tv WRAL News 11PM NBC January 16, 2016 11:00pm-11:35pm EST
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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 >> at the time i did the exam, i thought of her as a victim of a sexual assault. >> and has anything changed your
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>> 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. >> did she tell you that they 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
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>> 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. >> did you ask her how long it 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?
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>> 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 courtrm 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 a knife. >> reporter: kelly jo hines and
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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 that you are now going to be allowed to present to this jury, correct? >> yes.
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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. >> miss smithey, please rise. >> 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
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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 fatal error. >> 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
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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 ) >> 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
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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. this verdict, justice or 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. >> reporter: but first, anita 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,
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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 lot to all of our lives. 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
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>> 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 back. he can never hold his children. >> reporter: how important was this moment to you and for the memory of your father?
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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. i woke up, and it just startled me. 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
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( 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. winter weather could make another appearance soon. meteorologist telling us who has the best chance to see snow and when. thanks for joining us. in the weather center tracking a chance of snow. and it could impact getting out and about in the morning. >> i don't think it will be a big issue on the roads, it is just too warm. the soil temperatures are close to 50, so it won't be a big
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with the next system and it could acumulate on the grass surfacess. the winter variety, mostly to the north and west of the triangle, that will be the case tomorrow. we will have a w showers around during the early morning hours. make a few flakes mixing in. at 10:00, still looking likely that we could have snow north and west but rain everywhere else but to the lunch hour the system wraps up and then the arctic cold front and it will be very cold next week. we will look at how cold it single digit wind chills. and now a good time to an. athroughing you to receive
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search alert center and if there are any sunday service cancellations or delays, you will find out about them, as well. live coverage on sunday morning starting at 7:00. and if you see the snow falling where you live, remember, you can always share picture and video with us. we want to see us. you can share your imagines on wral facebook and twiter p planning to travel the world sky driving died doing the very thing he loved to do. 25-year-old was killed in a parachuting accident. live in the news room with detail about the accident. >> reporter: i spoke with the sky diving center who happened to be close friends. said he was an excellent sky diver with years of experience. speaking before he went up in
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thought the day would end like this. >> james was always smiling. always. >> that is exactly what james was doing in this picture just before he went up to do what friends say he enjoyed most. the owner of triangle sky diving center. talked to them about what types of of jumping he had planned. >> just a normal day. so it is not anything that you could every anticipate. >> said he was with a group of others and was around 12:00. he was setting up for landing, and had a problem with theparashoot and had a hard landing. >> looked at it more than just an occasional hobby. >> this is what he died. so just got the out of the
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was planning to travel and sky dive all over the world. >> saying he was a very e appearanceed diver with 18 hundred sky dives and five years of experience and he was part of what some may call a faternity. >> we are dealing with it. >> saying they have looked at the parachute and will turn over to the faa. the family has been notified and just landed here from houston, texas. you can't help but wonder what happened there up in the air. live in the news room, thank you. lake shut down because of a crash.
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down into the enbanesment. enbankment. saying iran has met the obligations. agreeed with six world powers to curve nuclear powers. the president signed orders lifting these these. many and i do mean many people doubted would ever come to pass. and that should be recognized even though the full measure of this achievement can only be realizeed by assureing continued the full compliance in the coming years. >> now have access to 100 billion dollars in assets frozen over seas the. expanding for 12 marines missing after who helicopters went down. officials saying each aircraft
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the coast guard and fire departments are conducted search efforts initially reports saying they collided but an investigation is underway to pinpoint the exact cause. police have charged a man in the death of a man found near a home less shelter. charged with first degree murder. cooper is listed as a residence of the mission shelter. he is also a registered sex offender. police say the victim who also stated the shelter was found next to the victim. police have not releaseed further detail about how the victim died or a motive in the case. speed is being blamed for a crash that killed two people. troopers said the driver of the car lost control on the road around 1:00 this morning, and struck a tree. that is just north.
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another man take been to the hospital. troopers suspect alcohol may also have been a factor. new tonight the institution investigating several inmates hospitalized due to extented drug overdoses. six inmates taken to the hospital and internal investigation and law enforcement notified. flags supporters from across the state gathered today but were told they could not demonstrate on capitol grounds. showing us they drought with them a message that went beyond the flag. their number was small. but their flags were big and their sentiments were large. don't tread on me. a slap as a power bloated government. we will give knowledge to the rest of north carolina, the rest of americans, that our
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>> this young man says their reception at the capitol flies in the face of the constitution. >> the right to assemble saying we have the right to assemble to support a common cause. the police kept the flight fliers on the edge of the property and could not bring flags inside for this. a birthday celebration. >> the reason why i am here is because i love this country, and what is being said in the press is lies about the flag. >> the confederate flags outside and the lee ceremony inside the keynote speaker for lee's service was an
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>> any group that wants to demonstrate on capitol grounds need a permit first. they stayed peaceful and people passed them mostly in peace. >> it does not bother me at all. i just encourage people to stay happy. the demonstrators were goingto visit the ceremony today but were told to wait until repairs were maid.
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out how he died or who killed him wral''s owens has the story of this mystery. >> for judy mother's day will never be the same. >> i am supposed to celebrate with three children, but now only two. i want the day to get here and get over here. >> lost her son in 2004. >> the police say davis and a friend were talking along the boulevard just after 7:00. the night of january 6th had dinner and were headed to the
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>> a kissed my son good-bye, and then he was dead. josh was lying on the side of the road dead from a blow to the head. >> so painful. i can't help but look. >> police ruled out the friend as a suspect. they leave the teen was hit by a vehicle that kept going. it has been more than ten years and his family does not know what happened. >> i wish i could have held him in my arms. >> if you have any information about the death of josh davis call the toll free hot line. that is 18664392683p or search report a tip, you don't
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>> operators are available and all tips are important. learning more tonight about a terror attract at a gathers spot many the west african nation. at least 28 people are dead, more than 120 hostages have been freed. survivors saying they fired at people and set the cafe on fire. the four known attackers were killed by security forces. coming up, looking to stay undefeated. plus, we will show you how a divorce group of congregations are getting together for a good cause. and questions coming in, will we see snow tomorrow, and
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