1 00:00:12,542 --> 00:00:13,458 (DISPATCHER SPEAKING) 2 00:00:14,083 --> 00:00:15,583 (CALLER SPEAKING) 3 00:00:19,625 --> 00:00:21,250 (DISPATCHER SPEAKING) 4 00:00:22,958 --> 00:00:25,125 (CALLER SPEAKING) 5 00:00:30,125 --> 00:00:31,250 (OFFICER SPEAKING) 6 00:00:32,042 --> 00:00:33,500 (OFFICER SPEAKING) 7 00:00:37,875 --> 00:00:39,750 (OFFICER ON RADIO) 8 00:00:44,125 --> 00:00:45,583 (ASHLEY SPEAKING) 9 00:00:54,083 --> 00:00:55,625 JESS: If you had a man that had beaten you, 10 00:00:55,708 --> 00:00:58,125 and all of a sudden, this man was going at your child, 11 00:00:58,208 --> 00:00:59,750 what would you do? 12 00:01:03,875 --> 00:01:06,625 That's the reason why I got up and fought every day, 13 00:01:06,708 --> 00:01:08,292 was to protect them. 14 00:01:08,375 --> 00:01:10,417 JESS: Ashley's got a lot on the line. 15 00:01:10,500 --> 00:01:13,000 She is looking at life in prison if she's convicted. 16 00:01:13,083 --> 00:01:15,208 PROSECUTOR: Two separate stabbings. 17 00:01:15,333 --> 00:01:16,667 That's not self-defense, Your Honor. 18 00:01:16,708 --> 00:01:18,292 (CRIES) 19 00:01:34,375 --> 00:01:38,125 My name is Jess Hoeme. I'm a criminal defense attorney in Wichita, Kansas. 20 00:01:38,208 --> 00:01:40,375 I am representing Ashley Pearson. 21 00:01:40,542 --> 00:01:42,167 She's charged with second degree murder 22 00:01:42,250 --> 00:01:45,833 for having stabbed her live-in boyfriend 23 00:01:45,958 --> 00:01:48,125 and the father of one of her children. 24 00:01:48,208 --> 00:01:51,583 The punishment for second degree murder is up to 41 years in prison. 25 00:01:54,458 --> 00:01:57,250 On the evening of September 14th, 2018, 26 00:01:57,333 --> 00:01:58,667 Ashley was home with her family 27 00:01:58,792 --> 00:02:01,667 when at about 11.30, her boyfriend Kyle Hill, 28 00:02:01,792 --> 00:02:03,583 returned from the bar. 29 00:02:03,667 --> 00:02:06,708 Ashley said Kyle came home very intoxicated. 30 00:02:08,375 --> 00:02:10,167 His intoxication proceeded 31 00:02:10,250 --> 00:02:12,125 until about two o'clock in the morning, 32 00:02:12,208 --> 00:02:14,417 when he became enraged that there were no leftovers 33 00:02:14,500 --> 00:02:16,375 from the dinner that Ashley had made for him. 34 00:02:18,167 --> 00:02:20,542 Ashley claims that Kyle grabbed her by the back of the head 35 00:02:20,667 --> 00:02:22,292 and slams her head on the counter, 36 00:02:22,375 --> 00:02:25,625 and proceeds to punch her in the back of the head. 37 00:02:25,708 --> 00:02:28,833 Ashley told me that the noise caused her toddler to wake up 38 00:02:28,917 --> 00:02:32,000 and come from her bed into the hallway crying, 39 00:02:32,083 --> 00:02:36,125 and that Kyle was enraged even more in his drunken state. 40 00:02:36,208 --> 00:02:40,417 Ashley saw Kyle approaching the toddler in an aggressive way, 41 00:02:40,500 --> 00:02:42,750 and she knew that she had to protect her baby. 42 00:02:44,542 --> 00:02:48,333 She grabbed a knife to brandish it in such a way, 43 00:02:48,375 --> 00:02:51,333 hoping that Kyle would stop his approach, 44 00:02:51,375 --> 00:02:53,542 and during his advance towards the toddler, 45 00:02:53,667 --> 00:02:56,333 Ashley stabbed Kyle in the chest, causing his death. 46 00:03:07,375 --> 00:03:09,500 Initially, Ashley was not charged. 47 00:03:09,583 --> 00:03:12,458 The county attorney at that time declined to file charges, 48 00:03:12,542 --> 00:03:14,500 making a determination that in his opinion, 49 00:03:14,583 --> 00:03:15,875 she was acting in self-defense. 50 00:03:17,125 --> 00:03:18,958 For four years following this incident, 51 00:03:19,042 --> 00:03:20,500 Ashley tried to move on with her life, 52 00:03:20,542 --> 00:03:23,167 but after a change in administration, 53 00:03:23,250 --> 00:03:25,167 a new County attorney reviewed the case 54 00:03:25,250 --> 00:03:26,667 and had a different opinion of it. 55 00:03:36,958 --> 00:03:39,333 The County attorney's perception of the cut to the arm, 56 00:03:39,417 --> 00:03:41,750 is that Ashley had intent in mind 57 00:03:41,875 --> 00:03:43,292 when she committed the act, 58 00:03:43,375 --> 00:03:45,375 and so he made a determination 59 00:03:45,458 --> 00:03:47,333 that second degree murder should be charged. 60 00:03:49,083 --> 00:03:52,333 Our defense of Ashley is exclusively self-defense, 61 00:03:52,417 --> 00:03:54,250 but the challenge in this case is that 62 00:03:54,375 --> 00:03:55,917 there were only two adults in that house, 63 00:03:56,000 --> 00:03:57,333 and one of them is dead now. 64 00:03:57,375 --> 00:03:59,542 And the difficulty for me, 65 00:03:59,667 --> 00:04:02,500 is if I can't prove that Ashley's version of the story is true, 66 00:04:02,542 --> 00:04:04,667 then she could go to prison for 41 years. 67 00:04:20,042 --> 00:04:22,417 (CHUCKLING) Water baby. 68 00:04:34,917 --> 00:04:36,250 ASHLEY: It was my birthday. 69 00:04:36,333 --> 00:04:38,458 I was getting ready to go out to dinner. 70 00:04:38,542 --> 00:04:41,250 All of a sudden, there's a knock on the door. 71 00:04:41,333 --> 00:04:44,750 The investigator said he had an arrest warrant for second degree murder. 72 00:04:45,875 --> 00:04:49,333 Then I just... melted. 73 00:04:49,375 --> 00:04:51,958 My kids were standing right behind me. 74 00:04:52,042 --> 00:04:55,333 I'm trying to hold it together, and not panic them. 75 00:04:55,417 --> 00:04:56,583 It was such-- It was just 76 00:04:56,667 --> 00:04:58,375 such a horrible situation to be in. 77 00:05:11,083 --> 00:05:12,250 (WHINES) 78 00:05:15,625 --> 00:05:17,667 Take your time and make them super pretty though, okay? 79 00:05:17,708 --> 00:05:19,833 CHILD: Yeah. 80 00:05:19,875 --> 00:05:22,833 ASHLEY: Okay, I'm gonna go and grab the drawers, and the keys, and my coffee. 81 00:05:22,917 --> 00:05:23,833 Do you need help? 82 00:05:35,042 --> 00:05:36,625 My kids have been through enough, 83 00:05:36,708 --> 00:05:39,125 and for them to show up on my birthday. 84 00:05:39,208 --> 00:05:40,917 They sat here and watched me, 85 00:05:41,000 --> 00:05:44,250 like, you say goodbye. Like, say goodbye to them. 86 00:05:44,333 --> 00:05:45,708 (VOICE BREAKING) But when I walked out the door, 87 00:05:45,792 --> 00:05:47,708 I didn't know how long I was gonna be gone. 88 00:05:59,250 --> 00:06:02,417 Ever since the re-arrest, the kids have a problem with me leaving and stuff like that. 89 00:06:03,667 --> 00:06:04,792 They were never like that before. 