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tv   WBZ News  CBS  January 16, 2016 11:00pm-11:35pm EST

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careful about doing them. >> is there any evidence indicating that these wounds were inflicted upon her by another person? >> there is no evidence that any other person was involved. >> i think she panicked. anita smithey's story is that robert cline was attacking her, and what does she do towards that end? she gets a knife. she calculatedly places cuts to her cheek, cuts to her neck, and cuts her abdomen in such a way as to indicate that perhaps she had been harmed by him. >> reporter: and what about the bruising on anita's face and her chipped tooth? recoil, dr. bulic suspects. >> if the gun was held near... near the face, it's possible. >> reporter: but then, shirley rice, a specially trained nurse who's been involved in more than
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she says after examining anita, it's her opinion anita was assaulted. >> at the time i did the exam, i thought of her as a victim of a sexual assault. >> and has anything changed your mind since that time? >> in my evidence, no. >> reporter: but when prosecutors questioned nurse rice... >> you're unable, from a professional standpoint, to ever say for sure whether or not the injury that you see during a sexual battery examination is either consensual or non- consensual, right? >> i cannot tell you whether it's consensual or non- consensual because i wasn't there. >> robert cline did not rape anita smithey. >> reporter: and to prove that point, prosecutors call this woman, anita's former friend, torina stewart, to the stand. >> did the defendant ever confide in you with regard to any sex practices that she and robert cline engaged in that stick out in your mind? >> yes. >> can you tell us what that was? >> playing date rape, role playing.
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had engaged in that date rape or role play scenario on the night that robert cline was killed? >> yes. >> torina turned out to be a snake. >> reporter: did torina betray anita? >> she did in a way that she should've never betrayed her. >> reporter: prosecutors called the case detectives to testify anita told different versions of what happened the night she shot her husband. >> and she started to tell a second story, and i noticed the inconsistencies between that first story and that second story. i knew... >> reporter: detective mattingly tells the jury anita first said robert waved a knife at her, but in a second version she didn't even mention a knife. and there were other inconsistencies. but mattingly admits at the time he never took notes. both he and detective depanicis are grilled about their lack of experience. >> isn't it a fact this is the first homicide case you ever investigated? >> yes, sir, that's true.
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had been before she'd slept? >> no. >> did you ask her how long it had been before she'd eaten? >> no. >> did you ask her when the last time she had anything to drink? >> no. >> reporter: jancha argues anita was so traumatized by the events of the evening, she should never have been subjected to a grueling police interview so quickly. >> i speculate, ladies and gentlemen, that there is one piece of evidence. >> reporter: as the trial was wrapping up, many courtroom observers believed the defense had won its case. but jancha wanted to seal the deal, to show just how traumatized anita was with one last piece of evidence. >> and that's the 911 call of miss smithey. >> reporter: prosecutors don't object. >> reporter: for the first time, jurors hear the dramatic 911 call. but amid anita's cries, they also hear anita say robert stabbed her in the stomach with
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>> reporter: kelly jo hines and stacey salmons could not believe their good fortune. >> as we objectively listened to that 911 call that was just played to you, and before i start my closing argument to you, i'll address a few things just about that phone call alone. >> reporter: stacey, i'm sitting just behind you there in the gallery, and i hear you say, "i set the snare." >> reporter: by playing that moment where anita says robert stabbed her in the stomach, it opens the door for prosecutors to contradict her. the jury could now hear that previously forbidden part of the interrogation video where anita admits stabbing herself. >> i just know that i freaked out, and i picked it up and i stabbed myself. >> reporter: this is a big deal
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>> she shot him. >> she inflicted those injuries to herself. >> reporter: prosecutors close their case against anita smithey with the best argument they've got, that interrogation tape. >> i don't remember where i stabbed myself. i know that i freaked out and i did it. >> reporter: it's proof, they say, that she was not acting in self-defense when she killed her husband. >> i think that is what doomed us.
