1 00:00:13,840 --> 00:00:15,960 I feel like I need to tell my story 2 00:00:16,040 --> 00:00:18,280 because I don't feel like a killer. 3 00:00:22,080 --> 00:00:24,080 I just was a hurt little girl... 4 00:00:24,960 --> 00:00:27,520 that, um, had a lot of pain. 5 00:00:29,120 --> 00:00:32,240 I'm not a bad person. I just made a mistake. 6 00:01:00,320 --> 00:01:01,800 It could have been different. 7 00:01:02,520 --> 00:01:04,440 I could have, um, walked away, 8 00:01:04,520 --> 00:01:08,280 'cause it's... it's not... it's not right to take somebody's life. 9 00:01:08,960 --> 00:01:11,640 And if I could take it back, I would. 10 00:01:12,640 --> 00:01:13,880 I would, because... 11 00:01:17,240 --> 00:01:18,240 it was wrong. 12 00:01:28,200 --> 00:01:29,680 This is a true story. 13 00:01:31,800 --> 00:01:33,200 I'll start it off like that. 14 00:01:34,120 --> 00:01:36,760 I just wanted to rebel. I wanted to cause chaos. 15 00:01:36,840 --> 00:01:39,520 I looked over at him. We're gonna see who kills who. 16 00:01:39,600 --> 00:01:40,960 I made the choice. 17 00:01:41,840 --> 00:01:43,000 I took his life. 18 00:01:43,600 --> 00:01:47,160 It's something that I never intended to do, 19 00:01:47,240 --> 00:01:48,920 I wish I didn't do. 20 00:01:52,640 --> 00:01:55,960 I knew I was gonna get out of that car and murder those two men. 21 00:01:56,600 --> 00:02:00,840 As he kneeled in front of me, all I remember is pulling the trigger. 22 00:02:02,280 --> 00:02:04,480 I'd killed them both. 23 00:02:05,680 --> 00:02:07,120 I'd stabbed them to death. 24 00:02:58,080 --> 00:02:59,600 My name is Cavona Flenoy. 25 00:03:01,320 --> 00:03:04,640 I've been incarcerated for ten years for a shooting. 26 00:03:35,440 --> 00:03:37,600 I was born in Kansas City, Kansas. 27 00:03:40,800 --> 00:03:45,320 I grew up, like, in the middle class and, you know, I had everything I wanted. 28 00:03:45,800 --> 00:03:47,440 I didn't go without anything. 29 00:03:48,800 --> 00:03:50,840 You know, my mother was a minister. 30 00:03:51,640 --> 00:03:53,960 I used to help her at her church, 31 00:03:54,040 --> 00:03:58,120 and I helped her, um, sing and clean our house. 32 00:04:00,680 --> 00:04:02,120 I just liked my big mama. 33 00:04:02,640 --> 00:04:04,040 I'm a big mama's child. 34 00:04:10,960 --> 00:04:15,480 It all got bad when I went to middle school. 35 00:04:25,240 --> 00:04:29,240 I got into kind of a back-and-forth thing with this little boy. 36 00:04:30,440 --> 00:04:31,720 He pushed me down... 37 00:04:32,600 --> 00:04:34,200 and he lifted up my shirt. 38 00:04:35,440 --> 00:04:37,760 He started, um, licking my breast. 39 00:04:43,600 --> 00:04:45,960 I had many forms of abuse. 40 00:04:46,360 --> 00:04:48,000 You know, I lost... 41 00:04:48,800 --> 00:04:51,280 I lost the best part of me. I lost my virginity. 42 00:04:51,360 --> 00:04:55,960 I lost hope. I lost my self-esteem. And I feel like they got away with it. 43 00:04:56,040 --> 00:04:57,040 They just got... 44 00:04:58,600 --> 00:05:01,920 on the wrist, easy. No justice for me. 45 00:05:09,440 --> 00:05:12,440 I was very lost and confused 46 00:05:12,520 --> 00:05:15,920 and I wanted to ask God why it happened to me. 47 00:05:20,760 --> 00:05:24,800 That's when I started being a little girl that was bitter and angry. 48 00:05:29,400 --> 00:05:30,680 They got me a counselor. 49 00:05:30,760 --> 00:05:33,080 So, when I start talking about it, I get angry, 50 00:05:33,160 --> 00:05:37,360 because I'm just like, you know, it's just bringing up the past issues. 51 00:05:41,680 --> 00:05:44,600 Then, when they put me on medication, I stayed asleep. 52 00:05:44,680 --> 00:05:46,560 How is that dealing with my problems? 53 00:05:51,080 --> 00:05:55,600 I started using drugs and alcohol to numb my mind, 54 00:05:55,680 --> 00:05:56,720 numb my heart. 55 00:05:58,000 --> 00:06:00,200 And I just feel like I'm living in hell. 56 00:06:15,800 --> 00:06:18,680 I was 16, turning 17 years old, 57 00:06:19,200 --> 00:06:20,600 when I had my son. 58 00:06:22,760 --> 00:06:24,640 That was the most beautifulest thing, 59 00:06:24,720 --> 00:06:27,480 because I felt like my son was going to be the only man 60 00:06:27,560 --> 00:06:29,520 that probably wouldn't hurt me in life. 61 00:06:29,600 --> 00:06:33,480 I had to say, "No more," to hurt or pain, 62 00:06:33,560 --> 00:06:38,040 because now I had to be a protector for him. 63 00:06:38,120 --> 00:06:41,720 So, if I couldn't protect myself, how can I protect my son? 64 00:06:44,760 --> 00:06:48,240 And then I felt like, "If I go and get a boyfriend myself, 65 00:06:48,760 --> 00:06:51,640 then I will have somebody to protect me." 66 00:06:52,640 --> 00:06:53,720 And... 67 00:06:54,400 --> 00:06:56,960 that was no good either. 68 00:07:06,800 --> 00:07:09,040 When he started drinking and smoking with me, 69 00:07:09,120 --> 00:07:10,880 his mind kind of got mad. 70 00:07:10,960 --> 00:07:13,080 He used to punch me 71 00:07:13,160 --> 00:07:15,400 and got very abusive with me. 72 00:07:20,360 --> 00:07:25,440 And he hit me so hard to black me out that I had to get rushed to the hospital. 