1 00:00:02,546 --> 00:00:05,840 [dramatic music] 2 00:00:05,924 --> 00:00:07,842 ‐ It is incredibly rare 3 00:00:07,968 --> 00:00:10,178 for criminal defendants to take the stand. 4 00:00:10,262 --> 00:00:12,055 It's a risk very few take. 5 00:00:12,138 --> 00:00:15,600 At stake, one's freedom or even their life. 6 00:00:15,725 --> 00:00:17,811 This is James Scandirito Jr., 7 00:00:17,894 --> 00:00:20,730 a Florida man charged with the murder and dismemberment 8 00:00:20,855 --> 00:00:23,483 of his 74‐year‐old father, Skip. 9 00:00:23,567 --> 00:00:24,901 ‐ Panicked and scared, 10 00:00:25,026 --> 00:00:27,070 and thought I had to move my dad's body. 11 00:00:27,195 --> 00:00:29,322 ‐ He's decided to take that gamble. 12 00:00:29,406 --> 00:00:32,200 Will it help him convince the jury he's not guilty? 13 00:00:32,284 --> 00:00:34,869 ‐ You didn't kill him? ‐ I did not kill my dad. 14 00:00:34,953 --> 00:00:37,205 ‐ Or will it come back to haunt him? 15 00:00:37,289 --> 00:00:38,623 Take a courtside seat 16 00:00:38,707 --> 00:00:41,876 with the prosecutor, the victim's sister, 17 00:00:41,960 --> 00:00:43,587 the legal analyst, 18 00:00:43,712 --> 00:00:45,964 and a lead detective. 19 00:00:46,047 --> 00:00:49,342 I'm Dan Abrams, and this is "Under Oath." 20 00:00:49,426 --> 00:00:51,511 ‐ Raise your right hand. ‐ Do you solemnly swear... 21 00:00:51,636 --> 00:00:54,139 ‐ I'm being honest with everything I say to you. 22 00:00:54,222 --> 00:00:55,640 ‐ Do solemnly swear... 23 00:00:55,724 --> 00:00:57,058 ‐ The whole truth and nothing but the truth. 24 00:00:57,183 --> 00:00:58,393 ‐ I would like to testify. 25 00:00:58,518 --> 00:01:00,103 ‐ The testimony you are about to give... 26 00:01:00,228 --> 00:01:01,229 The whole truth and nothing but the truth... 27 00:01:01,313 --> 00:01:03,356 ‐ So help you God? 28 00:01:03,440 --> 00:01:07,527 ♪ ♪ 29 00:01:07,652 --> 00:01:09,529 ‐ I'm gonna have to 30 00:01:09,613 --> 00:01:10,989 dismember my dad 31 00:01:11,072 --> 00:01:13,533 to be able to move him out of the house. 32 00:01:13,658 --> 00:01:20,749 ♪ ♪ 33 00:01:22,250 --> 00:01:23,752 ‐ James Scandirito Jr. stands accused of murdering 34 00:01:23,877 --> 00:01:27,255 and dismembering his 74‐year‐old father, Skip. 35 00:01:27,339 --> 00:01:29,341 Scandirito claimed he discovered 36 00:01:29,424 --> 00:01:31,092 his father already deceased 37 00:01:31,217 --> 00:01:32,677 and, in a drug‐induced panic, 38 00:01:32,761 --> 00:01:36,181 that he made the fateful decision to cut up the body 39 00:01:36,264 --> 00:01:38,183 and conceal the crime. 40 00:01:38,266 --> 00:01:39,934 Scandirito's facing the death penalty. 41 00:01:40,060 --> 00:01:43,104 He's fighting to save his freedom and maybe his life. 42 00:01:43,229 --> 00:01:46,024 He decides to take the stand in his own defense 43 00:01:46,107 --> 00:01:47,233 and tell the jury firsthand 44 00:01:47,317 --> 00:01:48,985 what happened that fateful night. 45 00:01:49,069 --> 00:01:50,528 But to do so, 46 00:01:50,612 --> 00:01:52,906 he'll have to admit to some of the ghastly crime, 47 00:01:52,989 --> 00:01:55,033 and the jury will have to decide, 48 00:01:55,158 --> 00:01:58,578 did he or did he not murder his father? 49 00:01:58,703 --> 00:02:05,210 ♪ ♪ 50 00:02:05,335 --> 00:02:09,297 ‐ Every murder has at least one motive. 51 00:02:09,381 --> 00:02:11,883 Prosecutor's theory was twofold. 52 00:02:11,966 --> 00:02:14,844 Jimmy Scandirito hated his father. 53 00:02:14,969 --> 00:02:17,263 Jimmy Scandirito had a big motive 54 00:02:17,389 --> 00:02:21,393 to get money, an $800,000 inheritance. 55 00:02:21,518 --> 00:02:23,812 ‐ The defendant is a man 56 00:02:23,895 --> 00:02:26,523 who is fueled by greed. 