90 00:06:04,875 --> 00:06:06,708 They would have no problem with you leaving 91 00:06:06,833 --> 00:06:08,208 because they knew you were coming back. 92 00:06:08,292 --> 00:06:11,500 Yeah, I've done what I can to, like, appease them for now, 93 00:06:11,542 --> 00:06:13,500 but if there's the day that I walk out 94 00:06:13,583 --> 00:06:16,792 and I can't come home, like, that means I've... 95 00:06:16,875 --> 00:06:18,583 -you know-- -No, you can't think like that. 96 00:06:23,250 --> 00:06:24,875 AMANDA: I know that I can never, ever, 97 00:06:24,958 --> 00:06:27,417 fully understand what she's going through. 98 00:06:27,500 --> 00:06:29,333 I don't think anybody can. 99 00:06:30,125 --> 00:06:31,625 She's had all these years 100 00:06:31,708 --> 00:06:35,667 to move on from what had happened. 101 00:06:35,708 --> 00:06:39,167 ASHLEY: Jail, would be devastating on everybody. 102 00:06:39,250 --> 00:06:40,833 I already know the consequences, 103 00:06:40,917 --> 00:06:43,333 but to think about what their little minds 104 00:06:43,417 --> 00:06:45,208 are gonna go through is horrible. 105 00:06:45,333 --> 00:06:46,917 It's such a sickening feeling. 106 00:06:56,042 --> 00:06:57,667 JESS: So, today I'd like to bring Ashley in 107 00:06:57,750 --> 00:06:59,250 to meet with her to talk about 108 00:06:59,333 --> 00:07:02,292 some of the more fine details of the events of that night... 109 00:07:02,375 --> 00:07:03,625 Hi, Ashley. How are you today? 110 00:07:03,708 --> 00:07:04,667 I'm good. How are you doing? 111 00:07:04,792 --> 00:07:06,417 Come on in. Let's go sit. 112 00:07:06,500 --> 00:07:08,875 ...and why it was, that she felt in that moment, 113 00:07:08,958 --> 00:07:11,333 that the only way that her child was gonna survive, 114 00:07:11,375 --> 00:07:14,167 was to use the knife, uh, to protect herself? 115 00:07:16,000 --> 00:07:17,667 All right. 116 00:07:17,750 --> 00:07:21,000 So, let's talk about that night, September 14th. 117 00:07:21,083 --> 00:07:23,375 So, um, that night, 118 00:07:23,458 --> 00:07:25,375 the kids went to bed really good. 119 00:07:25,458 --> 00:07:27,333 Kyle and I, we had had such a good day, 120 00:07:27,375 --> 00:07:30,583 and he was in, I mean, in a good mood, 121 00:07:30,667 --> 00:07:33,667 and then his mom called to remind him, 122 00:07:33,750 --> 00:07:35,667 "Hey, you're supposed to be taking me to the bar." 123 00:07:35,750 --> 00:07:38,542 I think he was gone, like, an hour and a half, probably. 124 00:07:38,625 --> 00:07:40,417 Did you observe him to be drunk? 125 00:07:40,542 --> 00:07:42,917 Yes. I did-- I did know 126 00:07:43,000 --> 00:07:45,708 that he was intoxicated at that point. 127 00:07:45,792 --> 00:07:49,042 So, what happened between midnight and 2:33? 128 00:07:49,042 --> 00:07:51,833 He was upset that there was no more food left. 129 00:07:51,917 --> 00:07:54,917 So, he slammed my head down... (VOICE CHOKING) 130 00:07:57,125 --> 00:08:00,542 ...and, uh, he hits me in the back of the head a couple of times. 131 00:08:02,958 --> 00:08:05,167 He was particularly violent when he drank? 132 00:08:05,250 --> 00:08:06,458 Yeah. 133 00:08:07,792 --> 00:08:10,667 It was like something masked over him. (SNIFFLES) 134 00:08:10,750 --> 00:08:13,208 You could tell when that... that switch happened. 135 00:08:13,333 --> 00:08:15,792 And it would take something super small or take nothing. 136 00:08:16,458 --> 00:08:17,500 What happens next? 137 00:08:17,583 --> 00:08:19,875 I heard my daughter wake up crying. 138 00:08:28,875 --> 00:08:31,667 He says, "All that (BLEEP) baby does is cry". 139 00:08:31,750 --> 00:08:34,458 And, like, that he was gonna stop it. 140 00:08:35,792 --> 00:08:37,667 At that time, any time she cried, 141 00:08:37,708 --> 00:08:41,042 I mean, it was... annoying to him. 142 00:08:41,125 --> 00:08:43,167 Just, he couldn't stand it. 143 00:08:43,250 --> 00:08:47,042 So, he tries to go through me to get to her. 144 00:08:47,125 --> 00:08:50,000 What do you think Kyle was gonna do to your daughter? 145 00:08:50,083 --> 00:08:53,375 I know in the state of mind he was in, 146 00:08:53,458 --> 00:08:56,667 and the results of what had happened to me, 147 00:08:56,708 --> 00:08:59,083 if he would have got to her, 148 00:08:59,167 --> 00:09:03,292 I know he would have severely hurt her, I know that. 149 00:09:03,375 --> 00:09:07,125 So, that knife was sitting there and that's just what I grabbed. 150 00:09:08,958 --> 00:09:11,583 Not to harm him, but just to wake... 151 00:09:11,667 --> 00:09:13,625 kind of snap him out of it for a second. 152 00:09:13,708 --> 00:09:14,875 That's where he stops. 153 00:09:18,083 --> 00:09:21,292 It didn't click in my mind at that point that he was hurt. 154 00:09:21,417 --> 00:09:23,542 He just stopped progressing towards me, or whatever, 155 00:09:23,625 --> 00:09:24,875 and I just went and got my daughter, 156 00:09:25,042 --> 00:09:27,750 put her back in bed, closed the door, came back out, 157 00:09:27,833 --> 00:09:29,833 and I see him start falling. 158 00:09:29,875 --> 00:09:32,750 Like, he knew, and I knew, that he was hurt. 159 00:09:32,833 --> 00:09:35,167 And he said, "I think you stabbed me." 160 00:09:36,667 --> 00:09:40,542 I grabbed the phone, and dialed whatever I could, 161 00:09:40,667 --> 00:09:43,167 and told them to get me help there. 162 00:09:43,250 --> 00:09:45,333 So... (VOICE BREAKING) I mean, 163 00:09:45,417 --> 00:09:46,667 (CRYING) I just sat there with him. 164 00:09:48,708 --> 00:09:50,083 Once the police got there, 165 00:09:50,167 --> 00:09:51,875 all they said was, "Who stabbed him?" 166 00:09:52,000 --> 00:09:55,333 And I said, "I did." Like, "Help him." 167 00:09:55,375 --> 00:09:58,042 The only thing that saves me, my heart and everything is, 168 00:09:58,125 --> 00:10:00,833 I know that because of this happening, 169 00:10:00,917 --> 00:10:03,708 I didn't have to go to one of my kids' funerals. 170 00:10:03,792 --> 00:10:08,083 This I can hopefully live with, you know, but that I can't. 171 00:10:16,875 --> 00:10:18,667 JESS: This is a tough case. 172 00:10:18,750 --> 00:10:19,708 The severity of the offenses 173 00:10:19,792 --> 00:10:21,708 that you're looking at are extreme, 174 00:10:21,833 --> 00:10:24,500 so the stakes are very high. 175 00:10:24,583 --> 00:10:26,583 But I believe that we can convince the jury 176 00:10:26,667 --> 00:10:29,958 that what you did was absolutely necessary to protect your child. 