don't know if anything is going to happen but i, i just can't take a chance. >> all right i'm and i have to have them go to the house and check on him. >> and a deputy did just that. the deputy steve of the sheriff's office. >> he said he was upset over some things. he had come home to talk to some people. and that he was just working out some things and he would be okay. >> it was now late thursday night. almost the weekend. charlie did not go back to school friday morning. and come monday, he was not at

practice. >> there was nothing much i could do but text him anyway. he did not respond. >> and then, it was monday night. something awful. >> 9-1-1 center. what is the address of the emergency? >> yes. hi. >> the caller, so distraught. to the dispatcher. >> my name is jeanne ten. i just, i heard an argument and my, my son was, talking to my husband. >> ma'am i cannot understand anything you are saying. does anyone -- >> it was gene tan. charlie's mother. >> you said you heard a shot? >> yes. >> does somebody in the house have a gun? >> now the garbled story was coming into focus. shots fired! the husband, the man of the house was dead. >> he's already dead. >> who's already dead? >> my husband. >> your who?

>> my husband. >> are you in a safe spot? >> yes. >> we need you to wait outside of the house, for the police officers safety. >> detective was soon on the route. he still only had a garbled account from that 9-1-1 shot. who had shot whom? >> he's trying to protect me. >> your son is trying to protect you? >> yes. >> it looked like it was what we would call, a domestic

murder. something that had just occurred. >> on arrival, the first deputies at the scene saw a young man who had turned out to be 19 year old charlie tan, standing in the driveway with his mother. >> you are outside of the house? >> outside of the house. a safety thing for the deputy, no reason to go in. let those people come out. >> we asked, who was in the house? >> in the next moment. the deputies tell -- he had to shoot him, he said, to save his mother. he use the shotgun. >> he said, my dad is in there. he is dead. i had to do it.

>> his father was shot because his feels his mom is in jeopardy. >> yes. >> it was a frigid night. the deputy put the son and mother in the control car. >> we asked him where the shotgun was. there was some mention of it being in the garage. >> after securing the weapon, they made the way in the home. on the second floor, in the home office. they found the victim. >> the husband, the father is behind the desk? >> he is behind the desk. and spent gunshot shells are in the door area. >> the detective would quickly learn more about jim tan, father, husband, businessman. >> he owned his own company. they lived in canada and move to the united states some years earlier. >> it's successful executive? >> by all accounts yes. >> but was the successful businessman also get husband? detective looked aro hey had a c to appear at dom j senbu the d >> the story , ting started >> one of the investigator fod whatd to b newly-passporttos. along with a list of pnt l defense attorneys. >> that's interesting. >>es he story is i did not, t you're not taking it a face value >> correct >> coming up a discovery on the computer, triggers suspicions about th time of death. >> so how many days prior is the email checked? >> for that was a big thing for me. >> when dateline continues resolve the mess. ♪ it's the most wonderful time of the year ♪ it's spring! non-drowsy claritin knocks out symptoms from over 200 allergens without knocking you out. feel the clarity and make today the most wonderful time of the year. live claritin clear. finally! yasso poppables!

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neighborhood but no one had heard the gunshot blast that killed jim tan.

but then, this homicide wasn't a who done it. the son had admitted, moments after deputies arrived, that he had been the shooter. he had to do it, he said, to protect his mom. >> self-defense is something we'll listen to. if that's what happened, the wall will bear that out. we wanted to speak to him to determine. that >> same night -- to tell their stories. were >> you able to get a statement from the sun? >> we were not. his lawyer would not allow that. >> his lawyers were already on scene? >> his lawyer was on scene a few minutes after me. >> without the cooperation of the admitted participants? >> the detectives were on their own. it turns out, a very large piece of evidence was waiting to be found right there in the very office, a report from the house on coach sideline. just two weeks before the shooting, police records show the wife placed another 9-1-1 call. >> yes, hi, my name is jeanne tan and my husband just beat me up. i need your protection. >> are you injured?