57 00:02:26,648 --> 00:02:27,982 ♪ ♪ 58 00:02:28,066 --> 00:02:31,027 James Scandirito II did everything 59 00:02:31,111 --> 00:02:32,946 he possibly could 60 00:02:33,071 --> 00:02:35,031 to get away with murder, 61 00:02:35,156 --> 00:02:36,574 and at the end of this case, 62 00:02:36,700 --> 00:02:39,160 we will ask that you find him guilty of first degree murder 63 00:02:39,244 --> 00:02:42,872 and abuse of a dead human body. 64 00:02:42,956 --> 00:02:44,708 ‐ The defense's argument 65 00:02:44,833 --> 00:02:47,043 was that Jimmy Scandirito 66 00:02:47,168 --> 00:02:49,713 was in a drug‐induced haze. 67 00:02:49,838 --> 00:02:51,172 He was a drug addict, 68 00:02:51,256 --> 00:02:53,842 and when he was confronted 69 00:02:53,967 --> 00:02:55,802 with his father passing away 70 00:02:55,885 --> 00:02:57,345 and having a heart attack, 71 00:02:57,429 --> 00:03:00,849 he absolutely, categorically panicked 72 00:03:00,932 --> 00:03:02,642 and made a bad decision 73 00:03:02,726 --> 00:03:05,353 to dismember his father and bury him. 74 00:03:05,395 --> 00:03:08,189 ‐ If Jimmy had needed anything, 75 00:03:08,273 --> 00:03:10,442 Skip would've provided it to him. 76 00:03:10,567 --> 00:03:13,111 He made some terrible decisions, 77 00:03:13,194 --> 00:03:16,489 some criminal decisions in this case, 78 00:03:16,573 --> 00:03:18,366 but murder is not one of them. 79 00:03:18,450 --> 00:03:21,703 ‐ James Scandirito Jr. was Skip's only son. 80 00:03:21,786 --> 00:03:23,663 The defense has an obvious challenge. 81 00:03:23,747 --> 00:03:26,374 The idea that a son could chop up his father 82 00:03:26,499 --> 00:03:28,835 is too horrific to contemplate. 83 00:03:28,918 --> 00:03:30,336 But prosecutors had the burden 84 00:03:30,462 --> 00:03:31,963 to prove the case beyond a reasonable doubt. 85 00:03:32,046 --> 00:03:33,298 As the trial proceeds, 86 00:03:33,381 --> 00:03:34,924 both the defense and prosecution 87 00:03:35,008 --> 00:03:37,677 will look to family history to make their case. 88 00:03:37,802 --> 00:03:40,513 ♪ ♪ 89 00:03:40,597 --> 00:03:43,016 ‐ Skip, we call him Skip, 90 00:03:43,057 --> 00:03:44,601 was my oldest brother. 91 00:03:44,726 --> 00:03:47,103 Jimmy was an only child, his only son. 92 00:03:47,187 --> 00:03:49,689 ‐ You know, we were, like, best friends. 93 00:03:49,773 --> 00:03:52,776 You know, we played golf, you know, 94 00:03:52,901 --> 00:03:54,694 almost every week 95 00:03:54,778 --> 00:03:56,696 while I was living here in Florida. 96 00:03:56,821 --> 00:03:58,239 I love my dad. 97 00:03:58,364 --> 00:04:00,533 ‐ Skip became an attorney, 98 00:04:00,617 --> 00:04:03,620 and he was a district judge in Michigan 99 00:04:03,745 --> 00:04:06,414 in Mount Clemmons, Macomb County. 100 00:04:06,539 --> 00:04:08,041 Him and his wife, Terri, 101 00:04:08,124 --> 00:04:09,959 retired to Boca Raton, Florida. 102 00:04:10,084 --> 00:04:13,296 They had a little house and a pool and everything. 103 00:04:13,379 --> 00:04:16,633 And they just really lived a very good life. 104 00:04:16,716 --> 00:04:19,302 But Jimmy was never as driven as Skip. 105 00:04:19,385 --> 00:04:20,845 Skip was very driven. 106 00:04:20,970 --> 00:04:22,138 Worked from the bottom up, 107 00:04:22,222 --> 00:04:24,057 and Jimmy just wasn't ambitious. 108 00:04:24,182 --> 00:04:27,018 He just wanted things handed to him. 109 00:04:27,143 --> 00:04:29,270 He went kinda from job to job. 110 00:04:29,395 --> 00:04:31,022 Very much of a mama's boy. 111 00:04:31,147 --> 00:04:33,316 Terri would tell me many times 112 00:04:33,399 --> 00:04:35,568 that Jimmy hates Skip. 113 00:04:35,693 --> 00:04:37,153 I mean, he was hard on Jimmy, 114 00:04:37,237 --> 00:04:38,655 but Jimmy was also very entitled. 115 00:04:38,738 --> 00:04:39,531 ♪ ♪ 116 00:04:39,614 --> 00:04:42,951 When Terri died in 2017, 117 00:04:43,076 --> 00:04:45,537 I think Skip just was getting ready to cut him off. 118 00:04:45,620 --> 00:04:47,205 "Enough's enough, Jimmy. 119 00:04:47,288 --> 00:04:49,165 You have to make your own way." 120 00:04:49,249 --> 00:04:52,460 ‐ When Terri Scandirito died, her estate went to her husband, 121 00:04:52,544 --> 00:04:56,172 Skip Scandirito, and so Skip would've been responsible 122 00:04:56,256 --> 00:04:59,175 for doling out any of that money. 