177 00:10:33,375 --> 00:10:35,583 The biggest challenge now is just being able to 178 00:10:35,667 --> 00:10:37,792 piece together the rest of the story, 179 00:10:37,875 --> 00:10:39,833 so that the jury has a clear picture 180 00:10:39,917 --> 00:10:41,750 of the life that she was living, 181 00:10:41,833 --> 00:10:43,750 and the hell that she was living in. 182 00:10:56,417 --> 00:10:59,167 JEFF: Ashley is charged with second degree murder. 183 00:10:59,250 --> 00:11:00,917 The burden of proof is on the state of Kansas 184 00:11:01,000 --> 00:11:02,875 to prove beyond a reasonable doubt 185 00:11:03,042 --> 00:11:04,708 that Ashley acted intentionally 186 00:11:04,833 --> 00:11:06,875 or recklessly with the intent to kill Kyle. 187 00:11:07,750 --> 00:11:09,167 Our defense of Ashley 188 00:11:09,250 --> 00:11:11,667 is that, yes, she did intentionally kill Kyle, 189 00:11:11,708 --> 00:11:13,500 but she did so because she had to, 190 00:11:13,583 --> 00:11:15,750 to defend herself and defend her child. 191 00:11:17,375 --> 00:11:20,292 So, what I'm trying to do today is review the discovery, 192 00:11:20,375 --> 00:11:23,167 to try to find what the state believes is important evidence, 193 00:11:23,250 --> 00:11:26,000 and prepare myself to counteract that. 194 00:11:28,125 --> 00:11:30,417 Ashley gave an interview to the detective 195 00:11:30,500 --> 00:11:35,292 on September 17th of 2018, about 3:15 in the afternoon. 196 00:12:18,042 --> 00:12:19,833 She doesn't have any specific recollection 197 00:12:19,917 --> 00:12:22,542 of which knife she grabbed. 198 00:12:22,667 --> 00:12:26,208 She tells the detective she didn't know that she had even stabbed him. 199 00:12:26,292 --> 00:12:27,792 Our argument will be, 200 00:12:27,875 --> 00:12:29,417 that he had grabbed the back of her head 201 00:12:29,417 --> 00:12:32,667 and slammed her into the... into the countertop, 202 00:12:32,708 --> 00:12:35,333 and that he punched her in the back of the head, and back of the neck. 203 00:12:35,417 --> 00:12:37,833 So, just a flurry of activity 204 00:12:37,875 --> 00:12:40,417 and it caused her some critical incident amnesia. 205 00:12:40,500 --> 00:12:42,833 That's very common in these kinds of critical incidences. 206 00:13:08,708 --> 00:13:11,125 JESS: When the detectives viewed her person, 207 00:13:11,208 --> 00:13:13,667 they didn't see any marks or bruises on her. 208 00:13:13,708 --> 00:13:15,958 It seems like the state's position is that 209 00:13:16,042 --> 00:13:18,042 Ashley acted more maliciously. 210 00:13:20,208 --> 00:13:21,750 The state is going to try to show 211 00:13:21,875 --> 00:13:23,167 there was no clear indications 212 00:13:23,250 --> 00:13:24,875 that she had been abused that night, 213 00:13:24,958 --> 00:13:27,500 and rather than acting in self-defense, 214 00:13:27,583 --> 00:13:29,333 she intentionally killed him. 215 00:13:29,375 --> 00:13:30,750 That's gonna be a problem. 216 00:13:42,708 --> 00:13:45,167 As a kid, she was the one that we were... 217 00:13:46,583 --> 00:13:47,458 the least worried about. 218 00:13:50,042 --> 00:13:52,958 Oh, my gosh, how old was I when I made this? 219 00:13:53,042 --> 00:13:55,792 It says '99, so you would have been in... 220 00:13:56,875 --> 00:13:58,208 -Third grade? -Third grade. 221 00:13:59,750 --> 00:14:01,167 ANGELIA: She was my perfect child. 222 00:14:01,250 --> 00:14:04,000 She never got into trouble. 223 00:14:04,125 --> 00:14:05,833 -I was an ugly ass teenager. -You were not! 224 00:14:05,875 --> 00:14:07,542 Yeah, look at all these pictures. 225 00:14:07,667 --> 00:14:09,792 I'm glad I got cuter as I got older. 226 00:14:09,875 --> 00:14:11,208 Yeah. You got gorgeous. 227 00:14:14,042 --> 00:14:15,917 ANGELIA: She was very goal-oriented. 228 00:14:15,917 --> 00:14:17,208 By the time she was 18, 229 00:14:17,375 --> 00:14:19,875 she had her own house, her own child, 230 00:14:19,875 --> 00:14:22,208 and her own car bought by her. 231 00:14:22,375 --> 00:14:24,917 So, she was the one that was gonna be, you know, 232 00:14:25,000 --> 00:14:26,583 taking care of me in my old age. 233 00:14:27,708 --> 00:14:29,042 I really like these pictures. 234 00:14:30,417 --> 00:14:32,333 Good times. Good memories. 235 00:14:39,375 --> 00:14:41,833 ANGELIA: During the day, she's happy and positive. 236 00:14:41,917 --> 00:14:43,250 That's because of the kids. 237 00:14:44,667 --> 00:14:47,208 There's not a prison that can be worse 238 00:14:47,333 --> 00:14:49,125 than what she's living through right now. 239 00:14:51,125 --> 00:14:54,083 I think Kyle was a positive thing for her 240 00:14:54,958 --> 00:14:56,000 in the beginning, 241 00:14:57,083 --> 00:14:58,917 before the times were bad. 242 00:14:58,917 --> 00:15:00,625 He made her really happy. 243 00:15:00,708 --> 00:15:03,250 I mean, they could sit and talk for hours and stuff, 244 00:15:03,333 --> 00:15:07,750 so, she deals with that loss constantly. 245 00:15:07,833 --> 00:15:11,000 That was the last thing that she ever wanted to happen. 246 00:15:11,083 --> 00:15:14,500 So, destroying her, and her kids over it, 247 00:15:16,458 --> 00:15:19,875 I don't know that the kids would come out whole if it goes wrong. 248 00:15:29,667 --> 00:15:33,000 JESS: Despite the fact that Ashley did love Kyle, 249 00:15:33,083 --> 00:15:34,917 she has told me that Kyle was 250 00:15:35,000 --> 00:15:36,542 particularly violent when he was drunk. 251 00:15:43,333 --> 00:15:47,042 She's told me about a number of prior incidences of physical abuse, 252 00:15:47,125 --> 00:15:51,000 and we have pictures of her swollen and battered face. 253 00:15:52,708 --> 00:15:55,667 On July tenth, just two months before the final incident, 254 00:15:55,750 --> 00:15:58,042 Ashley said Kyle hit her so severely 255 00:15:58,125 --> 00:15:59,417 that it broke her eye socket. 256 00:16:01,250 --> 00:16:04,292 The challenge is proving that those injuries were from Kyle, 257 00:16:04,375 --> 00:16:06,458 because no charges were filed. 258 00:16:06,542 --> 00:16:09,875 Nothing could be done without Ashley saying 259 00:16:09,958 --> 00:16:11,167 that he had struck her, 260 00:16:11,250 --> 00:16:12,708 and she was too scared to do it. 261 00:16:26,417 --> 00:16:28,125 JESS: I need to find more evidence 262 00:16:28,208 --> 00:16:30,500 to build up the idea that he was a violent person, 263 00:16:30,542 --> 00:16:33,458 and that he was being particularly violent on that night, 264 00:16:33,542 --> 00:16:36,500 and he showed no deference to who he was going to assault, 265 00:16:36,542 --> 00:16:39,042 whether it was Ashley or Ashley's child. 