>> yes, he choked me and i'm so scared. please please help. >> he's coming. no. please come. please come. >> the dispatcher heard about -- ongoing fight between a husband and wife. >> hello, sorry -- >> no. >> yeah, sorry about that. [inaudible] >> a deputy was sent to the house and notice that jean tan, the wife, was clearly rattled. reporter, john hand, rochester -- >> they found that jean was still upset. she had some red marks on her neck, but that there wasn't enough there to charge jim tan with a crime. >> so, incident over? >> that night. >> he shot to kill me, but

nothing results in terms of charges? >> correct. >> so, a history of abuse it, appeared. if that were the case, charlie had told no one in his circle at cornell university. on campus, coach colin hadn't heard from charlie and days. and now, his phone ring -- >> campus police called me up and asked me to come to his fraternity house, which i did. they wanted me to know that charlie's father had been killed. it was rugged. we've got a bunch of players in the fraternity and everybody was, obviously, very upset. >> charlie tan admitted that he had shot his father to death. >> i think he was probably disbelieve more than -- and shock that this occurred. >> we had a team meeting about it, but immediately after, there was summer support for him. everyone was amazed by the support. from >> the get-go, there is no debate, the entire frat and team had charlize back. >> not just this spring football team, but everybody encore no teams that he knew well was showing support for him. everyone was always trying to help him and ask if there's anything we can do for him. >> to his vendãme, there was

shock there to. yet the, heartbreaking story of charlie tan protecting his mom, by any means necessary, made some kind of weird sense. he was, after all, the kid who was always trying hard to help. >> people talk about him being selfless -- >> yeah. >> lives of the people -- >> close friend, and, i had a hard time wrapping right around charlie doing anything violent. literally she knew was a thoughtful kid who did things no other kid did. >> my mom went through cancer, and she was -- he brought a gift and stuff. he was always there, supporting anybody. >> anna too would be there supporting charlie through this difficult time. a friend to the end. >> neither she or anyone else could've guessed where the investigation was heading next. the detective who examine the scene that night was wondering if there was more to the story. it was all obvious right away that something was off with the working theory of the crime. the heat of passion, self-defense homicide. >> we were there for hours.

searching every bit. one of the things that was noticed by one of the investigators, the dry blood that was all over. >> dry blood? the timeline of the whole story, in fact, demanded a closer look. >> it's certainly one of the things that get your attention. hang on, there might be more, let's make sure we're on the right path here. there were other observations that set their timeline -- back -- where he was killed, there were an open emails going back before the weekend. >> demonstrating some emails with his employee and then, at some point after that, he clearly stops using his computer.

he's no longer sending, is no honor opening. as detective spoke around that -- >> how many days prior is the last email? >> for days. that was really a big thing for me. this is a guy that ran his own company, with employees an activity. >> going back for days, that put the shooting back that thursday night charlie came home from cornell. a four day old crime scene would also explain wooden plainly op-eds to the -- >> the odor of decomposition was very strong.

>> the detective now believe that emotional 9-1-1 call was bogus. a charade. >> did you say you had a shot? >> yes. >> his mother was in peril and he had to shoot the husband. now you're saying, this might be days earlier. >> that first inference from the 9-1-1 call and for which raleigh had said -- what we are starting to see inside >> down in the sheriff's office, jeanne tan, the mother was released from custody but not charlie -- was charged with second degree murder. >> what did you think? >> i was shocked. i was so confused -- and think it was real, i don't think it's possible. >> charlie tan, the nice boy, the great kid, if convicted, was facing 25 years to life in prison. >> coming up, store video shows the gun that killed trump's father being purchased, but it's not charlie buying it. >> you name all together here. >> correct. >> and then, the strange thing charlie did just before his mom placed the 9-1-1 call. >> the defendant sends a email to his fraternity brothers, showtime. >> when dateline continues. ahhhh... with flonase, allergies don't have to be scary spraying flonase daily gives you long-lasting, non-drowsy relief.

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i am craig melvin. charlie tan told police that he shot his father to save his mother. but investigators were finding flaws in that story. the ivy league students had been arrested, and was facing second degree murder charges. was this unintentional killing? or justifiable homicide? here again is dennis murphy with house of secrets. >> anna valentine was in a state of disbelief as she learned that her close friend, charlie ten, had been arrested. >> did you have a chance to talk to charlie himself? >> he called me on the phone from jail. so i talk to him a couple of times. >> anna did not sit around, she was going to do whatever she could to defend her friend. because she knew, there was no

way that charlie did anything wrong. >> you did something remarkable, anna, you pull together a whole community behind charlie. >> yeah. >> anna started a defense fund support page for charlie. >> it spread like crazy. i had no crew weather is gonna happen. i just put up the page and told my friends. people i hadn't even heard of was supporting him. everyone was doing it. >> how much money did you raise? >> around $50,000. >> why have -- people >> to support charlie? >> he has been one of the nicest guys ever. and i think everyone knew that. and they just wanted to do everything they could to get back to him. charlie want to give everything to every people. he wanted to give it to them. >> the reporter was working

nonstop on one of the most talked about stories the county had seen in years. >> so now there's an investigation for you, a new story. a great ivy league kills blows away his father. what is going on in terms of response to this event? >> it's not very often that you have a murder suspect who, a bunch of people from pittsburgh, are rallying around. the >> case had captured the hearts and minds of a community that could not imagine this exceptional young man in prison. and these are lawyers and surgeons and political -- these are big powerful people in the state. who are behind this kit. >> yeah. >> we dish it didn't happen but he deserves a break. >> yes, the community felt that very strongly. >> so when the trial began, less than a year after the shooting.