123 00:04:59,259 --> 00:05:02,095 Our theory was that Jimmy Scandirito 124 00:05:02,220 --> 00:05:04,556 did commit a homicide on his father 125 00:05:04,681 --> 00:05:07,892 and thought it was financially motivated. 126 00:05:08,017 --> 00:05:10,395 ♪ ♪ 127 00:05:10,520 --> 00:05:13,481 ‐ The weekend of March 28th 128 00:05:13,565 --> 00:05:15,859 through April 1st of 2018, 129 00:05:15,942 --> 00:05:19,445 Skip Scandirito had a relatively packed weekend. 130 00:05:19,571 --> 00:05:21,823 His good friend, Gary Goodin, 131 00:05:21,906 --> 00:05:24,492 was coming into town. 132 00:05:24,576 --> 00:05:26,786 That Sunday was Easter Sunday as well. 133 00:05:26,870 --> 00:05:28,496 ‐ But as Scandirito explains it, 134 00:05:28,580 --> 00:05:31,541 this was no ordinary father/son relationship. 135 00:05:31,624 --> 00:05:33,501 Jimmy and Skip were best friends. 136 00:05:33,585 --> 00:05:35,587 In addition to the occasional golf game, 137 00:05:35,712 --> 00:05:36,754 they would, every now and then, 138 00:05:36,838 --> 00:05:38,464 smoke pot and do cocaine together. 139 00:05:38,548 --> 00:05:41,342 Now, this is important to explain what Jimmy claims 140 00:05:41,426 --> 00:05:43,177 happened that very weekend. 141 00:05:43,303 --> 00:05:45,388 ♪ ♪ 142 00:05:49,309 --> 00:05:51,436 ‐ I come inside, I guess, you know, 143 00:05:51,561 --> 00:05:54,022 somewhere around 11:30. 144 00:05:54,147 --> 00:05:55,481 I come around, I see him. 145 00:05:55,565 --> 00:05:57,609 He's on the floor, kind of on his side, 146 00:05:57,734 --> 00:06:00,361 kind of with his head rested against the couch. 147 00:06:00,486 --> 00:06:02,739 And I yell, "Dad, are you okay?" 148 00:06:02,864 --> 00:06:04,699 And no response. 149 00:06:04,782 --> 00:06:08,077 Um, thought maybe he just passed out or something, 150 00:06:08,202 --> 00:06:11,247 so I kinda grab him and shake him a little bit 151 00:06:11,372 --> 00:06:12,415 and nothing. 152 00:06:12,498 --> 00:06:14,292 There was no pulse at all. 153 00:06:14,375 --> 00:06:16,920 He had knocked over all of the cocaine. 154 00:06:17,003 --> 00:06:19,130 It was on the floor. It was on the couch. 155 00:06:19,213 --> 00:06:20,506 It was on him. 156 00:06:20,632 --> 00:06:22,634 He was just kind of laying in it. 157 00:06:24,427 --> 00:06:25,970 ‐ No, no, no, no. 158 00:06:26,054 --> 00:06:27,597 I was more buzzed, drunk, 159 00:06:27,722 --> 00:06:29,891 and high and stoned than he was. 160 00:06:30,016 --> 00:06:32,936 And you get paranoid sometimes when you do cocaine, 161 00:06:33,019 --> 00:06:36,356 so my first reaction was, "Oh, no, I'm gonna get in trouble 162 00:06:36,439 --> 00:06:38,858 "because he died 163 00:06:38,983 --> 00:06:40,693 snorting my cocaine." 164 00:06:40,777 --> 00:06:42,946 I was panicked and scared 165 00:06:43,071 --> 00:06:45,615 and thought I had to remove my dad's body. 166 00:06:45,698 --> 00:06:50,286 That I'm gonna have to dismember my dad 167 00:06:50,411 --> 00:06:52,872 to be able to move him out of the house. 168 00:06:52,997 --> 00:06:55,458 ♪ ♪ 169 00:06:55,583 --> 00:06:57,043 ‐ For the prosecution, 170 00:06:57,085 --> 00:06:59,253 it's a son taking the life of his father. 171 00:06:59,337 --> 00:07:01,381 That's an aggravating factor. 172 00:07:01,506 --> 00:07:04,467 "He did it for money, the inheritance." 173 00:07:04,550 --> 00:07:05,969 Those are reasons why 174 00:07:06,052 --> 00:07:08,471 those prosecutors sought the death penalty. 175 00:07:08,554 --> 00:07:11,182 There was not a mountain of evidence. 176 00:07:11,224 --> 00:07:13,476 There was a continent of evidence 177 00:07:13,559 --> 00:07:16,980 that shows premeditation and planning. 178 00:07:17,063 --> 00:07:20,358 But when Jimmy Scandirito took the stand, 179 00:07:20,441 --> 00:07:23,319 he was sincere, he was remorseful, 180 00:07:23,403 --> 00:07:25,238 he was utterly embarrassed 181 00:07:25,321 --> 00:07:27,198 about what he did to his father. 182 00:07:27,281 --> 00:07:28,825 ‐ By taking the stand, 183 00:07:28,908 --> 00:07:31,744 James Scandirito is prepared to tell his grizzly story. 