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>> reporter: within hours... >> we, the jury, find the defendant guilty of second- degree murder. >> completely outrageous, ridiculous, insane, ludicrous. she was being attacked, she was being raped, and she was terrified. 100% certain, she thought if she tried to flee, if she tried to do anything, he was going to kill her. >> reporter: drew watches, unable to do anything as his mother falls apart. >> i know exactly why she was so hysterical and why she collapsed. >> anything further from the state? >> it's because she didn't do it. >> reporter: and anita's supporters say they know exactly who to blame... >> there is one piece of evidence. >> reporter: ...anita's own attorney, rick jancha, for foolishly playing that 911 tape... >> he tried to stab me. >> reporter: ...opening the door for prosecutors to use anita's admission she stabbed herself. >> i stabbed it, but he was there, too. >> it's not a mistake but a
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>> not only did those statements get played, they got played right at the very end of the trial, the very last thing. >> reporter: anita's camp says the only reason why they lost that case is because of the playing of this 911 tape. what do you say? >> i say that that playing of the 911 tape was only one small piece of a much larger puzzle within a two-week trial. >> reporter: a trial that took four long years to begin had come to a dramatic conclusion. >> i finally couldn't wait to look at his parents and hug them. the same with his children. >> reporter: when you guys left the courtroom, you were still pretty stoic, wouldn't talk to reporters. but when you went into the elevator and the elevator doors closed, we could hear you. >> ( squealing
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>> and i'll go on record and say i'm the one who squealed in the elevator. and part of that is just the relief that comes with it, of knowing that you work so hard for an ultimate goal and that you succeeded. >> reporter: but their feelings of relief didn't last long. just before sentencing, anita's attorney suffers a heart attack and falls into a coma. attorney whitney boan steps in to represent anita. injustice? >> injustice. she was brutally beaten, and she was forcibly raped. >> reporter: and she was already planning anita's appeal, focusing on that interrogation. >> i don't have any reason to lie to you. >> i'm very optimistic that anita smithey did not receive a fair trial in compliance with the law and that she will have another day in court.
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will be sentenced for robert cline's murder. she's facing life in prison. her 13-year-old daughter is too upset to speak, but anita's son, drew, begs the judge to show mercy. >> my mom is just... she's... she's my everything, and i just want you to know how much i love her and that she's... she's not the person that people are making her out to be. >> reporter: drew tells the court he will continue in school with the hopes of becoming a doctor to make his mother proud. then, it was time for the man who gave up everything for his daughter to make one last effort to save her. >> i've always known anita as a very caring person, a person of integrity, and she just added a
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i... i just appeal to you today. >> reporter: jessica flores tells the judge that essentially anita is a victim of domestic violence, and locking her away is not the answer. >> she wants to help other victims out there. please help her to help other people. >> reporter: to robert cline's family, the repeated characterization of him as an abuser is repugnant. the reality is just the opposite, they say. >> anita was the abuser, mentally and physically. >> she shot my dad. she killed my dad. she deserves to get life in prison. a life for a life. >> with respect to the sentencing, 40 years total. >> reporter: 40 years. anita will likely be in prison until she's at least 80 years old. >> justice has absolutely been served in this case. >> i agree. robert cline can never come
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he can never hold his children. >> reporter: how important was this moment to you and for the memory of your father? >> it was the most important one yet, to know that my dad's name will not be dragged through the mud anymore, to let the real story show. captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org >> i usually have very strange dreams.
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i think kelly's hurt. >> i don't think she's clairvoyant. i think she's a killer. >> i was 19 years old. a guy came up. bam, he slammed a gun to my head, and he said, "i'm going to ( bleep ) kill you." i fought with everything i have in my soul to not have a toe tag at the end. >> we got him. >> it's you. you're going to go down.
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touchdown of the nate as they are now headed to the afc championship game. we will find out tomorrow if that will be against the broncos are steelers. thanks for joining us. one more stop on the road to the super bowl for the defending champs. sports director steve hurt and live at gillette with how it all went down. >>reporter: it never gets old patriots going to their tenth afc title game in 15 years that is truly amazing it is the fifth straight trip. they get it done today by a score 27-20 over kansas city now they wait and see who they play they will find that out tomorrow. will it be denver in denver or the steelers at gillette? that game either way next sunday at 3:00 here on wbz. all because they got it done today. all week long who would be healthy enough to play. we got an answer early adelman played well 10 catches for 100
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played and played well. two touchdowns for the game's best tied in. 21-six, pages in the third quarter. brady finds his man in the end zone 10-point patrol. he scored late to make it close but gronk comes down with the off side sketch he was everywhere. they had to the afc title game for the fifth straight season. you've got to love it 27-20 the final i will bring in my man here danny boy we are spoiled we have it so good. >>reporter: sitting out back to wait and see if it's denver pittsburgh. think about it you can't get the numbers enough 10 afc championship games the last 15 years, live in a row a tribute to the organization. after this one brady simply enjoying the moment again. hard to do. you've got to grind throughout
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we are one of him. that game means a lot. we have got to try to get as healthy as we can and see if we can put together our best game of the year. >> maybe more amazing look at that guy tom brady what he has been through starting with the super bowl coming back to the afc championship game a year ago with the whole display gate story started then all the way here he is had to deal with that mentally, physically and here he is again in another afc title game. >> distractions aside getting it done. back to this way think about this to put things in perspective patriots going back for the fifth straight time buffalo bills haven't made the playoffs in 16 years. that is how good we have it. >> we are the season veterans i like those odds. fans of course energized by the win. they can't wait for next sunday's night game. live at gillette with reaction to tonight win. >>reporter: let's face it fans did know what to expect
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certainly confident but thanks to late-season losses, injuries and of course other off field drama there was real concern. tonight big win has erased all of that. the drums of victory filled the air at gillette stadium on saturday night. the pats moving on to the afc championship game. time to celebrate for patriots fans who filled the stadium and players too. >> unbelievable i have never seen anything like this in my life this is unbelievable. >> great game we love it patriots are awesome. >> no doubt our team it was great can't wait go pats! >>reporter: patriots nation came early for this one on a mild january afternoon for a big game against the chiefs.