266 00:16:50,208 --> 00:16:52,208 JESS: The difficulty with domestic violence cases 267 00:16:52,208 --> 00:16:54,042 is the perpetrator of that violence 268 00:16:54,125 --> 00:16:55,792 usually has one version of the story, 269 00:16:55,875 --> 00:16:57,167 and the victim of the violence 270 00:16:57,250 --> 00:16:58,583 usually has another version of the story, 271 00:16:58,708 --> 00:17:01,500 and the truth often is somewhere in between. 272 00:17:01,583 --> 00:17:03,875 And so, trying to extrapolate that information 273 00:17:03,958 --> 00:17:05,625 after the fact is very challenging. 274 00:17:13,375 --> 00:17:14,583 JESS: We need to be able to show 275 00:17:14,667 --> 00:17:16,708 that there is a history of violence, 276 00:17:16,792 --> 00:17:19,542 and that Ashley did exactly what she needed to do, 277 00:17:19,625 --> 00:17:22,042 to make that violence stop and protect her child. 278 00:17:22,125 --> 00:17:24,333 All right, 279 00:17:24,417 --> 00:17:27,083 so the problem we have, Rylee, is how do we show 280 00:17:27,167 --> 00:17:30,375 that Kyle Hill was particularly violent? 281 00:17:30,458 --> 00:17:31,875 I think we need to make a timeline 282 00:17:31,958 --> 00:17:35,667 to show the events leading up to the deceased's death. 283 00:17:35,750 --> 00:17:37,500 Good idea. Let's do that. 284 00:17:37,625 --> 00:17:42,625 I propose we start with when Ashley and Kyle began their relationship. 285 00:17:42,708 --> 00:17:46,375 Ashley told me that when she initially started dating Kyle, 286 00:17:46,458 --> 00:17:48,042 he became violent pretty quickly. 287 00:17:56,333 --> 00:17:59,500 JESS: September 4th, 2017, 288 00:17:59,542 --> 00:18:01,708 Ashley went to the emergency room. 289 00:18:03,250 --> 00:18:05,708 She had severe injuries to her face. 290 00:18:07,167 --> 00:18:12,167 We also need to include that on June 13th, 2018, 291 00:18:12,208 --> 00:18:14,500 there is an emergency room report 292 00:18:14,542 --> 00:18:16,583 saying she suffered a broken jaw. 293 00:18:18,250 --> 00:18:20,625 Which was about a month before he passed away. 294 00:18:20,708 --> 00:18:21,708 -Correct? -Correct. 295 00:18:23,875 --> 00:18:26,208 And then on July 10th, 2018, 296 00:18:26,292 --> 00:18:29,750 Ashley claims that Kyle was incredibly abusive. 297 00:18:29,833 --> 00:18:31,167 She had a broken eye socket. 298 00:18:33,208 --> 00:18:36,625 Melissa Stewart took pictures of Ashley's injuries. 299 00:18:44,250 --> 00:18:46,750 It is my opinion that he was literally beating on her 300 00:18:46,833 --> 00:18:50,000 less than a month after he already broke her jaw. 301 00:18:50,125 --> 00:18:54,375 So, there was escalation of violence leading up to the incident 302 00:18:54,458 --> 00:18:56,333 that ultimately ended Kyle's life. Right? 303 00:18:56,375 --> 00:18:58,083 Correct. The problem is, 304 00:18:58,167 --> 00:19:00,375 Ashley said she didn't tell the officers 305 00:19:00,458 --> 00:19:02,333 or the nurses at the hospital, 306 00:19:02,417 --> 00:19:04,792 that those injuries were from Kyle 307 00:19:04,875 --> 00:19:06,500 because she was scared. 308 00:19:13,583 --> 00:19:15,458 We don't have any direct evidence 309 00:19:15,542 --> 00:19:17,833 that he was the perpetrator, so it's circumstantial. 310 00:19:17,917 --> 00:19:19,542 So, do we have other witnesses 311 00:19:19,625 --> 00:19:22,542 to corroborate the violence against Ashley? 312 00:19:22,625 --> 00:19:25,667 Seems to me only three people would know. 313 00:19:25,750 --> 00:19:29,125 Kyle's mother, his grandmother, and Melissa. 314 00:19:39,458 --> 00:19:41,500 JESS: Aside from Ashley, 315 00:19:41,542 --> 00:19:44,667 I don't think anyone really knew the character of Kyle 316 00:19:44,750 --> 00:19:46,958 better than his mother and his grandmother, 317 00:19:47,042 --> 00:19:49,500 and his mother's best friend, Melissa. 318 00:19:49,625 --> 00:19:52,708 The challenge is a lot of the witnesses are family members, 319 00:19:52,833 --> 00:19:57,250 so it's likely that their bias is going to be in favor of the deceased. 320 00:19:57,333 --> 00:19:59,750 But I'm gonna do my level best to make sure 321 00:19:59,833 --> 00:20:02,542 the jury is aware of all these previous incidences of violence. 322 00:20:16,042 --> 00:20:17,583 ASHLEY: This is Drury Dam. 323 00:20:20,875 --> 00:20:24,167 You got to cast it out, bubba. Like this, over your head. 324 00:20:25,958 --> 00:20:27,583 Kyle grew up here. 325 00:20:27,667 --> 00:20:29,750 This is, like, his special place, 326 00:20:29,833 --> 00:20:32,042 but the second he brought out me out here too, 327 00:20:32,125 --> 00:20:33,958 it's just instantly mine, too. 328 00:20:33,958 --> 00:20:36,375 Mommy, can you help me? 329 00:20:36,458 --> 00:20:38,458 Okay, back here. Push the button. 330 00:20:38,542 --> 00:20:40,208 We had a lot of fun times out here. 331 00:20:42,417 --> 00:20:45,667 When I come out here, I don't see the bad stuff. 332 00:20:45,792 --> 00:20:47,458 I see my friend and... 333 00:20:49,000 --> 00:20:50,458 like, who I really lost. 334 00:20:52,708 --> 00:20:56,833 Despite Kyle being violent when he drank, 335 00:20:56,958 --> 00:20:59,833 Kyle during the day was a completely different person. 336 00:20:59,958 --> 00:21:02,750 He was fun, and he was always laughing. 337 00:21:02,875 --> 00:21:04,875 It was like dealing with Dr. Jekyll and Mr. Hyde. 338 00:21:06,708 --> 00:21:10,208 But... I didn't wanna abandon him. 339 00:21:17,292 --> 00:21:19,083 I didn't want Kyle to go to jail. 340 00:21:19,167 --> 00:21:20,250 I wanted him to get help. 341 00:21:22,208 --> 00:21:24,417 I felt trapped in a way. 342 00:21:24,500 --> 00:21:27,500 I was trying to be a good mom and shelter them, 343 00:21:28,333 --> 00:21:30,542 but not give up on him. 344 00:21:30,542 --> 00:21:33,000 I was dead set on making it work, 345 00:21:33,042 --> 00:21:36,250 but it accelerated so quick, in such a little time. 346 00:21:41,375 --> 00:21:43,042 I don't even think that 347 00:21:43,125 --> 00:21:47,167 my brain has fully comprehended the severity of that night, 348 00:21:47,208 --> 00:21:48,917 because there's still some days I wake up 349 00:21:49,000 --> 00:21:52,417 and I think that he's gonna pop around the corner. 