184 00:07:31,869 --> 00:07:34,038 Could Scandirito just be guilty 185 00:07:34,163 --> 00:07:35,456 of dismembering his father 186 00:07:35,581 --> 00:07:37,583 but innocent of murder? 187 00:07:37,709 --> 00:07:39,919 Would the jury believe him? 188 00:07:44,549 --> 00:07:46,551 ‐ A saw. A hand saw. 189 00:07:51,264 --> 00:07:52,598 ‐ Yes. 190 00:07:53,599 --> 00:07:59,522 ‐ I did not kill my dad. 191 00:07:59,564 --> 00:08:01,983 [dramatic music] 192 00:08:07,238 --> 00:08:10,158 Just passed out onto the table. 193 00:08:10,241 --> 00:08:13,703 ‐ So you thought that he had perhaps overdosed, 194 00:08:13,786 --> 00:08:15,580 and did that worry you? 195 00:08:15,705 --> 00:08:17,415 ‐ I was very worried. 196 00:08:17,540 --> 00:08:19,542 I was panicked and scared 197 00:08:19,667 --> 00:08:22,670 and thought I had to remove my dad's body. 198 00:08:22,712 --> 00:08:27,258 That I'm gonna have to dismember my dad 199 00:08:27,383 --> 00:08:31,012 to be able to move him out of the house. 200 00:08:32,055 --> 00:08:33,681 ‐ In a rare move, James Scandirito Jr. 201 00:08:33,765 --> 00:08:35,933 is taking the stand in his own defense. 202 00:08:36,017 --> 00:08:38,269 He claims he discovered his father, Skip, 203 00:08:38,352 --> 00:08:39,771 already deceased, 204 00:08:39,896 --> 00:08:42,023 and though he admits to dismembering his father 205 00:08:42,106 --> 00:08:43,691 in a drug‐induced panic, 206 00:08:43,775 --> 00:08:47,028 he is adamant that he is not guilty of murder. 207 00:08:47,153 --> 00:08:49,697 The story Jimmy Scandirito initially told police 208 00:08:49,739 --> 00:08:52,366 would create another challenge. 209 00:08:52,492 --> 00:08:56,162 ♪ ♪ 210 00:08:56,245 --> 00:08:58,706 ‐ The Boca Raton Police Department received a call 211 00:08:58,790 --> 00:09:00,625 about a missing person. 212 00:09:00,750 --> 00:09:02,585 I initially went to the residence 213 00:09:02,710 --> 00:09:04,003 of Skip Scandirito, 214 00:09:04,045 --> 00:09:07,173 and I met with the victim's son, Jimmy, 215 00:09:07,215 --> 00:09:09,217 and Skip's buddy, Gary Goodin. 216 00:09:09,342 --> 00:09:12,970 They reported to me that they hadn't seen Skip for a while, 217 00:09:13,054 --> 00:09:15,348 and they wanted to report him missing. 218 00:09:15,473 --> 00:09:18,684 ‐ The idea was put forth by Jimmy Scandirito 219 00:09:18,768 --> 00:09:21,020 that his father had gone kayaking. 220 00:09:21,104 --> 00:09:23,564 ‐ The victim's vehicle was a small SUV. 221 00:09:23,648 --> 00:09:26,818 That was located at Delray Beach. 222 00:09:30,696 --> 00:09:34,200 ‐ I happened to find a receipt from Home Depot 223 00:09:34,283 --> 00:09:36,452 on the passenger floorboard. 224 00:09:36,577 --> 00:09:39,080 I thought it was a little unusual, 225 00:09:39,163 --> 00:09:41,249 I guess you could say. 226 00:09:41,374 --> 00:09:44,460 It had shown the purchase of a hand truck and a gas can. 227 00:09:44,544 --> 00:09:45,753 We took the next step 228 00:09:45,878 --> 00:09:47,505 to pull some of Skip's financial records, 229 00:09:47,588 --> 00:09:48,965 and upon reviewing, 230 00:09:49,048 --> 00:09:51,467 we discovered that there were some credit card charges. 231 00:09:51,551 --> 00:09:53,719 So we went and pulled the video. 232 00:09:53,845 --> 00:09:55,847 We see Jimmy Scandirito 233 00:09:55,930 --> 00:09:57,849 using his father's credit cards 234 00:09:57,932 --> 00:10:00,601 to purchase a crime scene cleanup kit. 235 00:10:00,685 --> 00:10:02,145 That started this investigation 236 00:10:02,228 --> 00:10:04,647 going from a missing person's investigation 237 00:10:04,730 --> 00:10:06,732 to something else at that point. 238 00:10:07,984 --> 00:10:10,862 ‐ Now Jimmy Scandirito was undoubtedly the prime suspect. 239 00:10:10,945 --> 00:10:12,029 ♪ ♪ 240 00:10:12,113 --> 00:10:13,906 ‐ After Skip had been reported missing, 241 00:10:14,031 --> 00:10:17,702 we had our surveillance team covertly following Jimmy. 