73 00:07:28,480 --> 00:07:30,040 And when I was in the hospital, 74 00:07:30,120 --> 00:07:33,240 the police asked do they want to make a police report. 75 00:07:33,600 --> 00:07:37,320 I said no because what was he just gonna get? Probation? 76 00:07:51,480 --> 00:07:55,080 After that, I was scared, so I called my cousin. 77 00:07:56,800 --> 00:07:58,920 And I told him what was going on. 78 00:07:59,400 --> 00:08:02,760 And he said that there was a gun for sale 79 00:08:02,840 --> 00:08:07,120 and he said it was $100, and I got the gun. 80 00:08:10,600 --> 00:08:13,480 I took my gun, like, everywhere with me. 81 00:08:14,640 --> 00:08:16,480 It was always in my purse. 82 00:08:26,600 --> 00:08:32,040 At this time, I was living on 78th and State in Kansas City, Kansas, 83 00:08:32,120 --> 00:08:36,400 right up the street from the liquor store where I met Hassan. 84 00:08:38,480 --> 00:08:41,720 I drove down to go and buy liquor. 85 00:08:45,760 --> 00:08:49,160 And the man that was at the counter 86 00:08:49,240 --> 00:08:52,560 told me that he know this wasn't my ID. 87 00:08:54,800 --> 00:08:57,880 And that, you know, I can have the liquor if I go on a date 88 00:08:57,960 --> 00:09:00,160 with Hassan because he's looking for a friend. 89 00:09:03,040 --> 00:09:05,280 So I agreed to go on a date. 90 00:09:22,880 --> 00:09:26,400 The day of the date, I dropped my son off at my mother's house. 91 00:09:26,960 --> 00:09:30,520 And my mother didn't want me to go anywhere. 92 00:09:30,600 --> 00:09:32,320 She was telling me that, you know, 93 00:09:32,400 --> 00:09:35,600 she feel like something bad is about to happen, you know. 94 00:09:35,680 --> 00:09:38,040 I'm like, "Mama, it's okay. Everything will be fine." 95 00:09:44,280 --> 00:09:46,520 Hassan picked me up in front of my house. 96 00:09:47,120 --> 00:09:51,680 So I went out and he said that he was taking me to Golden Corral. 97 00:09:52,960 --> 00:09:54,400 Then we got on the highway. 98 00:09:55,320 --> 00:09:58,720 As we was going, I'm like, "We're driving a long time." 99 00:09:58,800 --> 00:10:02,400 And he said, "Yes, I feel like that I wants 100 00:10:02,480 --> 00:10:04,800 to go to the house and take a shower." 101 00:10:05,600 --> 00:10:09,640 So, thinking, you know, me... you know, having a job myself, 102 00:10:09,720 --> 00:10:12,520 I get from working, I would want to take a shower too, 103 00:10:12,600 --> 00:10:14,560 so I had very much understanding. 104 00:10:41,600 --> 00:10:43,360 So when I went to the house, 105 00:10:43,440 --> 00:10:47,040 he asked me did I want some Hennessy and I said yes. 106 00:10:52,840 --> 00:10:53,840 And then... 107 00:10:54,400 --> 00:10:57,760 he gave me something that I didn't even know what it was 108 00:10:57,840 --> 00:10:59,720 and he said that it was PCP. 109 00:11:01,320 --> 00:11:02,880 And so I tried it. 110 00:11:12,560 --> 00:11:14,480 When he got out the shower, 111 00:11:14,560 --> 00:11:17,320 he was butt naked with a condom on. 112 00:11:22,560 --> 00:11:24,320 And he told me that I owed him. 113 00:11:25,240 --> 00:11:28,920 You know, for the liquor and everything else 114 00:11:29,000 --> 00:11:33,440 and he told me that I had to suck his dick or fuck him 115 00:11:33,520 --> 00:11:35,960 or I wasn't going anywhere. 116 00:11:42,920 --> 00:11:44,840 I told him, "Please, no. 117 00:11:44,920 --> 00:11:46,600 Just please let me go home. 118 00:11:47,200 --> 00:11:49,240 Let me go back home to my son." 119 00:11:49,680 --> 00:11:54,000 And he said, "No, you're staying. You're staying with me." 120 00:11:57,600 --> 00:12:01,000 And this man is like 6'7", 121 00:12:02,040 --> 00:12:03,360 200 pounds. 122 00:12:05,080 --> 00:12:07,480 In my mind, I felt like there's... 123 00:12:07,560 --> 00:12:10,400 there's no way I can get away from this man. 124 00:12:22,720 --> 00:12:23,760 And so... 125 00:12:26,040 --> 00:12:28,720 he laid down and... 126 00:12:29,680 --> 00:12:31,440 when he laid down, I... 127 00:12:32,040 --> 00:12:34,120 tried to go the other way. He said no. 128 00:12:38,720 --> 00:12:43,040 So, at the first instant, I grabbed the gun out of my purse. 129 00:12:44,960 --> 00:12:48,640 And I closed my eyes and I shot. 130 00:12:50,800 --> 00:12:52,960 After I shot, he ran towards me. 131 00:12:53,440 --> 00:12:56,280 And when he ran towards me, I'm like, you know, 132 00:12:56,360 --> 00:12:58,600 me as a kid looking at the movies, 133 00:12:58,680 --> 00:13:02,800 like, when you shoot, you know, they cannot move anywhere. 134 00:13:02,880 --> 00:13:06,680 And, no, he came running after me and told me to give him the gun. 135 00:13:06,760 --> 00:13:08,440 I shut the door and I tried to... 136 00:13:08,520 --> 00:13:12,560 He tried to bring the door this way. 137 00:13:12,640 --> 00:13:16,440 So I'm shooting through the door and I'm like, "Please stop." 138 00:13:17,600 --> 00:13:21,600 So then, after that, I ran, grabbed his car keys 139 00:13:22,040 --> 00:13:24,120 and he's still chasing me out. 140 00:13:24,200 --> 00:13:26,480 And I got in his car. 141 00:13:27,200 --> 00:13:29,200 And I didn't know where I was going, 142 00:13:29,280 --> 00:13:31,800 so I just kept on going straight. 