this board representative of the people of the murder case, found herself in an odd spot. >> the biggest problem was the defendant himself. because he did appear to be an upstanding, nice young man. >> monroe county district attorney, sandra. >> in the beginning, people were disappointed that an indictment was filed against charlie tan. and we were taking this to court. but you know what? we have to prosecute the people who violate the laws of our state. >> assistant da bill, prosecuted the case in court. he told the jury, yes he was a high achiever, a bright young man who went the extra mile with his friends. >> perhaps he wanted to succeed as charlie tan. and solve all of the problems that were occurring. >> helping his mother? >> helping his mother. >> by killing his father? that was a solution.

>> that was our theory. yes. the gun is found at the murder scene, his fingerprints are on them all. his mother, again, a mother saying. my son did it! and charlie saying, he had to do it. >> but did he have to do it? that was the key question. and the prosecution said no. this was no justifiable homicide. this was an execution! in fact, the weapon, the 12 gauge shotgun had been purchased just before the killing, said the prosecuted. deputies found it leading against a garbage can in the garage. and when they traced it, they discovered it had just been bought from a walmart near cornell. >> so he sent investigators down. and as they began to look at it, they found out the gun had been purchased by a young man from whitney knickerbockers. >> newly-? purchase >> yes.

>> it was purchased in 2013, the same day charlie left cornell. and even better, the store had surveillance video of charlie's friend, and fellow fraternity brother. buying the shaka. video that was showed to the jury. whitney, the wrap rather, was never accused of having anything to do with the killing. cara charlie had convinced him to buy the car. >> friends say that whitney was told by charlie that he was going on a hunting trip, so he was gonna buy it. >> the prosecution said there was no hunting trip. charlie was planning a murder. in fact, before he got the friend to buy the weapon. surveillance footage showed just how intent he was on getting one. hours earlier, there was charlie. >> charlie tan is on video going to the walmart, attempting to purchase the shotgun. he is unable to. >> why can't he buy? it >> he is a canadian citizen. which means there would be a waiting period. prosecutors said he did not have time. >> so you want to make the purchase. >> that was our theory yes. >> it's hard to put together a heat of passion scenario. moms in jeopardy. if you purchase the weapon in advance. >> exactly. >> the prosecutor told the jury that there was no evidence of the fight that evening. >> if you look at the exact moment of the killing, jim tan is just sitting at his desk. >> sitting at his? that's >> answering emails. >> answering emails. >> working to provide a living, and a pretty good living for

his family. >> in fact, the medical examiner testified that as he sat behind his desk in his home office, he was shot three times above the chest and face. the last shot, the coup de grã¢ce. >> medical examiner still agreed that he was alive when it was afflicted right to his face. >> the prosecutor believes that was thursday night, the same night that charlie said that they took him home to check on his welfare. it is possible that when the boy answered the door and said he was fine his dad was already dead inside. when nobody from the ten home called 9-1-1 that night. rather, says the prosecutor, they got passports and fled the country.

>> jeanne tan, and charlie ten, left the country and went to canada. came back on monday before the 9-1-1 call was placed. >> so i come back and tell a lie? the prosecution did not know. i guess, perhaps, someone had to run the business. and this last tidbit. creepy, implied the state. before that for days late 9-1-1 call was placed. charlie took the time to send a warning email to his college buddies. they would soon hear things in the news. >> the defendant sends an email to his fraternity brothers called showtime. >> you're gonna be hearing from law enforcement? >> yes. yes. you will be surprised. showtime! >> no jurors, don't buy self-to friends, said the prosecutor. this was no crime of passion. it was a planned murder. >> so this is not an assassination. he walks in, and bows that away. the prosecution rested. the defense team was up next. and they were about to lay out ahead spinning theory of the crime. from seemingly another universe. >> no one side coming. >> coming up! the defense drops a bombshell. >> one of the things that was always in question, was charlie covering up for someone else? >> when dateline continues!