242 00:10:17,785 --> 00:10:19,954 Jimmy's actions were so bizarre 243 00:10:20,079 --> 00:10:21,956 that we knew that we were working on 244 00:10:22,081 --> 00:10:23,875 obviously something very serious. 245 00:10:24,000 --> 00:10:27,420 We observed Jimmy walk onto a large abandoned golf course 246 00:10:27,545 --> 00:10:29,005 not far from Skip's residence. 247 00:10:29,088 --> 00:10:32,383 There were sand traps, there were lakes. 248 00:10:32,466 --> 00:10:34,343 ‐ I basically decide that I need 249 00:10:34,427 --> 00:10:36,596 to bury the torso 250 00:10:36,721 --> 00:10:38,389 and the lower extremities 251 00:10:38,514 --> 00:10:39,891 somewhere out in the golf course. 252 00:10:40,016 --> 00:10:41,851 I know it's an abandoned golf course. 253 00:10:41,934 --> 00:10:44,812 ‐ He spent 45 minutes on the golf course, 254 00:10:44,896 --> 00:10:46,647 and then he returned to his vehicle 255 00:10:46,731 --> 00:10:48,566 dragging some suitcases. 256 00:10:48,691 --> 00:10:50,776 And then threw them in a dumpster 257 00:10:50,902 --> 00:10:52,361 not far from the golf course, 258 00:10:52,445 --> 00:10:54,739 so we instantly secured that dumpster area. 259 00:10:54,864 --> 00:10:56,532 ‐ When they lifted the suitcase out, 260 00:10:56,574 --> 00:11:00,578 immediately they noticed that there was a strong odor 261 00:11:00,703 --> 00:11:02,622 coming from these suitcases. 262 00:11:02,747 --> 00:11:04,123 There were maggots. 263 00:11:04,207 --> 00:11:06,542 There is what appear to be bodily fluid. 264 00:11:06,626 --> 00:11:09,545 ‐ Palm Beach County Sheriff's Office took their K9 dog 265 00:11:09,670 --> 00:11:11,339 onto the golf course. 266 00:11:11,380 --> 00:11:13,466 They were able to unearth 267 00:11:13,549 --> 00:11:14,842 two body parts 268 00:11:14,884 --> 00:11:16,677 in a shallow grave on the golf course. 269 00:11:16,761 --> 00:11:19,847 The decision was made to arrest Jimmy Scandirito 270 00:11:19,889 --> 00:11:22,016 for the homicide of his father. 271 00:11:22,099 --> 00:11:24,435 ‐ Skip Scandirito is believed to have died 272 00:11:24,518 --> 00:11:26,938 the night of March 28, 2018. 273 00:11:27,063 --> 00:11:29,148 It's clear that Jimmy Scandirito 274 00:11:29,232 --> 00:11:31,192 took drastic measures to conceal the crime. 275 00:11:31,317 --> 00:11:33,653 His attorneys know that appearing truthful 276 00:11:33,736 --> 00:11:34,987 to the jury is critical, 277 00:11:35,071 --> 00:11:36,530 so he'll have to take the jurors 278 00:11:36,614 --> 00:11:39,617 through the ugly events of the night in his own words. 279 00:11:39,700 --> 00:11:43,079 ♪ ♪ 280 00:11:56,425 --> 00:11:57,927 ‐ Yes. 281 00:11:58,052 --> 00:12:00,346 I... 282 00:12:00,471 --> 00:12:02,181 basically come to the realization 283 00:12:02,306 --> 00:12:04,600 that I'm not gonna be able 284 00:12:04,684 --> 00:12:08,771 to load my father's body 285 00:12:08,896 --> 00:12:11,023 into the back of his truck 286 00:12:11,148 --> 00:12:14,860 if I'm going to bury it or remove him. 287 00:12:20,741 --> 00:12:23,286 ‐ A saw. It's a hand saw. 288 00:12:30,793 --> 00:12:34,171 ‐ The arm, let's say, is finally dismembered. 289 00:12:34,297 --> 00:12:36,424 It kind of falls 290 00:12:36,549 --> 00:12:38,092 into the garbage bag. 291 00:12:38,217 --> 00:12:41,679 Eventually ended up putting 'em all into three suitcases. 292 00:12:41,762 --> 00:12:43,347 ‐ Describing those details 293 00:12:43,431 --> 00:12:45,808 was an intentional strategy by the defense. 294 00:12:45,891 --> 00:12:48,060 They contend that Scandirito's actions 295 00:12:48,185 --> 00:12:50,187 are those of a drug‐fueled man 296 00:12:50,313 --> 00:12:53,691 who panicked and then hastily buried his father. 297 00:12:53,774 --> 00:12:56,360 ‐ They found him in the golf course. 298 00:12:56,485 --> 00:12:59,655 It wasn't all of him. Parts were missing. 299 00:12:59,739 --> 00:13:02,116 ‐ The area from the neck 300 00:13:02,241 --> 00:13:05,619 including the head on up was missing. 