350 00:22:14,708 --> 00:22:16,708 JESS: The two officers that first responded to the scene 351 00:22:16,792 --> 00:22:18,292 were wearing body-worn cameras. 352 00:22:19,333 --> 00:22:20,750 Those cameras picked up 353 00:22:20,833 --> 00:22:23,708 things that they observed as soon as they arrived. 354 00:22:34,125 --> 00:22:35,833 JESS: According to the officers, 355 00:22:35,917 --> 00:22:38,833 Ashley reported that she observed the victim falling to the ground. 356 00:22:38,875 --> 00:22:41,958 She said that she pulled up the shirt and observed the stab wound. 357 00:22:44,000 --> 00:22:47,708 The problem with that, is when the officers arrived on scene, 358 00:22:47,792 --> 00:22:49,458 their body cam doesn't seem to indicate 359 00:22:49,542 --> 00:22:52,500 that the deceased had a shirt on. 360 00:22:52,583 --> 00:22:55,583 Three days later, the detective returned to the house 361 00:22:55,667 --> 00:22:57,583 but never found such a shirt. 362 00:22:58,458 --> 00:22:59,833 It is problematic 363 00:22:59,875 --> 00:23:01,625 because if there are any inconsistencies 364 00:23:01,708 --> 00:23:03,417 in the story that she tells, 365 00:23:03,500 --> 00:23:05,333 the prosecutor will certainly make the most of them. 366 00:23:24,708 --> 00:23:26,500 JESS: The officers found knives, 367 00:23:26,625 --> 00:23:28,333 but Ashley doesn't recall 368 00:23:28,417 --> 00:23:31,042 what knife it was that she used to stab Kyle. 369 00:23:33,333 --> 00:23:34,917 But, there's a knife in the trash can. 370 00:23:36,375 --> 00:23:38,583 How did that happen? Nobody really knows. 371 00:23:38,667 --> 00:23:40,292 The problem is, it enables 372 00:23:40,375 --> 00:23:42,125 nefarious ideas to come in to play. 373 00:23:43,750 --> 00:23:45,958 There's a knife in the trash can, 374 00:23:46,042 --> 00:23:48,375 and they think that they have a bloody shirt 375 00:23:48,458 --> 00:23:49,917 that's missing somewhere, 376 00:23:50,042 --> 00:23:52,417 and the idea from the prosecutor's perspective 377 00:23:52,500 --> 00:23:55,417 is that Ashley was hiding evidence. 378 00:23:55,500 --> 00:23:56,917 That's gonna be hard to explain. 379 00:24:06,833 --> 00:24:08,958 JESS: One of the problems that we have is that 380 00:24:09,042 --> 00:24:12,250 we've recovered previous incidences of violence, 381 00:24:12,333 --> 00:24:14,250 but no charges were filed. 382 00:24:14,333 --> 00:24:17,792 Ashley didn't tell the officers the truth because she was scared. 383 00:24:17,875 --> 00:24:21,000 So, I have every intention of talking about 384 00:24:21,083 --> 00:24:24,250 all of these prior incidences of violence at trial, 385 00:24:24,333 --> 00:24:27,083 through the witnesses that were aware of the abuse that she suffered. 386 00:24:44,625 --> 00:24:46,500 JESS: I'm gonna go visit with Melissa today. 387 00:24:46,542 --> 00:24:48,500 She's known Kyle since forever, 388 00:24:48,583 --> 00:24:50,708 having been a lifelong friend of Kyle's mother. 389 00:24:52,167 --> 00:24:53,708 She's not family to Ashley. 390 00:24:53,833 --> 00:24:55,417 She's not family to Kyle. 391 00:24:55,542 --> 00:24:57,083 So, she has some level of objectivity, 392 00:24:57,208 --> 00:24:59,708 but she also has the familiarity of a family member. 393 00:25:08,958 --> 00:25:10,792 -Hey, how are you? -MELISSA: Hi, Good. How are you? 394 00:25:10,875 --> 00:25:13,000 -Got a minute to visit? -Sure, I sure do. 395 00:25:16,000 --> 00:25:17,667 MELISSA: Kyle could be so charismatic. 396 00:25:17,750 --> 00:25:20,083 I mean he was just... I loved him to pieces. 397 00:25:20,167 --> 00:25:22,500 I mean, he was just like one of my nephews. 398 00:25:22,583 --> 00:25:24,375 Since he was little, tiny, 399 00:25:24,458 --> 00:25:27,083 -I've been in his life, so... -JESS: Yeah. 400 00:25:27,208 --> 00:25:28,875 But, man when he would drink... 401 00:25:29,458 --> 00:25:30,875 Bam! That was it. 402 00:25:33,750 --> 00:25:35,583 Ashley's been through a lot, 403 00:25:35,708 --> 00:25:39,125 with all of the chaos of the relationship. 404 00:25:39,208 --> 00:25:40,875 Ashley just wouldn't admit it 405 00:25:40,958 --> 00:25:42,750 because she wanted help for Kyle. 406 00:25:42,875 --> 00:25:45,042 She wanted to save her family. 407 00:25:46,292 --> 00:25:48,375 Ashley Pearson doesn't deserve 408 00:25:48,458 --> 00:25:51,625 to go to prison for fighting for her life. 409 00:25:56,958 --> 00:25:58,708 -JESS: Nice to see you. -All right. Good to see you, too. 410 00:25:58,792 --> 00:26:00,667 -JESS: Thank you. -Thank you again for coming. 411 00:26:00,750 --> 00:26:02,000 JESS: Melissa's going to be 412 00:26:02,125 --> 00:26:04,625 a very important witness for the defense. 413 00:26:04,708 --> 00:26:07,917 She has knowledge of Kyle's violent tendencies, 414 00:26:08,042 --> 00:26:11,167 and the particular incidences of violence against Ashley. 415 00:26:11,208 --> 00:26:13,750 I think she's gonna be very helpful for our cause. 416 00:26:25,042 --> 00:26:27,333 JESS: Melissa's testimony is the last piece of the puzzle. 417 00:26:27,417 --> 00:26:29,750 She corroborates the things that Ashley has told me, 418 00:26:29,875 --> 00:26:31,958 about the abuse she's suffered. 419 00:26:39,167 --> 00:26:41,333 All the evidence seems to indicate 420 00:26:41,375 --> 00:26:43,667 that Ashley had no choice but to defend herself 421 00:26:43,792 --> 00:26:45,708 and defend her child. 422 00:26:45,792 --> 00:26:48,000 So, we filed a motion to dismiss the case 423 00:26:48,042 --> 00:26:49,833 based on a claim of self-defense. 424 00:26:52,958 --> 00:26:56,500 The state of Kansas believes, that if you defend yourself 425 00:26:56,625 --> 00:26:58,750 you shouldn't be subject to being put through 426 00:26:58,750 --> 00:27:00,708 a prosecution through jury trial. 427 00:27:11,167 --> 00:27:13,125 JESS: So today I'd like to bring Ashley in, 428 00:27:13,208 --> 00:27:15,875 to meet with her, to explain what it means for the case. 429 00:27:15,958 --> 00:27:17,417 Hey, Ashley. How are you today? 430 00:27:17,500 --> 00:27:18,667 I'm good. How are you today? 431 00:27:18,833 --> 00:27:20,333 -Wanna come on back and we can visit? -Sure. 432 00:27:20,375 --> 00:27:22,125 JESS: Our hearing is just a couple of weeks out, 433 00:27:22,208 --> 00:27:24,125 so it's really crunch time. Time to get ready. 