143 00:13:40,440 --> 00:13:44,320 And I went to my cousin's house and I told him, 144 00:13:44,400 --> 00:13:46,960 I said, "I'm scared and... 145 00:13:48,360 --> 00:13:52,360 I did something bad and I don't know... I don't know what I should do." 146 00:13:52,440 --> 00:13:54,760 And I wasn't going to call the police, 147 00:13:54,840 --> 00:13:59,200 because I'm like, "Well, um, what would they do to help me?" 148 00:14:47,920 --> 00:14:51,120 I don't believe that my daughter wanted to hurt this man. 149 00:14:53,160 --> 00:14:56,080 He tried to make her do some things sexually 150 00:14:56,160 --> 00:14:57,760 that she didn't want to do. 151 00:15:01,920 --> 00:15:07,000 My name is Stacey Lewis and I'm Cavona Flenoy's mother. 152 00:15:14,600 --> 00:15:17,400 She was very unique, even as a baby. 153 00:15:17,480 --> 00:15:19,840 You know, she had these big, bright bubble eyes 154 00:15:19,920 --> 00:15:21,600 and stuff like that, 155 00:15:21,680 --> 00:15:24,680 but her main thing was dancing. 156 00:15:25,800 --> 00:15:30,200 Cavona was a dancer. She could dance you under the table. 157 00:15:35,880 --> 00:15:40,320 Cavona told the lawyer that she wanted to claim self-defense. 158 00:15:41,640 --> 00:15:45,440 Self-defense is like a five to seven, a seven to ten. 159 00:15:48,320 --> 00:15:54,080 But the lawyer advised Cavona to plead guilty to a second-degree murder, 160 00:15:54,160 --> 00:15:57,200 because she said she was gonna lose in trial. 161 00:16:00,120 --> 00:16:02,520 They gave her no other choice... 162 00:16:03,560 --> 00:16:04,880 but second degree. 163 00:16:36,600 --> 00:16:38,440 I knew she was gonna go to prison. 164 00:16:39,040 --> 00:16:40,840 But the lawyer had told me 165 00:16:40,920 --> 00:16:44,880 that it was up to the judge on how much time that she got. 166 00:16:45,480 --> 00:16:49,920 I thought the most that my daughter would have did was ten. 167 00:16:52,440 --> 00:16:55,160 And then I thought she would do the rest on probation. 168 00:17:13,120 --> 00:17:16,720 I was very shocked when my daughter got 25 years. 169 00:17:21,320 --> 00:17:25,960 Only thing that they cared about is this girl came into Platte County 170 00:17:26,040 --> 00:17:28,320 and she was black, of color. 171 00:17:29,040 --> 00:17:31,160 She killed someone in their county. 172 00:17:31,880 --> 00:17:34,240 And they wanted to prosecute her. 173 00:17:34,640 --> 00:17:36,920 They wanted to send her away. 174 00:17:37,680 --> 00:17:39,760 And they painted that picture. 175 00:17:39,840 --> 00:17:43,880 "If you come in Platte County, this is what you're gonna get." 176 00:17:45,880 --> 00:17:49,080 Going to trial would have been a better option for her, 177 00:17:49,160 --> 00:17:51,800 'cause all the evidence and the truth would come out. 178 00:18:17,280 --> 00:18:22,200 Cavona's plea to second degree was a mistake. 179 00:18:24,600 --> 00:18:27,080 The fact that she pled to second degree 180 00:18:27,600 --> 00:18:30,280 said that she was guilty of things that were not true. 181 00:18:33,560 --> 00:18:37,120 She didn't have that intention to kill him. 182 00:18:37,200 --> 00:18:39,160 She was trying to defend herself. 183 00:18:41,240 --> 00:18:45,160 So that could have been presented to a jury 184 00:18:45,240 --> 00:18:48,440 and I think would have led to a really different outcome for her. 185 00:18:55,040 --> 00:18:56,720 My name is Marilyn Hutchinson. 186 00:18:56,800 --> 00:18:59,080 I am a psychologist in Kansas City, 187 00:18:59,160 --> 00:19:03,920 and I was hired by Cavona Flenoy's defense attorney to evaluate her. 188 00:19:09,520 --> 00:19:14,600 Most of the cases that I do have some sort of inherent tragedy in them. 189 00:19:15,360 --> 00:19:17,560 People who were abused in childhood, 190 00:19:17,640 --> 00:19:21,520 people who had long suffered in domestic violence situations. 191 00:19:22,160 --> 00:19:25,840 Um, this particular case was also true to that. 192 00:19:33,600 --> 00:19:36,680 I met Cavona on August 5th, 2010. 193 00:19:37,400 --> 00:19:41,320 Prior to that, I read a number of the investigations 194 00:19:41,400 --> 00:19:44,560 and interrogations and police reports. 195 00:19:48,320 --> 00:19:51,840 In the DVD that was made of her police interrogation, 196 00:19:51,920 --> 00:19:55,040 one of the things I was struck by when I listened to her 197 00:19:55,120 --> 00:19:59,840 is she had multiple instances of sexual assaults, 198 00:19:59,920 --> 00:20:01,400 beginning at a young age. 199 00:20:02,960 --> 00:20:05,040 I got raped my whole life. 200 00:20:05,440 --> 00:20:08,720 I... I didn't... I didn't trust nobody. 201 00:20:08,800 --> 00:20:10,440 -I understand. -And the people... 202 00:20:10,520 --> 00:20:13,160 The people that raped me so many times... 203 00:20:14,600 --> 00:20:16,680 ...none of them got in trouble. 204 00:20:16,760 --> 00:20:19,480 -None of them got in trouble! -It's okay. 205 00:20:19,560 --> 00:20:20,720 None of them. 206 00:20:21,360 --> 00:20:23,160 How did that happen? 207 00:20:27,600 --> 00:20:31,120 How many times have you been raped? Your relatives? 208 00:20:31,600 --> 00:20:33,480 Your relatives? Your family friends? 