301 00:13:05,745 --> 00:13:07,496 Both upper extremities, right and left, 302 00:13:07,580 --> 00:13:08,873 they were gone. 303 00:13:08,998 --> 00:13:11,876 And then from mid‐thigh on down, that was gone. 304 00:13:11,917 --> 00:13:14,670 So all we had left was from about here 305 00:13:14,754 --> 00:13:16,088 to mid‐thigh. 306 00:13:16,172 --> 00:13:18,215 What was left here, the trunk, 307 00:13:18,341 --> 00:13:21,427 was actually bisected into two pieces. 308 00:13:21,510 --> 00:13:23,220 So you can essentially see 309 00:13:23,304 --> 00:13:25,890 where a saw, something like a hand saw, was used 310 00:13:26,015 --> 00:13:28,100 to dismember the body. 311 00:13:28,225 --> 00:13:29,810 ‐ Even if the jury believed 312 00:13:29,894 --> 00:13:32,063 Scandirito was a grief‐stricken son, 313 00:13:32,188 --> 00:13:35,316 they would have to consider, if he was capable 314 00:13:35,399 --> 00:13:38,569 of such horrors, what else he was capable of. 315 00:13:38,652 --> 00:13:40,863 ‐ Certainly made some bad decisions. 316 00:13:40,946 --> 00:13:43,407 ‐ Horrible decisions. ‐ Okay. 317 00:13:43,491 --> 00:13:47,620 But you did not participate in any way at all 318 00:13:47,745 --> 00:13:49,205 with the death of your father? 319 00:13:49,246 --> 00:13:54,502 ‐ I did not. 320 00:13:54,585 --> 00:13:56,003 [dramatic music] 321 00:13:56,087 --> 00:13:57,838 ‐ Facing the death penalty, 322 00:13:57,922 --> 00:13:58,964 James Scandirito Jr. is taking the stand 323 00:13:59,048 --> 00:14:00,716 to fight for his life. 324 00:14:00,841 --> 00:14:02,843 His decision to do that leaves him open 325 00:14:02,927 --> 00:14:05,179 to cross‐examination by the prosecution, 326 00:14:05,262 --> 00:14:07,723 and they intend to make the case for murder 327 00:14:07,848 --> 00:14:09,725 by laying out a financial motive. 328 00:14:09,809 --> 00:14:13,020 ♪ ♪ 329 00:14:13,104 --> 00:14:14,939 ‐ Your mother was concerned 330 00:14:15,064 --> 00:14:16,482 about your relationship with your father. 331 00:14:16,565 --> 00:14:18,317 She made your father promise 332 00:14:18,401 --> 00:14:21,028 to good care of you when she passed. 333 00:14:21,112 --> 00:14:22,905 ‐ Yeah, he's difficult. 334 00:14:23,030 --> 00:14:25,533 ‐ Especially that month, right? ‐ Yes. 335 00:14:25,616 --> 00:14:29,703 ‐ At the timeframe that this incident started, 336 00:14:29,787 --> 00:14:31,038 Jimmy was broke. 337 00:14:31,122 --> 00:14:34,333 Jimmy had about $3 or $4 in his checking account. 338 00:14:34,417 --> 00:14:36,460 ‐ You said that you had bad credit? 339 00:14:36,544 --> 00:14:37,670 ‐ Yes. 340 00:14:37,753 --> 00:14:41,674 I've had bad credit since college. 341 00:14:41,757 --> 00:14:43,050 ‐ He was spending a lot of money. 342 00:14:43,134 --> 00:14:44,969 He was living way beyond his means. 343 00:14:50,599 --> 00:14:51,976 ‐ I don't. 344 00:14:55,438 --> 00:14:56,522 ‐ I believe so. 345 00:14:56,647 --> 00:14:59,066 ‐ Where Jimmy kind of went off the deep end 346 00:14:59,150 --> 00:15:01,026 was when his mother died. 347 00:15:01,152 --> 00:15:03,571 His father basically cut him off. 348 00:15:04,363 --> 00:15:05,990 ‐ Boca police say they learned 349 00:15:06,073 --> 00:15:08,367 Scandirito Sr. had some 800 grand in accounts 350 00:15:08,409 --> 00:15:10,077 where his son was the beneficiary. 351 00:15:10,202 --> 00:15:11,871 And police said Junior 352 00:15:11,996 --> 00:15:15,166 had already tried to cash out $9,500. 353 00:15:19,086 --> 00:15:22,256 ‐ No. I would never think that way. 354 00:15:22,339 --> 00:15:25,009 ♪ ♪ 355 00:15:31,474 --> 00:15:32,558 ‐ Arms, legs, and head. 356 00:15:34,935 --> 00:15:37,021 ‐ Both the tarps were in the garage. 357 00:15:38,397 --> 00:15:41,567 ‐ Yeah, and I had a poncho on. 358 00:15:42,651 --> 00:15:43,736 ‐ I was just horrified. 359 00:15:43,861 --> 00:15:45,362 I never thought that 360 00:15:45,446 --> 00:15:47,198 anybody in our family would ever do that 361 00:15:47,281 --> 00:15:49,783 to another person, let alone their father. 362 00:15:49,909 --> 00:15:52,203 ‐ The dad dies, you call 911. 