434 00:27:26,042 --> 00:27:28,708 We recently filed a motion to dismiss your case. 435 00:27:28,833 --> 00:27:30,958 The Hearing, it's like a trial. 436 00:27:31,042 --> 00:27:34,958 We'll present evidence to show that you had a history of abuse. 437 00:27:35,042 --> 00:27:38,792 If the state can't show that it was not self-defense, 438 00:27:38,875 --> 00:27:40,833 uh, then the case has to be dismissed. 439 00:27:40,917 --> 00:27:43,333 -So, this is over with... -Good. 440 00:27:43,458 --> 00:27:44,917 ...and if were not successful, 441 00:27:45,000 --> 00:27:46,708 it gives us a really good opportunity 442 00:27:46,792 --> 00:27:48,500 to get a preview of the evidence from the state. 443 00:27:48,583 --> 00:27:51,417 We're gonna know everything by the time we go to trial, 444 00:27:51,500 --> 00:27:53,292 so this is a good opportunity for us. 445 00:27:53,375 --> 00:27:54,250 Okay. 446 00:27:58,833 --> 00:28:00,458 Now, when you tell the judge the story, 447 00:28:00,542 --> 00:28:01,667 we're gonna try to tell that story 448 00:28:01,708 --> 00:28:03,500 as concisely as we can. 449 00:28:03,625 --> 00:28:04,958 -Okay? -Okay. 450 00:28:05,042 --> 00:28:07,792 I don't want you to stretch your imagination. 451 00:28:07,875 --> 00:28:09,167 If you don't know specifically, 452 00:28:09,250 --> 00:28:11,917 you have to say I don't... I don't recall. 453 00:28:12,000 --> 00:28:13,917 All I can say is what I know happened, 454 00:28:13,917 --> 00:28:16,167 and I could try to speculate, but I don't see that... 455 00:28:16,208 --> 00:28:18,000 -I don't want you to speculate. -...but that's definitely-- 456 00:28:18,125 --> 00:28:20,250 -As a witness, you don't speculate. -Yeah. 457 00:28:20,375 --> 00:28:23,292 All that we need to be able to show the judge, 458 00:28:23,375 --> 00:28:26,292 -is that we don't know how it happened exactly. -No. 459 00:28:26,375 --> 00:28:29,542 All that I know is that I had to do something. 460 00:28:29,625 --> 00:28:31,833 Otherwise, he was going to cause bodily harm 461 00:28:31,875 --> 00:28:33,333 and injury to your daughter. 462 00:28:35,208 --> 00:28:38,208 -Ashley, thank you for coming today. -Thank you. Ready, Mom? 463 00:28:41,042 --> 00:28:43,833 JESS: Whether it's on a motion to dismiss or at a jury trial, 464 00:28:43,917 --> 00:28:46,250 this case is going to turn on Ashley's testimony. 465 00:28:46,375 --> 00:28:48,000 I think that she understands 466 00:28:48,042 --> 00:28:49,708 as well as she can at this point, 467 00:28:49,792 --> 00:28:52,500 but nobody will ever appreciate that position 468 00:28:52,542 --> 00:28:53,833 until they're sitting in that chair. 469 00:29:05,250 --> 00:29:07,250 ASHLEY: So next week we go in front of the judge. 470 00:29:09,208 --> 00:29:11,667 Either this is gonna go to a trial, 471 00:29:11,750 --> 00:29:13,958 or the case is thrown out. 472 00:29:14,708 --> 00:29:16,375 So, it's nerve-racking. 473 00:29:18,042 --> 00:29:20,375 I do worry about getting up there, 474 00:29:20,458 --> 00:29:21,708 but at the end of the day 475 00:29:21,875 --> 00:29:24,125 it's about what happened, and why it happened. 476 00:29:26,208 --> 00:29:28,167 I think that it's gonna bring up some emotions, 477 00:29:28,250 --> 00:29:32,167 but at least it'll be a step in the right direction. 478 00:29:32,292 --> 00:29:34,917 At least we'll be closer to an end. 479 00:29:35,042 --> 00:29:36,833 We're all just ready for it to be over. 480 00:29:49,292 --> 00:29:51,500 JESS: Today we've got a hearing on a motion to dismiss. 481 00:29:51,625 --> 00:29:53,875 The state has to show that there's not probable cause 482 00:29:53,958 --> 00:29:56,333 to believe that she acted in self-defense. 483 00:30:09,042 --> 00:30:11,000 I think the thing I'm most worried about, 484 00:30:11,083 --> 00:30:13,750 and nervous about going in, 485 00:30:13,875 --> 00:30:17,875 is going over everything again 486 00:30:17,958 --> 00:30:21,625 and just hearing everybody's perspective on it. 487 00:30:21,708 --> 00:30:22,917 I'm just ready to tell my story 488 00:30:23,042 --> 00:30:25,542 and move forward, whatever that means. 489 00:30:31,333 --> 00:30:32,958 CLERK: All rise. 490 00:30:33,083 --> 00:30:34,333 JUDGE: Thank you. Please be seated. 491 00:30:36,542 --> 00:30:39,250 All right, this is the State of Kansas versus Ashley Nicole Pearson. 492 00:30:46,542 --> 00:30:47,583 Thank you, Judge. 493 00:30:53,917 --> 00:30:55,333 JESS: Here we go. 494 00:31:01,708 --> 00:31:03,167 Detective Wilson, 495 00:31:03,250 --> 00:31:04,667 why don't you start walking us through your interview? 496 00:31:04,792 --> 00:31:06,667 What did she tell you happened? 497 00:31:06,708 --> 00:31:11,333 He came up behind her, and he was hitting her on the back of the neck area. 498 00:31:12,500 --> 00:31:15,708 Did you note any injuries to her at all? 499 00:31:15,833 --> 00:31:17,833 We didn't find any physical injuries, 500 00:31:17,917 --> 00:31:20,083 cuts, bruises, anything like that. 501 00:31:21,708 --> 00:31:23,667 What did Ms. Pearson advise you happened 502 00:31:23,750 --> 00:31:25,583 after what we've described so far? 503 00:31:25,667 --> 00:31:28,458 DET: WILSON: She said she went to him, raised his shirt, 504 00:31:28,542 --> 00:31:30,167 and that's when she realized she'd stabbed him. 505 00:31:32,625 --> 00:31:36,500 Was Mr. Hill still in the residence when you first arrived? 506 00:31:36,583 --> 00:31:37,917 Yes. 507 00:31:38,000 --> 00:31:39,875 Was he wearing a shirt at that time? 508 00:31:39,875 --> 00:31:41,000 No. 509 00:31:41,083 --> 00:31:43,000 -Was that shirt ever located? -No. 510 00:31:53,208 --> 00:31:55,667 Officer Meyer, I'll ask you to take a look at those. 511 00:31:55,750 --> 00:31:59,667 Items number two and ten. What are those two items? 512 00:31:59,708 --> 00:32:03,583 Both of those were knives found by the kitchen sink. 513 00:32:03,667 --> 00:32:05,458 And what was item, number nine? 514 00:32:05,542 --> 00:32:09,458 Number nine would be an orange-handled paring knife. 515 00:32:09,542 --> 00:32:11,667 An orange paring knife found in the trash can in the kitchen. 516 00:32:13,292 --> 00:32:16,042 So, someone at some point had thrown the orange knife 517 00:32:16,125 --> 00:32:18,417 -in the trash, right? -Yes. 518 00:32:21,792 --> 00:32:23,083 CLERK: All rise. 519 00:32:27,208 --> 00:32:28,792 JESS: The knife being in the trash can, 520 00:32:28,875 --> 00:32:30,625 kind of the same as the missing shirt. 