209 00:20:33,560 --> 00:20:36,240 Everybody, people that live around my neighborhood. 210 00:20:36,320 --> 00:20:38,320 When I went into sixth grade... 211 00:20:39,720 --> 00:20:42,960 He raped me in his house. It got investigated, got dropped. 212 00:20:43,320 --> 00:20:48,920 Then, the next week, his friend got me in the woods by my house and raped me. 213 00:20:49,000 --> 00:20:52,720 Then his other friend, the next week, came and raped me. 214 00:20:54,280 --> 00:20:56,520 And all three of them, they did it. 215 00:20:56,600 --> 00:20:58,640 So... So messed up! 216 00:20:58,720 --> 00:21:01,400 I found Cavona to be an anxious... 217 00:21:01,960 --> 00:21:02,960 depressed... 218 00:21:03,480 --> 00:21:06,920 slightly suicidal woman who was really scared. 219 00:21:07,400 --> 00:21:11,560 She had multiple instances of sexual assaults, 220 00:21:11,640 --> 00:21:12,920 beginning at a young age. 221 00:21:16,960 --> 00:21:19,840 The first time she was raped, she was 12 years old. 222 00:21:21,880 --> 00:21:25,680 She reported them and nothing happened. 223 00:21:28,400 --> 00:21:30,480 She clearly would have learned... 224 00:21:31,640 --> 00:21:33,400 "I'm not a person who matters. 225 00:21:35,400 --> 00:21:37,520 People can do to me what they want. 226 00:21:38,520 --> 00:21:41,320 People who are in authority aren't really gonna help. 227 00:21:42,200 --> 00:21:43,480 And I'm on my own." 228 00:21:44,760 --> 00:21:47,360 After I completed my interview with her, 229 00:21:47,440 --> 00:21:51,120 I reached my diagnosis that PTSD was very evidenced. 230 00:21:51,200 --> 00:21:53,200 That's post-traumatic stress disorder. 231 00:21:58,320 --> 00:22:00,360 In post-traumatic stress disorder, 232 00:22:00,440 --> 00:22:03,280 there's an immediate freeze, fight or flight 233 00:22:03,360 --> 00:22:06,760 that is completely outside of conscious control 234 00:22:06,840 --> 00:22:08,840 and it's just an impulse in the moment. 235 00:22:11,000 --> 00:22:15,120 What it predisposes you to is to be extremely reactive 236 00:22:15,200 --> 00:22:21,080 in any situation that is similar to that that caused the trauma to begin with. 237 00:22:25,920 --> 00:22:29,360 And he said that, you know, I had to suck his dick or fuck him 238 00:22:29,440 --> 00:22:30,880 or I wasn't going nowhere. 239 00:22:30,960 --> 00:22:36,160 I had the whole flashbacks of when I was 12 and when I was 13. 240 00:22:38,120 --> 00:22:40,720 All that came to my mind at this time, 241 00:22:41,200 --> 00:22:43,960 and, um, I couldn't take no more. 242 00:22:51,800 --> 00:22:55,920 Cavona's history of sexual assaults certainly surpasses 243 00:22:56,280 --> 00:23:00,400 any... normal human experience. 244 00:23:03,400 --> 00:23:05,120 I know that Cavona killed a man. 245 00:23:05,840 --> 00:23:09,600 I believe wholeheartedly that she did that in self-defense. 246 00:23:10,200 --> 00:23:14,440 I believe that the law provides for people to defend themselves 247 00:23:14,520 --> 00:23:17,040 when they are going to be seriously hurt or harmed. 248 00:23:17,640 --> 00:23:21,440 And, as such, I believe that she was treated unfairly 249 00:23:21,520 --> 00:23:22,840 and that it was not just. 250 00:24:10,840 --> 00:24:13,320 Once Cavona pled guilty to murder... 251 00:24:13,920 --> 00:24:16,360 it was going to be extremely difficult 252 00:24:16,440 --> 00:24:19,520 to convince a judge to vacate that guilty plea. 253 00:24:26,120 --> 00:24:27,160 I'm Kate Webber. 254 00:24:27,800 --> 00:24:29,760 I've been an attorney for many years 255 00:24:30,200 --> 00:24:34,120 and I represented Ms. Flenoy on the appeal of the denial 256 00:24:34,200 --> 00:24:36,680 of her post-conviction motion in state court. 257 00:24:38,320 --> 00:24:41,840 I filed a brief with the Court of Appeals, 258 00:24:42,400 --> 00:24:45,920 arguing that, basically, the Motion Court was wrong 259 00:24:46,000 --> 00:24:48,760 and the court should have allowed her to withdraw her plea. 260 00:24:53,200 --> 00:24:56,440 The way the system is now, it's a guilty plea mill. 261 00:24:59,800 --> 00:25:04,360 Only about 3% of people charged with crimes actually go to trial. 262 00:25:04,960 --> 00:25:07,960 And that's because there is unbelievable pressure 263 00:25:08,040 --> 00:25:10,200 from start to finish to plead guilty. 264 00:25:12,440 --> 00:25:16,520 If the 97% of people who plead guilty actually demanded a trial, 265 00:25:17,080 --> 00:25:18,760 the system would grind to a halt. 266 00:25:19,360 --> 00:25:22,440 I mean... ...we don't have the resources for that. 267 00:25:29,280 --> 00:25:32,480 I think what stands out about this case is... 268 00:25:36,320 --> 00:25:38,640 ...that the plea was so coerced. 269 00:25:40,800 --> 00:25:44,560 In Platte County, a plea offer there is sort of a carrot and a stick. 270 00:25:45,880 --> 00:25:49,600 "Here's the good thing we'll do. We'll recommend second-degree murder. 271 00:25:51,280 --> 00:25:53,760 But if you don't accept this offer by this date, 272 00:25:53,840 --> 00:25:56,720 we will recharge this case as first-degree murder." 