363 00:15:52,286 --> 00:15:54,788 You don't go to Walmart and get saws 364 00:15:54,914 --> 00:15:58,250 and hack them up and hide the body parts. 365 00:15:58,334 --> 00:15:59,919 ‐ I made a bunch of stupid decisions. 366 00:16:00,002 --> 00:16:03,172 I'm not a, you know, career criminal 367 00:16:03,255 --> 00:16:05,049 that plans, you know... 368 00:16:08,886 --> 00:16:10,137 ‐ I had money. 369 00:16:10,221 --> 00:16:12,723 ‐ Skip Scandirito's cause of death 370 00:16:12,848 --> 00:16:15,518 was homicide by the specified means 371 00:16:15,601 --> 00:16:18,521 because I don't have the rest of those body parts. 372 00:16:18,646 --> 00:16:20,189 Alligators in Florida, 373 00:16:20,314 --> 00:16:22,900 they do prefer decomposed meat. 374 00:16:22,983 --> 00:16:25,861 So his body parts could easily be inside 375 00:16:25,945 --> 00:16:27,321 an alligator somewhere. 376 00:16:27,404 --> 00:16:29,490 ‐ With no head or limbs to examine, 377 00:16:29,573 --> 00:16:32,910 proving how Skip Scandirito died is difficult, 378 00:16:32,993 --> 00:16:35,037 but there is one key piece of evidence 379 00:16:35,120 --> 00:16:36,705 discovered by the medical examiner. 380 00:16:36,789 --> 00:16:40,584 ‐ Skip Scandirito had no cocaine in his system at all. 381 00:16:40,668 --> 00:16:43,170 The drug use has nothing to do with his death. 382 00:16:43,254 --> 00:16:46,048 ‐ James Scandirito testifies in great detail 383 00:16:46,131 --> 00:16:47,800 that his father was doing cocaine 384 00:16:47,883 --> 00:16:49,385 the night he supposedly died, 385 00:16:49,468 --> 00:16:52,263 but the autopsy report suggested otherwise. 386 00:16:52,388 --> 00:16:54,181 ‐ I don't believe he ever did cocaine, 387 00:16:54,306 --> 00:16:56,392 and everybody knew he didn't. 388 00:16:56,475 --> 00:16:57,518 ♪ ♪ 389 00:16:57,601 --> 00:16:59,770 ‐ Jimmy, he had fled Southeast Florida. 390 00:16:59,895 --> 00:17:01,897 He had travel plans 391 00:17:02,022 --> 00:17:04,233 to potentially fly 392 00:17:04,358 --> 00:17:07,027 from Miami to the Cayman Islands 393 00:17:07,111 --> 00:17:08,612 to Columbia. 394 00:17:08,696 --> 00:17:11,031 He had researched private jet companies, 395 00:17:11,115 --> 00:17:13,325 and he had a U. S. passport. 396 00:17:13,409 --> 00:17:16,245 It looked like he was trying to flee the country. 397 00:17:16,328 --> 00:17:18,956 ‐ James Scandirito is fighting for his life. 398 00:17:19,039 --> 00:17:20,749 He puts it all on the line 399 00:17:20,874 --> 00:17:22,793 relaying the gruesome details 400 00:17:22,876 --> 00:17:25,087 of how he dismembered and buried his father. 401 00:17:25,212 --> 00:17:28,841 But he stopped short of confessing to killing him. 402 00:17:28,966 --> 00:17:30,342 ‐ I did not kill my dad. 403 00:17:30,426 --> 00:17:32,469 ‐ Will the jury find his testimony convincing? 404 00:17:32,553 --> 00:17:35,014 Will his decision to testify save his life 405 00:17:35,097 --> 00:17:36,640 or seal his fate? 406 00:17:36,724 --> 00:17:39,518 ‐ As the jury left the room to deliberate, 407 00:17:39,643 --> 00:17:41,020 it is a scenario 408 00:17:41,145 --> 00:17:43,814 that is completely out of your control. 409 00:17:43,897 --> 00:17:45,274 The most that you can do is hope 410 00:17:45,399 --> 00:17:47,568 that you presented the best case that you could. 411 00:17:47,651 --> 00:17:53,032 ♪ ♪ 412 00:17:53,073 --> 00:17:54,325 [gavel bangs] 413 00:17:54,408 --> 00:17:55,826 ‐ All rise. Court is now back in session. 414 00:17:55,909 --> 00:17:57,202 [dramatic music] 415 00:17:57,328 --> 00:17:59,121 ‐ James Scandirito spent days testifying 416 00:17:59,246 --> 00:18:01,165 to the gruesome details 417 00:18:01,248 --> 00:18:03,125 of dismembering and burying his father, 418 00:18:03,250 --> 00:18:05,169 who he claims was already dead. 419 00:18:05,252 --> 00:18:07,546 Now the jury has the final word. 420 00:18:07,630 --> 00:18:10,591 ♪ ♪ 421 00:18:10,716 --> 00:18:12,134 ‐ Mr. Scandirito, 422 00:18:12,217 --> 00:18:14,094 you will rise to receive our jury's verdict. 