521 00:32:30,708 --> 00:32:31,958 The state's trying to show 522 00:32:32,042 --> 00:32:33,375 that she was tampering with evidence. 523 00:32:33,500 --> 00:32:34,417 She was hiding evidence. 524 00:32:35,708 --> 00:32:37,083 It is a worry. 525 00:32:37,167 --> 00:32:39,500 The inference is a nefarious kind of act, 526 00:32:39,542 --> 00:32:41,333 and that's what we're trying to avoid, 527 00:32:41,417 --> 00:32:44,458 because I do not want it to go to jury trial. 528 00:32:44,542 --> 00:32:47,167 But now I need to paint the picture 529 00:32:47,250 --> 00:32:50,458 of these prior incidences of violence for the judge. 530 00:32:50,542 --> 00:32:52,167 I'm gonna do my damnedest to show 531 00:32:52,250 --> 00:32:54,167 that Kyle was a violent man. 532 00:33:06,625 --> 00:33:09,583 No further questions with that, Your Honor. Thank you. I pass the witness. 533 00:33:11,083 --> 00:33:12,167 JESS: Ms. Bailey, 534 00:33:13,917 --> 00:33:16,833 your son, Kyle Hill, is he a violent person? 535 00:33:16,917 --> 00:33:19,500 He had been in the past, yeah. 536 00:33:19,542 --> 00:33:22,833 He had beaten her many times before, would you agree with that? 537 00:33:22,875 --> 00:33:24,333 He's struck her, yes. 538 00:33:24,417 --> 00:33:26,125 Let's talk about it. Tell me. 539 00:33:26,208 --> 00:33:28,667 At the apartment, they had been arguing, 540 00:33:28,750 --> 00:33:31,375 and from what Kyle has told me, 541 00:33:31,458 --> 00:33:34,708 she was attacking him, and he punched her. 542 00:33:34,792 --> 00:33:37,500 She fell and her eye got broke on the bathtub. 543 00:33:42,375 --> 00:33:45,083 Was that the incident that he, 544 00:33:45,208 --> 00:33:47,167 uh, broke her orbital socket? 545 00:33:47,250 --> 00:33:48,500 DENA: The bathtub. 546 00:33:48,583 --> 00:33:50,500 Okay. The bathtub broke her orbital socket? 547 00:33:52,667 --> 00:33:55,167 What about the injuries to the side of her neck? 548 00:33:55,292 --> 00:33:57,833 She's got injuries there, too. How'd that happen? 549 00:33:57,917 --> 00:33:59,250 I've never seen that photo. 550 00:33:59,333 --> 00:34:00,667 He didn't tell you about choking her? 551 00:34:02,333 --> 00:34:03,625 No? Okay. 552 00:34:03,625 --> 00:34:04,500 Nothing further, Judge. 553 00:34:12,375 --> 00:34:13,917 PROSECUTOR: During the course of your examination, 554 00:34:14,000 --> 00:34:16,167 -were you able to determine a cause of death? -Yes. 555 00:34:16,208 --> 00:34:17,542 What was the cause of death? 556 00:34:17,625 --> 00:34:19,500 A stab wound of the trunk. 557 00:34:19,667 --> 00:34:23,083 Did you find any other injuries of note to Mr. Hill's body? 558 00:34:23,167 --> 00:34:27,125 He had another stab wound on his right forearm. 559 00:34:29,875 --> 00:34:33,083 Did you believe that the wound to his arm was a defensive wound? 560 00:34:33,167 --> 00:34:37,417 Yes. It's consistent with it given its location. 561 00:34:37,500 --> 00:34:39,167 No further questions, Your Honor. 562 00:34:45,500 --> 00:34:47,583 PROSECUTOR: Ms. Dunn, are you familiar with the situation 563 00:34:47,667 --> 00:34:50,375 where Ms. Pearson got her jaw broken? 564 00:34:50,458 --> 00:34:51,417 I was. 565 00:34:51,500 --> 00:34:53,333 Did Ashley tell you what had happened? 566 00:34:53,458 --> 00:34:54,333 She did. 567 00:34:54,375 --> 00:34:56,417 She came home drunk, tripped 568 00:34:56,500 --> 00:34:59,792 and fell and hit her face on a toy in the yard. 569 00:34:59,875 --> 00:35:02,167 Did she ever tell you that Kyle had laid hands on her, 570 00:35:02,292 --> 00:35:04,708 -or caused that injury to her? -She never said that. 571 00:35:08,042 --> 00:35:10,042 -JESS: Is Kyle a violent kid? -No. 572 00:35:10,125 --> 00:35:11,500 He's not violent? All right. 573 00:35:11,542 --> 00:35:13,167 No, he was not a violent child. No. 574 00:35:13,333 --> 00:35:15,125 Is he a violent person? 575 00:35:15,208 --> 00:35:16,333 Only after he was older. 576 00:35:17,833 --> 00:35:19,750 Why didn't she leave? 577 00:35:19,833 --> 00:35:22,000 Why did she stay and push him to that point? 578 00:35:22,125 --> 00:35:23,917 JUDGE: Ma'am, you don't get to ask questions. 579 00:35:24,000 --> 00:35:25,208 This is Ashley's fault? 580 00:35:25,292 --> 00:35:26,625 CINDY: That she did not leave. 581 00:35:26,708 --> 00:35:29,458 She could have taken that baby and left. 582 00:35:29,542 --> 00:35:31,417 (ASHLEY CRYING) 583 00:35:33,708 --> 00:35:35,833 JESS: I think a break would be a good idea, Judge. 584 00:35:42,542 --> 00:35:44,333 (CRYING) 585 00:35:44,417 --> 00:35:48,250 JESS: The state's witnesses, the family members, Dena, and Grandma Cindy Dunn, 586 00:35:48,375 --> 00:35:50,333 it's hard to comprehend how they're trying so hard 587 00:35:50,458 --> 00:35:52,833 to protect someone that was so obviously violent, 588 00:35:52,875 --> 00:35:55,625 and they're doing it at the cost of Ashley's freedom. 589 00:36:14,125 --> 00:36:15,333 Ma'am, I'm gonna ask you a series 590 00:36:15,417 --> 00:36:17,542 of "Yes or No" questions. 591 00:36:18,917 --> 00:36:20,583 Her jaw was broken, right? 592 00:36:20,708 --> 00:36:22,500 Yes. She was swollen. 593 00:36:22,583 --> 00:36:24,875 Yes or No, Kyle Hill broke her jaw? 594 00:36:25,000 --> 00:36:26,500 Thats not what she told me. 595 00:36:27,792 --> 00:36:29,042 Who broke her jaw then? 596 00:36:29,125 --> 00:36:31,000 She did. She tripped on the sidewalk. 597 00:36:31,125 --> 00:36:32,375 It's what she told me. 598 00:36:33,708 --> 00:36:34,833 Nothing further, Judge. 599 00:36:36,042 --> 00:36:37,458 JESS: The state has rested, 600 00:36:37,542 --> 00:36:39,458 so, it's our turn now to present our case, 601 00:36:39,542 --> 00:36:41,083 and Melissa is gonna be our first witness. 602 00:36:41,167 --> 00:36:43,208 Melissa was the first one on scene. 603 00:36:43,292 --> 00:36:45,708 She is aware of Kyle's history since he was born. 604 00:36:45,833 --> 00:36:47,708 I think she's gonna be a really great witness. 605 00:37:00,500 --> 00:37:02,167 JESS: You were the one that got the call 606 00:37:02,208 --> 00:37:03,167 about 2:30 in the morning. 607 00:37:03,292 --> 00:37:05,292 -Correct? -Yes, sir. 608 00:37:05,375 --> 00:37:07,250 What did you anticipate that you would encounter? 609 00:37:07,333 --> 00:37:10,292 Oh, that I was gonna have to get Kyle off of her, 610 00:37:10,375 --> 00:37:12,167 because Dena told me, 611 00:37:12,208 --> 00:37:14,708 "He's probably beating the (BLEEP) out of her right now. Hurry, go!" 612 00:37:18,750 --> 00:37:22,458 Why do you suppose Dena called you instead of 911? 