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this courthouse, where you routinely expect wasn't supporters for the victim. there were none. >> there was not one who mourning the victim. the victims assistance from the district attorney's office, ice out of the whole trial, could she had nothing to do. >> apparently, some people think that this vicious father, the victim, deserved what was coming to him. >> people that normally

wouldn't advocate homicide, who say, if he did it, then it didn't, and his father deserved. >> but he accused -- his girlfriend and friends crowded outside the courtroom every morning, surrounding him protectively as he walked into court. he had all but it cheering section with pompoms. >> i think it meant everything. having all the support made him feel so much better, so much stronger. >> his friend anna was on the witness list so she wasn't allowed to sit inside the -- until the very end. >> i want as much as i could -- >> how did he seem to? you how is you putting up with? it >> some days were harder than others, some days he seemed good.

>> charlie would sit in court while's defense would build the case with evidence that seem to support domestic violence. -- >> >> hi, my name is jeanne tan and my husband just beat me up. i need your protection. >> are you injured? >> yes, i'm -- he choked me and i'm so scared. >> defense attorney, james noble, thought the 9-1-1 recording spoke volumes about that household. >> it was almost as if we were put in the hell that charlie lived in for a brief moment and i held it -- for a brief moment. >> and they kept piling on.

jim tan continued the defense wasn't just a bully at home. his employee says the fire that the abuse they to encounter in the workplace. >> every other person who worked with jim tan said he was miserable, said he behave like a child, said he would bully people, said he was nasty at work. >> so, a son, defending his abuse mother was a defense no-brainer strategy that seemed to require a little assembly. the other defense lawyer -- >> i think most people that looked at this case said, the only defense is self-defense, or some hybrid of a battered child syndrome. >> as the trial progressed, that wasn't the tax his defense team planned. >> our strategy was to keep our

strategic defense in our back pocket, hidden from the prosecution as long as we possibly could. >> so, what was the secret defense? they were going to agree with the prosecution on one point, that when gene called 9-1-1 to report her to has been dead, the murder was days old. >> shots. i heard -- >> that call is 100% fake, there's no question about it. >> not only was the mom lying to 9-1-1 about when the murder occurred, no argue -- she was lying about something much bigger, who the true killer was. the defense attorney saved his surprise for closing arguments. >> it was an unusual moment because i knew that there were

many friends and supporters of gene town in the courtroom and i was going to suggest to these jurors that she had pulled the trigger. >> jeanne tan, the mom, the wife, the true killer. the defense said, the shotgun was in her hand. she pulled the trigger, she solved her own problem, not her son. that was the story the defense saved for the 11th hour. >> not an easy thing to do, in a packed courtroom. >> according to the defense, it was gene tan who had the motive. the motive to get rid of her bully husband, get the house, the business, the money. >> frankly, it put motive in jeans hands category, more so than charlie. -- >> --

what that means it is at some point in time, charlie could've loaded the gun, but it still doesn't make him pull the trigger. >> as the defense are, the mom did -- even explain that odd email that charlie sent his fat brothers before the 9-1-1 call. the email called, showtime. the email implied that the story to come might not be the real one. it went on to say this -- >> the real truth will come out one day, and you're gonna know what really happened. one of the things that was always a question, and always a concern of ours was was charlie covering up for someone else. >> in court, assistant prosecutor appeared caught off guard and stressed, when he rose to make his closing argument. >> he addressed charlie directly. he said, something to the effect of, charlie, your lawyers calling your mother a killer -- he picked up the shock, and moved quickly across the room and he approached the jury very closely with it -- he was trying to make a point,

he was very passionate. >> vanishing the murder weapon as a prop didn't sit well with judge -- who told the prosecutor to calm down. >> frankly, we knew that at that point, we had done exactly what we wanted to do. we had taken by surprise -- >> after a week of testimony, the case went to -- tv cameras docked charlize every move. he'd been out on bond the entire time -- >> he knows his life is hanging in the balance -- that's a tough thing for anybody to go through. >> but he had the unwavering support of team charlie. they all waited with charlie as the deliberations began, and

spilled over into a second day. and then another. >> every day, we show up to court being like, oh, is it going to happen today? everyone was super nervous, on the edge of their seats their whole time. charlie was, i was. >> because if it goes in an adverse way for you in charlie, he's gonna be let off and you wouldn't see him for a long time. >> yeah. it was hard to imagine that. >> jennifer -- was a juror sitting on the case. she walked us through the arguments as they deliberated. >> i'm not sure anybody felt bad for jim to hand, he made a lot of enemies in life. everybody did recognize that the way he died was still a crime. >> both the prosecution and the defense side agree that charlie 's fingerprints were on the ammo. >> but, did he actually pull the trigger or did he load the gun and give it to his mom and people not guilan>> three of thd could prosecutor for uno>> on day eigr coul't ignore it athat int. prosecutor for updates of deliberationsjurorsho told the judge, they hopelessly deaked. the judge declared mist that didn't mea was over for charli any retch. >> no.it doesn't mean it ier a long road ahead >> a long road with ial, another s of codates, anotg through the same set of facts. unless, that wasn't what was going to happen at all >> coming up, as charlie tan awaits his fate, the proceedings threatened to spin out of control >> he was becoming unhinged. >> when dateline continues >> the judge in the temer case -- [coughing] ...copd sitting down. ♪it's a new dawn,...♪ ♪...it's a new day,♪ it's time to make a stand. ♪and i'm feelin' good.♪ start a new day with trelegy. no once-daily copd... ...medicine has the power to treat copd...