423 00:18:14,178 --> 00:18:16,180 ‐ We the jury find as follows: 424 00:18:16,263 --> 00:18:19,642 as to count one, we find the defendant... 425 00:18:19,725 --> 00:18:20,934 not guilty. 426 00:18:21,060 --> 00:18:22,311 As to count two, 427 00:18:22,394 --> 00:18:24,188 we find the defendant guilty 428 00:18:24,271 --> 00:18:26,440 of abuse of a dead human body. 429 00:18:26,565 --> 00:18:27,733 ‐ It worked. 430 00:18:27,858 --> 00:18:29,276 James Scandirito's testimony 431 00:18:29,401 --> 00:18:31,695 convinced the jurors that he was only guilty 432 00:18:31,820 --> 00:18:34,615 of the charge of abuse of a dead human body 433 00:18:34,740 --> 00:18:36,158 but not guilty of murder. 434 00:18:36,241 --> 00:18:38,994 ‐ So say we all, this 21st day of March, 435 00:18:39,078 --> 00:18:41,747 2019, in West Palm Beach, 436 00:18:41,872 --> 00:18:43,040 Palm Beach County, Florida, 437 00:18:43,123 --> 00:18:44,875 signed jury foreperson. 438 00:18:44,958 --> 00:18:48,420 ‐ The prosecution thought they had a slam dunk case, 439 00:18:48,545 --> 00:18:51,882 but Jimmy Scandirito rolled the dice, 440 00:18:51,965 --> 00:18:55,844 and he put a rope through a needle. 441 00:18:55,928 --> 00:18:57,179 ‐ When they read the verdict 442 00:18:57,304 --> 00:18:58,722 and said that Jimmy 443 00:18:58,847 --> 00:19:01,600 was not guilty of murder, 444 00:19:01,725 --> 00:19:03,769 I was very disappointed. 445 00:19:03,894 --> 00:19:05,062 I just couldn't believe 446 00:19:05,187 --> 00:19:06,522 that he could just get away with it. 447 00:19:06,647 --> 00:19:08,190 ‐ But sentencing is still to come, 448 00:19:08,315 --> 00:19:09,900 and the judge had a lot of leeway 449 00:19:09,983 --> 00:19:11,193 on what kind of time 450 00:19:11,235 --> 00:19:13,570 James Scandirito could spend behind bars 451 00:19:13,654 --> 00:19:15,406 for the crime he was convicted of. 452 00:19:15,489 --> 00:19:20,160 ♪ ♪ 453 00:19:39,096 --> 00:19:41,473 ♪ ♪ 454 00:19:41,557 --> 00:19:44,476 ‐ Scandirito's testimony clearly swayed the jury 455 00:19:44,560 --> 00:19:47,354 but maybe not as much the judge, 456 00:19:47,438 --> 00:19:49,356 who was determined to throw the book at him 457 00:19:49,440 --> 00:19:52,234 for the heinous crime of dismembering his father. 458 00:19:52,317 --> 00:19:55,487 ‐ When I saw Jimmy was gonna take the stand, 459 00:19:55,571 --> 00:19:58,240 I knew that he was gonna have to tell details 460 00:19:58,365 --> 00:20:00,367 about the dismemberment. 461 00:20:00,451 --> 00:20:02,953 I thought, "That's gonna be the nail in his coffin," 462 00:20:03,078 --> 00:20:04,997 but it didn't turn out that way 463 00:20:05,080 --> 00:20:07,249 because the jury believed him. 464 00:20:07,374 --> 00:20:09,710 ‐ I think Jimmy Scandirito got away with murder. 465 00:20:09,793 --> 00:20:11,003 ♪ ♪ 466 00:20:11,086 --> 00:20:15,090 ‐ The prosecution could not prove exactly what killed Skip, 467 00:20:15,215 --> 00:20:16,759 and without that information, 468 00:20:16,842 --> 00:20:19,178 the jurors decided that James Scandirito 469 00:20:19,261 --> 00:20:21,346 could not be convicted of murder. 470 00:20:21,430 --> 00:20:25,392 ‐ If William Shakespeare were alive today, 471 00:20:25,517 --> 00:20:28,979 there would be a play called "Jimmy Scandirito." 472 00:20:29,062 --> 00:20:30,773 I think Jimmy Scandirito 473 00:20:30,898 --> 00:20:34,860 is the luckiest man in the United States of America. 474 00:20:35,861 --> 00:20:37,404 The jury has spoken. 475 00:20:37,529 --> 00:20:40,616 ‐ James Scandirito Jr. is serving his 15 year sentence 476 00:20:40,741 --> 00:20:42,534 in Graceville Correctional Facility. 477 00:20:42,618 --> 00:20:47,539 When released, Scandirito will likely be 64 years old. 478 00:20:47,581 --> 00:20:52,711 ♪ ♪ 479 00:20:52,836 --> 00:20:55,631 Defendants are never forced to take the stand, 480 00:20:55,714 --> 00:20:58,175 but that decision is likely the biggest one 481 00:20:58,217 --> 00:20:59,593 they ever make. 482 00:20:59,718 --> 00:21:02,638 For "Under Oath," I'm Dan Abrams.