273 00:25:57,080 --> 00:25:58,600 And, in my experience, 274 00:25:58,680 --> 00:26:01,200 they almost always follow through with that threat. 275 00:26:01,760 --> 00:26:04,160 So, I mean, in my opinion, 276 00:26:04,240 --> 00:26:08,000 that's unconstitutionally coercing a guilty plea. 277 00:26:08,640 --> 00:26:14,040 Um, you don't punish somebody for exercising their constitutional right 278 00:26:14,520 --> 00:26:17,800 to make the state prove them guilty beyond a reasonable doubt. 279 00:26:17,880 --> 00:26:19,520 And I think that's what it does. 280 00:26:23,600 --> 00:26:26,240 What choice did Ms. Flenoy have at that point? 281 00:26:26,720 --> 00:26:30,360 "Roll the dice and maybe never see my two-year-old son again 282 00:26:30,440 --> 00:26:32,560 outside the walls of a prison... 283 00:26:33,080 --> 00:26:35,600 or just go ahead and take this sentence 284 00:26:35,680 --> 00:26:39,920 and hope that the judge sees through it and gives me some decent time." 285 00:26:40,000 --> 00:26:41,520 What kind of choice is that? 286 00:26:49,720 --> 00:26:51,320 It's just very unfortunate 287 00:26:51,400 --> 00:26:55,560 that this happened to occur in Platte County, in my opinion, 288 00:26:55,640 --> 00:26:58,480 because I think a young white woman 289 00:26:58,560 --> 00:27:01,160 with the same circumstances and background, 290 00:27:01,240 --> 00:27:03,760 there probably would have been a different outcome. 291 00:27:07,960 --> 00:27:12,400 I think that plays a factor. After all, the prosecutor is an elected official. 292 00:27:12,880 --> 00:27:15,080 He's elected by the people around him 293 00:27:15,160 --> 00:27:17,320 and the people around him are largely white. 294 00:27:19,600 --> 00:27:22,720 The larger cities tend to understand... 295 00:27:23,440 --> 00:27:27,520 the realities of what Ms. Flenoy's life was like. 296 00:27:28,240 --> 00:27:30,600 And Platte County doesn't. 297 00:27:49,560 --> 00:27:51,960 The citizens of Platte County have decided 298 00:27:52,040 --> 00:27:54,280 that they believed in strict law enforcement. 299 00:27:58,240 --> 00:28:03,040 We likely have higher sentences for murder than many other counties. 300 00:28:05,880 --> 00:28:08,280 It's not uncommon for us to have defendants who say, 301 00:28:08,360 --> 00:28:10,960 "If I had known I was committing this crime in Platte County, 302 00:28:11,040 --> 00:28:12,440 I never would have done it." 303 00:28:14,520 --> 00:28:18,480 That, to me, is exactly what I want would-be criminals to think. 304 00:28:21,280 --> 00:28:24,880 I'm Eric Zahnd. I'm the Platte County, Missouri, prosecuting attorney. 305 00:28:25,760 --> 00:28:28,400 I've been a prosecutor since 2003. 306 00:28:29,480 --> 00:28:32,760 I prosecuted the case against Cavona Flenoy. 307 00:28:35,000 --> 00:28:39,600 Cavona Flenoy looked like an innocent little girl. 308 00:28:40,280 --> 00:28:46,000 Uh, her actions demonstrated her to be a very dangerous 309 00:28:46,400 --> 00:28:49,040 and violent, murderous person. 310 00:28:49,600 --> 00:28:52,280 I believe that... that we could have proven, 311 00:28:52,360 --> 00:28:55,360 um, a... a first-degree murder case 312 00:28:55,440 --> 00:28:59,080 and Ms. Flenoy would have spent the rest of her life in prison 313 00:28:59,160 --> 00:29:00,880 without any possibility of parole. 314 00:29:05,760 --> 00:29:10,080 At the same time, because of... of Ms. Flenoy's young age, 315 00:29:10,640 --> 00:29:13,400 uh, because of, um, some of the other things 316 00:29:13,480 --> 00:29:16,080 that she had gone through as a child, we believed... 317 00:29:17,000 --> 00:29:21,720 that we could obtain justice with a... with a second-degree murder charge. 318 00:29:21,800 --> 00:29:25,080 So we allowed her to plead guilty to that second-degree murder 319 00:29:25,160 --> 00:29:27,920 where we asked for life in prison. 320 00:29:28,000 --> 00:29:30,880 Now, that means that she'll still be eligible for parole 321 00:29:31,280 --> 00:29:32,800 by the time she's about 40 322 00:29:32,880 --> 00:29:36,160 and will certainly be released by the time she's 45. 323 00:29:36,240 --> 00:29:40,280 So she'll have a chance to... to re-enter, um, society, 324 00:29:40,360 --> 00:29:43,200 to, um, I assume, 325 00:29:43,280 --> 00:29:46,600 to reconnect with her... with her son, who was quite young. 326 00:29:49,440 --> 00:29:51,800 I do think that Ms. Flenoy had a choice to make. 327 00:29:51,880 --> 00:29:54,760 Whether she wanted to plead guilty to second-degree murder 328 00:29:55,160 --> 00:29:57,600 or whether she wanted to take that case to trial 329 00:29:57,680 --> 00:30:02,080 and risk facing life in prison without the possibility of parole. 330 00:30:05,200 --> 00:30:07,600 I think it was a fairly generous plea agreement, 331 00:30:07,680 --> 00:30:09,040 given the facts of this case. 332 00:30:38,560 --> 00:30:39,560 Ms. Flenoy... 333 00:30:40,640 --> 00:30:44,040 went to that apartment with Mr. Abbas for one reason only. 334 00:30:44,520 --> 00:30:45,560 To take his money. 335 00:30:46,960 --> 00:30:49,040 And she shot him three times. 336 00:30:49,120 --> 00:30:52,440 Once in the chest, once in the face and once in the side. 337 00:30:56,240 --> 00:30:58,680 It shows no intent of self-defense. 