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-- >> even though the case was over for now, the child autonomy trial was big news in rochester. >> they could not come to a consensus regarding the murder

charge against charles tan. >> everyone was talking in the media, including judge -- who was running for state supreme court. >> would you be presiding judge again? >> i believe i would because the case has been assigned to me. that's the normal protocol. you >> have to think about -- >> the lawyers on both sides share thoughts and doing it all over again. >> it's a murder charge. it's not a petty larceny charge. we recognize the da's office again iraqi from a homicide. >> from your perspective, how will it look differently? >> better. for me. that's how it looked differently. >> unfortunately for child's attorneys, they've only played their surprise defense, mom really did it. there'd be no shock value in a

second trial. >> frankly, we've gotta face this like it's a brand-new case starting today. >> in november of 2015, just weeks after the trial ended, both sides were back in the same court before the same judge, judge pompeo, who two days earlier, had won that state supreme court seat. it was a routine hearing to talk we child adjust to. >> so you expect him to set a calendar date? >> we were figuring maybe in january, a january child. eight >> reporter, who had been there for the entire trial was in attendance to. >> there was a number of child 's friends there as -- roughly four or five other

reporters of come to trial. the judge said, we have to address the motion for dismissal by the defense, but still pending. >> that's a common motion made by most defense attorneys, when they ask a judge to throw out a case, especially due to lack of evidence. >> you'll always do it -- >> everyone thought that this would be an order of business quickly dispatched, and the judge would move on to setting a new trial date. but then he starts talking about a lack of evidence regarding the possession of the gun that charlie --

lack of evidence that the fingerprints were found on the shelves upstairs, but they did indicate that he never shot it. i look at another reporter, i said, what's going on here? >> charlie's lawyers had a glimmer about where this was going. >> it landed in charles's era, i told him, something good's about to happen. >> the assembled price couldn't believe where the judge was headed. >> you're holding your breath and you're going, he's about to dismiss this case, the biggest case we've had in years. a case that jury deliberated on for 50 hours a, second degree murder case. >> assistant prosecutor saw the train wreck ahead and wasn't at all pleased. he grabbed the mic --

>> can i speak? >> the judge very quickly said, no, you may not. he continued to speak. the judge said, i'll put you in handcuffs -- >> the judge to the district attorney? >> i've never seen that before. >> you outline here. >> accord up yadi walks up behind bill guard in, the prosecutor, not the defendant -- >> he was interrupting. he was becoming unhinged. >> after the dramatic for the prosecutor, the judge did finish a slot. he throughout the entire case against charlie tan. a judicial ruling that meant the case couldn't be re-prosecuted, or we tried. >> it was a big win for charlie tan.

he was ecstatic. >> outside the courtroom, the media was waiting for charlie, former defendant who -- >> i will talk to us? right >> back up. please, please. >> before we get a chance to talk to him, his defense laura showed him out. >> what did you think? did you take it all in? >> i'm not sure i took it all in a first. >> that this is over. >> it was super exciting. everybody was so happy. everybody was in tears. >> not quite everyone. assistant da, bill guard, and was fuming. >> were you willing to get arrested over this? >> absolutely. i was more willing to have a

handcuffs post on me to argue my point. i didn't cross any lines. >> where we course do have? >> there's no appeal, that i know of. >> so charlie ten is free? >> that's it. there is no appeal, as of right from -- because there is not been a verdict by the jury. >> the event didn't happen? >> correct. >> so, in the people versus charlie tan, you had to cynically wonder whether the sons vocal supporters carried the day from outside the courtroom. >> you talk about the division in the community. >> i guess some of the things the golden, ivy league was able to kill his father and get away with it. >> yeah. there's a question of -- >> child's mother, according to the district attorney, will not be prosecuted. there's never been any evidence to show that she is responsible for the murder. could it have been the mother? >> i look at it 12 guided shock on, she was a small woman, i don't know if she was capable of e