613 00:37:22,542 --> 00:37:25,000 Well, because she didn't want the police involved. 614 00:37:25,042 --> 00:37:26,875 She didn't want Kyle to go to prison. 615 00:37:33,750 --> 00:37:36,417 JESS: The pictures I marked as defendant's exhibit 1B. 616 00:37:36,417 --> 00:37:37,917 Those were all your pictures, weren't they? 617 00:37:38,042 --> 00:37:39,625 Mm-hmm, I insisted. 618 00:37:39,708 --> 00:37:41,208 What caused all those injuries? 619 00:37:42,500 --> 00:37:43,458 Kyle. 620 00:37:46,250 --> 00:37:47,375 Nothing further, Judge. 621 00:37:57,542 --> 00:38:01,167 JESS: Ms. Pearson, describe how Kyle's affect changed 622 00:38:01,250 --> 00:38:03,208 when he kind of went into his rage. 623 00:38:03,292 --> 00:38:04,750 Describe that to the judge. 624 00:38:04,833 --> 00:38:07,000 Um, it's like he, like, clicked out. 625 00:38:07,083 --> 00:38:08,250 Like, he wasn't there anymore. 626 00:38:09,583 --> 00:38:12,167 JESS: I'm sure that it's a blur in your mind, 627 00:38:12,250 --> 00:38:13,833 but why do you think you grabbed a knife? 628 00:38:13,875 --> 00:38:16,458 Because he had taken his attention off me, 629 00:38:16,458 --> 00:38:18,333 and it was towards my baby girl. 630 00:38:18,375 --> 00:38:20,375 When he is in that state, whatever direction he's set, 631 00:38:20,500 --> 00:38:23,000 that's the target. 632 00:38:23,083 --> 00:38:24,375 Do you have any doubt in your mind 633 00:38:24,375 --> 00:38:26,167 that if you wouldn't have stopped him, 634 00:38:26,250 --> 00:38:27,375 he was gonna injure your baby? 635 00:38:27,458 --> 00:38:29,167 If I didn't stop him, 636 00:38:29,208 --> 00:38:31,125 I would have been going to my kid's funeral, 637 00:38:31,125 --> 00:38:33,292 and I wouldn't... 638 00:38:33,375 --> 00:38:35,292 I wouldn't be able to deal with that. 639 00:38:43,542 --> 00:38:45,250 PROSECUTOR: Were you in love with Kyle? 640 00:38:45,333 --> 00:38:49,125 Yes, very much. He was my best friend. 641 00:38:49,208 --> 00:38:52,000 On September 15th, you had been drinking? 642 00:38:52,083 --> 00:38:53,708 I did have a few beers, yes. 643 00:38:54,417 --> 00:38:55,542 How many is a few? 644 00:38:55,542 --> 00:38:57,292 Like, five or six. 645 00:38:59,750 --> 00:39:02,417 So, you continued to drink after Kyle came home? 646 00:39:02,500 --> 00:39:04,458 Probably. If he was in a good mood, then yeah, 647 00:39:04,542 --> 00:39:06,000 I would have cracked open another beer with him. 648 00:39:06,083 --> 00:39:08,333 So, Kyle was in a good mood when he came home? 649 00:39:08,375 --> 00:39:09,583 Yeah, he was. 650 00:39:20,458 --> 00:39:22,083 Judge, the Defense will rest at this time. 651 00:39:30,042 --> 00:39:33,000 Your Honor, I don't think that she's risen to the level 652 00:39:33,083 --> 00:39:34,583 of having this case dismissed. 653 00:39:35,542 --> 00:39:36,917 What we have is a young lady 654 00:39:37,042 --> 00:39:39,167 that, upon being carefully and closely inspected 655 00:39:39,250 --> 00:39:41,208 by law enforcement, had no injuries. 656 00:39:41,292 --> 00:39:42,750 The only injury that we have here, 657 00:39:42,833 --> 00:39:44,833 are two stab wounds to Kyle Hill. 658 00:39:44,875 --> 00:39:46,750 Two separate stabbings. 659 00:39:46,875 --> 00:39:48,458 That's not self-defense, Your Honor. 660 00:39:50,625 --> 00:39:52,208 Multiple knives were found. 661 00:39:52,333 --> 00:39:53,500 Unfortunately, we'll never know 662 00:39:53,583 --> 00:39:55,375 why the other knife ended up in the trash, 663 00:39:55,458 --> 00:39:58,417 but I do believe that was an effort to hide evidence. 664 00:39:58,542 --> 00:40:02,792 And so, for that reason, I just ask that you deny the defendant's motion 665 00:40:02,875 --> 00:40:05,042 and that we schedule this matter for jury trial. 666 00:40:08,125 --> 00:40:10,667 So, the question, Your Honor, is, do I have a theory 667 00:40:10,708 --> 00:40:13,333 why Ashley stabbed him that night? 668 00:40:13,417 --> 00:40:16,667 Damn right. She did it to save her baby. 669 00:40:16,750 --> 00:40:19,667 We'll never know exactly how it played out in there, 670 00:40:19,750 --> 00:40:21,667 but what difference does it make? 671 00:40:21,792 --> 00:40:24,500 What matters is why it happened. 672 00:40:24,583 --> 00:40:26,417 So, what I've done, for Your Honor, 673 00:40:26,500 --> 00:40:29,917 is I've presented a long history of violence. 674 00:40:30,000 --> 00:40:32,833 Ashley took a lot of beatings from Kyle, 675 00:40:32,917 --> 00:40:35,667 but something changes in a woman when you go after their baby. 676 00:40:36,542 --> 00:40:38,333 She did what she had to do, 677 00:40:38,417 --> 00:40:40,167 and for that, the state of Kansas says 678 00:40:40,250 --> 00:40:42,250 you are immune from prosecution, 679 00:40:42,333 --> 00:40:43,167 and I hope you agree, Judge. 680 00:41:41,667 --> 00:41:43,000 ASHLEY: Thank you, God. 681 00:41:49,208 --> 00:41:51,208 -You good? It's over. -Than you so much. Yes. 682 00:41:51,292 --> 00:41:54,375 (SOBBING) I know. Thank God... 683 00:41:54,500 --> 00:41:57,917 ASHLEY: It's been a... just a roller coaster. 684 00:41:58,000 --> 00:41:59,833 It's scary thinking that you're gonna go away 685 00:41:59,917 --> 00:42:01,000 for the rest of your life for... 686 00:42:03,042 --> 00:42:04,000 for being a mom. 687 00:42:05,417 --> 00:42:06,958 I'm so glad it's over. 688 00:42:06,958 --> 00:42:09,833 I'm so glad to get to go home and hold my babies. 689 00:42:12,542 --> 00:42:14,167 JESS: Today is the beginning of the end for Ashley. 690 00:42:14,250 --> 00:42:17,167 She has closure. She doesn't have to worry about these charges 691 00:42:17,250 --> 00:42:19,333 ever popping up again with the next prosecutor 692 00:42:19,417 --> 00:42:21,458 that has another idea about the case. 693 00:42:21,542 --> 00:42:24,250 So, this is it. She can move on with her life. 694 00:42:26,417 --> 00:42:27,542 ASHLEY: Now that this is over, 695 00:42:27,625 --> 00:42:29,333 we can all start healing from it. 696 00:42:29,417 --> 00:42:31,833 I get to tell my kids that I'm coming home no matter what, 697 00:42:31,958 --> 00:42:35,667 and I am 100% confident in that now. 698 00:42:35,708 --> 00:42:38,458 Like, it's such, that's an amazing feeling. 699 00:42:38,542 --> 00:42:40,292 I was put here to protect my kids then, 700 00:42:40,375 --> 00:42:42,042 and I'm gonna continue to do that.