338 00:31:01,040 --> 00:31:03,240 My name is Detective Sergeant Dennis Jones. 339 00:31:03,680 --> 00:31:06,600 I was one of the detectives for the... 340 00:31:07,520 --> 00:31:10,320 Hassan Abbas homicide here in Riverside. 341 00:31:13,800 --> 00:31:15,880 The city of Riverside is not that large, 342 00:31:15,960 --> 00:31:19,360 so when a homicide does occur, it's a little bit of a shock. 343 00:31:19,840 --> 00:31:22,040 It upsets them that something like that can happen here, 344 00:31:22,120 --> 00:31:24,280 because it's not supposed to happen in your community. 345 00:31:24,360 --> 00:31:26,400 Uh, especially one of this size. 346 00:31:34,320 --> 00:31:37,680 We are at the complex where Mr. Abbas lived. 347 00:31:38,520 --> 00:31:41,400 This is his building here, his door to his apartment. 348 00:31:47,680 --> 00:31:51,640 We got the call from the roommate, saying that he found Mr. Abbas on the floor. 349 00:31:51,720 --> 00:31:53,120 Uh, obviously been shot. 350 00:31:53,600 --> 00:31:55,600 On the, uh, officers' arrival, 351 00:31:55,680 --> 00:31:57,640 they found him near the front door. 352 00:31:58,400 --> 00:32:01,720 You could obviously see the, uh, the victim, Mr. Abbas... 353 00:32:02,560 --> 00:32:06,240 uh, was not shot in the doorway. He had moved throughout the apartment. 354 00:32:09,000 --> 00:32:11,480 This is the... the floor plan of the apartment. 355 00:32:12,520 --> 00:32:14,360 This was his bedroom here. 356 00:32:14,760 --> 00:32:18,200 And that was where the first shot was fired, while he was in the bed. 357 00:32:18,760 --> 00:32:20,000 He was able to get up... 358 00:32:20,640 --> 00:32:23,800 and she fired again and hit him in the chest and in the face. 359 00:32:24,200 --> 00:32:26,400 Uh, he came around this way. 360 00:32:26,480 --> 00:32:29,400 She fired again, missed and hit the wall. 361 00:32:29,480 --> 00:32:33,320 She went out the bedroom door to the, uh... 362 00:32:34,120 --> 00:32:35,800 front room, he followed her 363 00:32:36,240 --> 00:32:38,440 and collapsed right there by the front door. 364 00:32:39,280 --> 00:32:42,280 His car keys were missing. His wallet was missing. 365 00:32:42,840 --> 00:32:45,560 The roommate was able to give us some good information 366 00:32:45,640 --> 00:32:49,160 on a female that had visited and that's, um, how this opened up. 367 00:33:01,040 --> 00:33:05,960 We were able to, uh, identify Ms. Flenoy pretty... pretty quickly 368 00:33:06,040 --> 00:33:07,800 with information from the roommate. 369 00:33:08,440 --> 00:33:12,840 And we were able to, uh, get her name from the clerk at the liquor store. 370 00:33:13,320 --> 00:33:15,080 So we knew who we were looking for. 371 00:33:15,480 --> 00:33:18,920 Uh, she had his car, so we knew what kind of vehicle to look for. 372 00:33:26,120 --> 00:33:29,600 When she was arrested, she was transported to the police station here 373 00:33:29,680 --> 00:33:31,480 and interviewed by two detectives. 374 00:33:32,080 --> 00:33:35,280 Walk me through this weekend, tell me how it got out of control. 375 00:33:35,760 --> 00:33:39,400 At first, she tried to make it seem like it was self-defense. 376 00:33:39,480 --> 00:33:43,200 He was, uh, going to rape her, that was the story, and that she felt... 377 00:33:43,960 --> 00:33:45,960 uh, that she needed to protect herself. 378 00:33:47,440 --> 00:33:50,800 If he wouldn't have did that, I would have never did that. 379 00:33:50,880 --> 00:33:52,680 I swear to God. 380 00:33:53,520 --> 00:33:55,560 I was just so scared. 381 00:33:56,520 --> 00:33:59,080 But during the investigation, we found out 382 00:33:59,160 --> 00:34:01,600 that she planned out this whole event. 383 00:34:02,240 --> 00:34:03,720 So she wasn't a victim. 384 00:34:04,800 --> 00:34:08,720 We found out that she goes back to his apartment more than once. 385 00:34:09,480 --> 00:34:11,680 On... Were you over there Sunday afternoon? 386 00:34:12,160 --> 00:34:16,080 No, I wasn't over there Sunday. I was just over there Friday and Tuesday. 387 00:34:16,160 --> 00:34:18,120 Did you spend the night, Friday night? 388 00:34:18,640 --> 00:34:21,720 -Yeah. He took me home Saturday morning. -Okay. 389 00:34:22,520 --> 00:34:26,400 So she spent the night with him Friday night, and he takes her home. 390 00:34:26,720 --> 00:34:29,040 That Saturday afternoon, she purchases a gun. 391 00:34:29,600 --> 00:34:31,160 How long have you had that gun? 392 00:34:31,240 --> 00:34:33,000 I just got it on Saturday. 393 00:34:33,760 --> 00:34:35,360 We discovered that she knew 394 00:34:35,440 --> 00:34:40,840 that he had just recently received $2,400 in tax return money. 395 00:34:40,920 --> 00:34:42,280 That was the real motive. 396 00:34:42,600 --> 00:34:46,760 It was some type of robbery or some way of getting some type of cash 397 00:34:46,840 --> 00:34:50,520 or some type of, um, monetary value from Mr. Abbas. 398 00:34:50,600 --> 00:34:53,600 That's the reason she was there, the reason she bought a gun. 399 00:34:56,360 --> 00:35:00,160 This is not someone who is in fear for her safety. 