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quarterback elsa butler accepted congratulations from delirious fans on cloud nine. >> execution, special teams defense, offense we all work together we are on to the championship game. >> a lot of po worried about gronk looked good to me he looked awesome. >>reporter: also relate because the team did not look that great at the end of the regular season but now that is in the past. >> never gone absolutely they never left we are playing possum the last two weeks. >>reporter: yes indeed now it is on to the big afc championship game and all fans here hope that game will be played right here. live gillette jim smith wbz news. last night we told you about one fan a particular, a young woman who is friends trying to go to great lengths to this game. >>reporter: they advertised a ticket if they can pass the
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we posted the picture of francesca and her day, john she chose from hundreds of e-mails and texts from and offering their services to go to the game with her. >> it went pretty well we had a little everything weatherwise today snow, sun and rain now winter like cold moving in. how cold is a going to get, how long can stick around we go to barry burbank with a look at the accuweather forecast. >> timing just perfect this afternoon wbz weather back camera saw the sun poked through the clouds, clouds clearing away before the game got started this afternoon. looked beautiful and foxboro of course the great outcome. looking at the temperature in boston down to 38 not all that cold yet not too much wind at the present time but we have a lot of wind coming up over the next few days mostly in the 30s as you see right now. some places scattered clouds other places cloudy. looking at another storm developing in the gulf of mexico moving rapidly northeast.
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storm way tomorrow? more detail shortly. snow showers early monday then blasts of winter in cold weather. we may have a storm next weekend not etched in stone yet but more in a few minutes. police tonight investigating an apparent murder suicide. officers call to a home on fourth street, the bodies of two people found inside. police are not saying how they died. they say there is no threat to the public. a developing story from hawaii the search underway, in rough seas off the coast of oahu for 12 marines missing after a midair collision. one of those marines is the hingham native christopher orlando 23 -year-old flight crew chief. is wbz's explains the storm is hindering the search tonight. >>reporter: the search for the dozen missing marines of the hawaiian coast of water continues. new details emerge saturday about one a massachusetts
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hits close to home. this two doors down from orlando's family. >> to have something happen on american soil it is really >>reporter: chris orlando's story touching the hearts of many in hingham in fact a police like outside town hall after hearing word. state police a orlando's mother is a retired the families next-door neighbor says he is in his early to mid 20s and a graduate of hingham high. been serving in hawaii for a year and a half. >> when he is doing his job, learning his job, very, very sad. >>reporter: the two helicopter collision hits close to home watched as he dropped off flowers to orlando's family. to upset to speak on camera, he told us he himself lost his best friend years ago while serving in the marines. >> i feel terrible for the
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they have to be really going through -- not knowing is worse than knowing. i wish them a lot of luck i hope they find him. >> his family released a statement tonight saying, we are blessed with great love and support from family and friends. we continue to monitor the ongoing search effort in hawaii. we ask you continue to pray for christopher and the other missing marine. also developing tonight, i ran's government releasing four americans in exchange for seven iranians. the americans include washington post reporter jason rezaian also released in a related move, an american student from hingham, matthew trevithick. that student was studying in terror and were taken into custody. katie live in the satellite center you spoke to his mom? >>reporter: he is a hingham native he went to bu and has already taken a plane out of iran.