400 00:35:00,240 --> 00:35:02,800 This is a woman who knew what she was doing, 401 00:35:02,880 --> 00:35:04,320 just didn't plan it out very well. 402 00:35:34,000 --> 00:35:38,000 We may never know the full extent of what happened in that apartment. 403 00:35:39,640 --> 00:35:41,840 But the evidence points to the fact 404 00:35:41,920 --> 00:35:45,400 that Ms. Flenoy may have wanted to rob Mr. Abbas 405 00:35:45,480 --> 00:35:47,240 and he died in that encounter. 406 00:35:49,720 --> 00:35:53,840 In my opinion, she didn't give a full account of that, uh, murder 407 00:35:53,920 --> 00:35:57,200 until she was left alone in the interview room 408 00:35:57,600 --> 00:35:59,840 with a couple of pieces of notebook paper. 409 00:36:01,040 --> 00:36:02,960 And among the things she wrote 410 00:36:03,320 --> 00:36:06,720 was, "I push him down like I was about to fuck him. 411 00:36:07,520 --> 00:36:10,160 I got the gun and I just pulled the trigger." 412 00:36:13,200 --> 00:36:17,880 That, to me, is the most forthright admission from Ms. Flenoy 413 00:36:18,280 --> 00:36:20,360 as to what really happened in this case 414 00:36:20,440 --> 00:36:23,800 and, frankly, that amounts, in the State of Missouri, 415 00:36:23,880 --> 00:36:25,240 to first-degree murder. 416 00:36:25,760 --> 00:36:27,560 Premeditated murder. 417 00:36:27,960 --> 00:36:31,240 She, in the words of the Missouri law, deliberated. 418 00:36:31,560 --> 00:36:35,040 She coolly reflected upon the matter for some period of time, 419 00:36:35,440 --> 00:36:36,720 no matter how brief, 420 00:36:37,280 --> 00:36:40,640 and decided that she was going to shoot Mr. Abbas, 421 00:36:41,040 --> 00:36:43,240 ultimately resulting in... in his death. 422 00:36:49,600 --> 00:36:54,600 Hassan Abbas paid for Cavona Flenoy's crimes with his life. 423 00:36:56,680 --> 00:37:01,280 I believe that a long prison term was absolutely justified. 424 00:37:25,640 --> 00:37:28,120 I don't see how the world is safer 425 00:37:28,200 --> 00:37:31,920 because Cavona Flenoy is in prison for 25 years. 426 00:37:35,560 --> 00:37:36,560 She took a life, 427 00:37:36,640 --> 00:37:37,960 but she is not a killer. 428 00:37:41,040 --> 00:37:45,400 If the state's theory was this was... this was a planned robbery, 429 00:37:45,480 --> 00:37:48,280 this was a planned murder, this was deliberation, 430 00:37:48,360 --> 00:37:52,040 she planned to kill somebody to take his car or his credit cards 431 00:37:52,120 --> 00:37:55,040 or... or, you know, any other property, 432 00:37:55,120 --> 00:38:00,480 it doesn't fit with the dozens of cases that I've seen where that's happened. 433 00:38:05,160 --> 00:38:08,800 She did take his car, because he had driven her over there. 434 00:38:08,880 --> 00:38:10,000 She had no way to get home. 435 00:38:10,720 --> 00:38:14,080 She tried to use the gas card because the car was on empty. 436 00:38:15,160 --> 00:38:20,160 I mean, these are the actions of somebody who felt threatened, panicked 437 00:38:20,240 --> 00:38:23,040 and then really panicked when she realized what happened. 438 00:38:24,200 --> 00:38:27,320 You don't leave your shoes at a crime scene. 439 00:38:27,720 --> 00:38:31,280 You don't run out. That's the action of someone who's panicking. 440 00:38:37,600 --> 00:38:41,760 The police utilized all the familiar tactics to... 441 00:38:42,680 --> 00:38:44,800 encourage her to talk to them, 442 00:38:45,480 --> 00:38:48,560 which she had no obligation to do whatsoever. 443 00:38:49,560 --> 00:38:54,120 Now, the state that Cavona Flenoy must have been in 444 00:38:54,200 --> 00:38:56,320 at that point, emotionally, 445 00:38:56,400 --> 00:38:58,240 I can't begin to imagine. 446 00:38:58,320 --> 00:39:01,400 But they interrupt that interrogation 447 00:39:01,880 --> 00:39:06,160 and they leave her with a pad of paper and a pen. 448 00:39:06,960 --> 00:39:09,320 Write a letter to yourself, God, to your mother. 449 00:39:09,400 --> 00:39:11,520 Whatever you want to do. That's totally up to you. 450 00:39:11,600 --> 00:39:14,520 Doodle, draw. Whatever helps you to relax. Okay? 451 00:39:15,200 --> 00:39:16,880 This is a common tactic 452 00:39:16,960 --> 00:39:19,600 for getting people to make incriminating statements 453 00:39:19,680 --> 00:39:24,040 or statements that could be twisted into incriminating statements. 454 00:39:27,440 --> 00:39:31,160 One little line of that could be interpreted... 455 00:39:32,120 --> 00:39:34,280 as incriminating. 456 00:39:35,320 --> 00:39:37,600 But I think it's a very ambiguous statement. 457 00:39:38,320 --> 00:39:41,640 And there were many, many other statements in that doodling 458 00:39:41,720 --> 00:39:47,040 that directly contradict the inference that the state was trying to portray. 459 00:39:48,760 --> 00:39:51,320 For example, those notes included a comment 460 00:39:51,400 --> 00:39:54,880 that there was just no way she was going to have sex with this guy. 461 00:39:58,360 --> 00:40:00,640 But Mr. Zahnd didn't bring that part out. 462 00:40:01,280 --> 00:40:05,400 He brought out the one thing that she said that could be... 463 00:40:06,360 --> 00:40:08,240 twisted to look incriminating. 