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since the beginning of december. his family just wants to see him. >> we are very excited, very happy to hear his voice today. >>reporter: matt trevithick's mom had not heard his voice for weeks. he was held hostage in tehran for 40 days and free this weekend. >> we are thrilled he is out of iran. >>reporter: he went to iran in september for a four month intensive language program at tehran university. no stranger to the middle east he spent four years in afghanistan, most recently in turkey where he cofounded the syria research and evaluation organization. his humanitarian work began before that. he was on the boston university growing team for graduating in 2008. he helped pushed ford and iraqi rowing team in afghanistan worked on building a team their too. his mom does not want to say much until she sees him but her smile says enough. >> we are looking forward to seeing him. >>reporter: it is still unclear
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his mom tells me he just wants to return to his regular life. a boston firefighter and resident recovering after an early-morning fire, no word on how seriously they were hurt. the fire broke out about 6:30 a.m. in one of the units at the dl village apartments on harrison street. about a dozen people have been burned out of their homes. the cause under investigation. two drivers recovering from serious injuries after this head-on crash in sandwich last night en route six a the shady nook motel after 9:30. police had to shut down the road to investigate. crews used the jaws of life to get both drivers out. new at 11:00 parts of brighton partially without power tonight, generate is used to power homes and businesses. working to deny to get the problem fixed no word on what
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campaign 2016 now former senator scott brown not running for office but could he be running mates with an eventual gop nominee? front runner donald trump was brown's guest today at the former senators no bs barbecue inn portsmouth. trump talked about other republicans in the race for the white house and encouraged by the crowd suggested brown might be a good vp. >> we have got to get him back we are losing are good ones keeping the bad ones losing are good ones. the right thing is going to happen we will be behind him 100%. vice president hey . >> later in south carolina trump criticized ted cruz for failing to disclose bank loans
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who put donald trump in charge of the elevator. >> cruise joking with reporters cruz and trump have been at odds because cruz might not be eligible to be president because he was born in canada. an emergency declaration and went where contaminated drinking water is running through the pipes. >> the action taken by the president today. the deal to bring ge to boston was state officials agreed to do to lure the 500 fortune company or. a call to honor the service and a legacy of doctor martin luther king jr. in arctic last moving into minnesota seven below 0 right now some of that cold air headed our way.
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dear fellow citizen, i know what it' s like to buy a house. i know how it feels to be stressed about money. i understand what a scary word "retirement" is, and i can help. m not just a fellow dad, fellow mom, fellow saver, m a fellow citizen. her best. just like you. elizabeth trackler samantha parke robert kennedy jared duemling
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. president obama declares a state of emergency in flint, michigan. the drinking water has been contaminated since the city switched water supplies in 2014 to cut costs. test have shown high levels of lead in the water and state officials have been slow to respond. fema will now coordinate with local officials to distribute
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new details about the deal the governors office is the state is not offering tax breaks to ge. the city of boston wants to offer the company $25 million in property tax relief. ge expected to make its district. the state says it will put infrastructure once the company finalizes its plan. we are of course remembering doctor martin luther king jr.'s legacy through the students of massachusetts. >> called project 351 gets kids from all over the state to give their time in honor of the man who'd had a dream. >> [ music ] . >>reporter: using song an inspiration students from all across the state during up for something big. >> because as doctor king said, wife's most urgent question is, what are you doing for others. >>reporter: this is the project 351 launch which sends the sixth grade class of ambassadors into a
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community service is a big part i love helping and leading. >>reporter: the mission to serve the community. ynez and celebrate doctor martin luther king legacy. that one person can make a difference. the first graders in roxbury show their version of i have a dream speech something that motivates many of these kids. >> i think he his inspirational and a good role model for other people. he helped change the world for the better. >>reporter: she asked governor baker about the legacy today. >> doctor king talked about the urgency of now in that speech what is the value in starting a life of service when you are a child? >> the habits are habit- forming. we talk about that a lot. good habits are habit-forming. >>reporter: why john hancock
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>> this is a tremendous opportunity to harness the leadership capacity and capabilities of our young people. >>reporter: the program includes an eighth grader from every city in -- and town in massachusetts the kids are nominated by a teacher, administrator or staff person at their school. wbz proud to be the project's media partner. >> we look forward to monday honoring doctor martin luther king's x see many will have the day off looking forward to the forecast. >> especially if it is nothing like this morning. not stormy but frigid especially in the afternoon. >> i don't know if i like that. >> i don't have really good news for you here. >> and i take this morning's ball me wet weather instead. >> we will bring that back weather rewind. let's see what is ahead. what happened today was mainly rain in boston. boston had 1.2 inches of rain and a brief burst of snow that lasted a few minutes north and west of boston the snow lasted
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