464 00:40:11,080 --> 00:40:16,360 And once they have that, then they own that interrogation. 465 00:40:16,920 --> 00:40:18,600 Because they can go from there. 466 00:40:19,200 --> 00:40:20,480 And that's what happened. 467 00:40:40,440 --> 00:40:42,360 I feel like this is a dream 468 00:40:42,440 --> 00:40:44,400 and, one day, I'm gonna wake up. 469 00:40:47,120 --> 00:40:50,000 At that time, I was going through my own thing, 470 00:40:50,080 --> 00:40:52,640 my own mental illness. 471 00:40:54,080 --> 00:40:55,800 I just feel like, um, 472 00:40:55,880 --> 00:40:57,320 why am I here? 473 00:40:58,320 --> 00:41:00,800 'Cause sometimes I don't feel like it's fair. 474 00:41:16,680 --> 00:41:19,320 My plea offer, um... 475 00:41:21,160 --> 00:41:23,040 ...it wasn't for real a plea offer. 476 00:41:23,120 --> 00:41:25,320 They mainly told me, um... 477 00:41:25,960 --> 00:41:28,040 if I don't take the second-degree murder, 478 00:41:28,120 --> 00:41:30,840 um, they're gonna make sure I never see my son again 479 00:41:30,920 --> 00:41:34,160 and I will live in the penitentiary for the rest of my life. 480 00:41:38,440 --> 00:41:42,480 If I have my time again, um, I will take it to trial 481 00:41:42,560 --> 00:41:43,680 and I will... 482 00:41:45,120 --> 00:41:48,920 explain, get to explain everything. 483 00:41:51,400 --> 00:41:53,720 How many times did you go to that apartment? 484 00:41:53,800 --> 00:41:54,800 One time. 485 00:41:55,360 --> 00:41:56,960 And that was the day that... 486 00:41:57,520 --> 00:41:58,680 that happened. 487 00:42:02,960 --> 00:42:05,520 She planned out this whole event. 488 00:42:06,080 --> 00:42:07,520 So she wasn't a victim. 489 00:42:08,240 --> 00:42:10,960 She goes back to his apartment more than once. 490 00:42:12,400 --> 00:42:16,320 She spent the night with him Friday night, and he takes her home. 491 00:42:16,400 --> 00:42:18,720 That Saturday afternoon, she purchases a gun 492 00:42:18,800 --> 00:42:20,000 and she shoots him. 493 00:42:27,280 --> 00:42:28,720 Some stuff... 494 00:42:30,000 --> 00:42:32,080 Like, um, I don't know. 495 00:42:32,160 --> 00:42:37,240 Like, in that time, I was on drugs and alcohol. 496 00:42:37,320 --> 00:42:40,200 Like, I don't remember everything. 497 00:42:40,960 --> 00:42:42,200 You know? So... 498 00:42:49,160 --> 00:42:52,160 It's... it's not like, you know, I'm one of the persons 499 00:42:52,240 --> 00:42:56,640 that got up in the morning and said, "Today, I'm gonna shoot somebody." 500 00:42:57,200 --> 00:42:58,240 No. 501 00:42:58,320 --> 00:43:00,000 No, I, um... 502 00:43:00,760 --> 00:43:03,320 I didn't even remember I had the gun... 503 00:43:04,280 --> 00:43:07,400 in my purse until I was in the room. 504 00:43:07,960 --> 00:43:10,400 Like, it was in my purse, um... 505 00:43:11,880 --> 00:43:15,160 a week and a half before I even met Hassan. 506 00:43:19,120 --> 00:43:22,360 In my opinion, she didn't give a full account of that murder 507 00:43:22,760 --> 00:43:25,880 until she was left alone in the interview room 508 00:43:26,360 --> 00:43:28,600 with a couple of pieces of notebook paper. 509 00:43:30,400 --> 00:43:33,120 And among the things, um, she wrote 510 00:43:33,480 --> 00:43:36,680 was, "I push him down like I was about to fuck him. 511 00:43:36,760 --> 00:43:39,200 I got the gun and I just pulled the trigger." 512 00:43:41,920 --> 00:43:42,920 I mean, at... 513 00:43:44,320 --> 00:43:47,120 that time of, um, the video, um... 514 00:43:52,680 --> 00:43:53,680 um... 515 00:43:55,120 --> 00:43:56,880 I don't know, I guess I was just... 516 00:43:57,640 --> 00:43:59,840 writing stuff down of, you know... 517 00:44:01,160 --> 00:44:05,760 a lot of stuff that, um, happened that I didn't say, but... 518 00:44:06,360 --> 00:44:08,480 it's like I say, it came out the wrong way. 519 00:44:09,720 --> 00:44:13,000 You know, like, "Push him down so I could fuck him." Um... 520 00:44:13,760 --> 00:44:16,240 I literally was trying to have in my mind 521 00:44:16,880 --> 00:44:21,400 what is the faster way that can keep him down and I'm up, 522 00:44:21,480 --> 00:44:22,560 that I can run. 523 00:44:24,000 --> 00:44:26,920 But, um, through my mind, um... 524 00:44:27,920 --> 00:44:29,920 I... I felt like, after that... 525 00:44:30,720 --> 00:44:32,480 I don't have no chance. 526 00:44:33,920 --> 00:44:36,560 I felt like the only option was to shoot. 527 00:44:43,840 --> 00:44:46,280 That person that was there that night was not me. 528 00:44:46,680 --> 00:44:49,920 It was, uh, that scared little girl at the age of 12 529 00:44:50,000 --> 00:44:53,160 that was going through all of them emotions, 530 00:44:53,640 --> 00:44:59,360 um, that really didn't get healed and really didn't forgive... 531 00:45:00,360 --> 00:45:02,920 all them times that I was hurt, um... 532 00:45:04,280 --> 00:45:06,520 Now I have 25 years. 533 00:45:07,840 --> 00:45:10,040 Like, is this really my life? 534 00:45:10,840 --> 00:45:11,920 Is it really? 535 00:45:14,080 --> 00:45:15,880 Is this really what I deserve? 536 00:45:20,560 --> 00:45:21,960 I wish I could take it back. 537 00:45:24,000 --> 00:45:26,640 I wish I could take it back, but I can't.