1 00:00:01,962 --> 00:00:05,840 [tense music] 2 00:00:05,924 --> 00:00:07,300 ‐ It's incredibly rare 3 00:00:07,384 --> 00:00:09,177 for a criminal defendant to take the stand. 4 00:00:09,261 --> 00:00:10,887 It's a risk very few take. 5 00:00:10,971 --> 00:00:14,516 At stake? One's freedom or even their life. 6 00:00:15,600 --> 00:00:17,394 This is Lindsay Partin, housewife, mother 7 00:00:17,519 --> 00:00:19,938 charged with killing three‐year‐old Hannah Wesche. 8 00:00:20,021 --> 00:00:22,190 She decided to take that gamble. 9 00:00:22,274 --> 00:00:23,525 ‐ They just kept telling me 10 00:00:23,608 --> 00:00:25,318 "Something happened, something happened." 11 00:00:25,402 --> 00:00:28,029 ‐ Will it help her convince the jury she's not guilty? 12 00:00:28,113 --> 00:00:30,031 ‐ I just gave them the answers they wanted to hear. 13 00:00:30,156 --> 00:00:31,491 I didn't want anybody to be in trouble. 14 00:00:31,575 --> 00:00:33,368 ‐ Or, will it come back to haunt her? 15 00:00:33,451 --> 00:00:36,288 ‐ I didn't think she was gonna pass away. 16 00:00:36,413 --> 00:00:40,166 ‐ Take a courtside seat with... 17 00:00:44,713 --> 00:00:46,214 And Lindsay's cousin. 18 00:00:46,339 --> 00:00:49,342 I'm Dan Abrams, and this is "Under Oath." 19 00:00:49,384 --> 00:00:51,511 ‐ Raise your right hand. ‐ Do you solemnly swear? 20 00:00:51,636 --> 00:00:54,180 ‐ I'm being honest with everything I say to you. 21 00:00:54,264 --> 00:00:55,724 ‐ Do you solemnly swear? 22 00:00:55,849 --> 00:00:57,100 ‐ The whole truth and nothing but the truth? 23 00:00:57,183 --> 00:00:58,393 ‐ I would like to testify. 24 00:00:58,518 --> 00:01:00,186 ‐ The testimony you are about to give‐‐ 25 00:01:00,312 --> 00:01:01,354 The whole truth and nothing but the truth‐‐ 26 00:01:01,479 --> 00:01:02,772 So help you God. 27 00:01:05,567 --> 00:01:07,819 ‐ The story that you've now come up with today 28 00:01:07,902 --> 00:01:09,112 is that you never hurt Hannah. 29 00:01:09,237 --> 00:01:10,864 ‐ That's not a story, that's the truth. 30 00:01:10,905 --> 00:01:13,700 ♪ ♪ 31 00:01:13,783 --> 00:01:14,743 ♪ ♪ 32 00:01:20,123 --> 00:01:21,207 ♪ ♪ 33 00:01:21,291 --> 00:01:23,084 ‐ Mother of two, Lindsay Partin, 34 00:01:23,209 --> 00:01:24,377 was indicted for the murder of Hannah Wesche, 35 00:01:24,502 --> 00:01:26,171 who she'd been babysitting. 36 00:01:26,254 --> 00:01:28,965 Hannah died of head trauma after ten days 37 00:01:29,049 --> 00:01:31,635 in Cincinnati Children's Hospital in 2018. 38 00:01:31,718 --> 00:01:34,262 Lindsay and her attorneys knew her cross‐examination 39 00:01:34,346 --> 00:01:36,348 in a child abuse case would be tough. 40 00:01:36,473 --> 00:01:38,600 But they believed Lindsay needed to take the stand 41 00:01:38,725 --> 00:01:41,519 to address her statements to sheriff's detectives, 42 00:01:41,603 --> 00:01:43,063 statements that led to questions 43 00:01:43,188 --> 00:01:44,773 about her credibility. 44 00:01:53,948 --> 00:01:56,034 ♪ ♪ 45 00:01:56,117 --> 00:01:58,244 ♪ ♪ 46 00:01:58,370 --> 00:02:02,040 ‐ Jurors want to hear from those that are accused 47 00:02:02,165 --> 00:02:03,708 of committing crimes against children 48 00:02:03,792 --> 00:02:05,377 and that the person on the witness stand 49 00:02:05,460 --> 00:02:07,629 says, "I didn't do that, I would never do that, 50 00:02:07,712 --> 00:02:09,839 I couldn't do that." 51 00:02:09,923 --> 00:02:11,299 ‐ When she was arrested, 52 00:02:11,383 --> 00:02:12,884 she had never been in any trouble before. 53 00:02:13,009 --> 00:02:15,011 Never even with, like, a schoolteacher 54 00:02:15,095 --> 00:02:16,680 or her parents, I mean nobody. 55 00:02:16,763 --> 00:02:18,181 ‐ She's a mother of two. 56 00:02:18,223 --> 00:02:21,601 She was a cheerleader, she was a Girl Scout. 57 00:02:21,685 --> 00:02:25,063 You look back, and she had zero criminal history. 58 00:02:25,188 --> 00:02:26,690 We couldn't even find a parking ticket. 59 00:02:26,773 --> 00:02:28,733 ‐ Lindsay started a home daycare business 60 00:02:28,858 --> 00:02:32,529 when her girls were just in their toddler years. 61 00:02:32,654 --> 00:02:34,656 Lindsay really loved having the kids around. 62 00:02:34,739 --> 00:02:38,159 They had this big garage, so she and her husband 63 00:02:38,243 --> 00:02:40,370 converted it into a play place. 64 00:02:40,495 --> 00:02:42,539 ♪ ♪ 65 00:02:42,664 --> 00:02:44,374 Jason Wesche moved in next door 66 00:02:44,499 --> 00:02:46,710 to be a mechanic for Lindsay's 67 00:02:46,835 --> 00:02:47,919 father‐in‐law's company. 68 00:02:48,044 --> 00:02:49,295 ‐ Lindsay babysat other children 69 00:02:49,379 --> 00:02:50,880 and had her children as well. 70 00:02:51,005 --> 00:02:52,465 She said she would watch Hannah, 71 00:02:52,549 --> 00:02:55,176 so we came up with arrangements for her to babysit. 72 00:02:55,301 --> 00:02:56,594 ‐ She had said she was rambunctious. 73 00:02:56,678 --> 00:02:58,430 Like, the kind of kid that would 74 00:02:58,555 --> 00:03:00,348 leap off the back of the couch into your arms 75 00:03:00,432 --> 00:03:02,016 whether you were prepared for it or not. 76 00:03:02,100 --> 00:03:05,437 ‐ We would go to the creek and get rocks and paint rocks. 77 00:03:05,562 --> 00:03:08,189 We did lessons, I taught them their letters, 78 00:03:08,273 --> 00:03:09,190 their numbers, their shapes, 79 00:03:09,232 --> 00:03:11,484 how to spell their name. 80 00:03:11,568 --> 00:03:14,154 ‐ It was early in the morning, March 8th. 81 00:03:14,237 --> 00:03:16,364 Jason Wesche's getting ready for work. 82 00:03:16,489 --> 00:03:18,366 He is a single dad, 83 00:03:18,450 --> 00:03:20,368 raising his three‐year‐old daughter Hannah. 84 00:03:20,493 --> 00:03:23,079 Drove her right next door to the babysitter, 85 00:03:23,204 --> 00:03:24,539 Lindsay Partin's house. 86 00:03:24,664 --> 00:03:27,959 ‐ When I took her in, I'd give her hugs and kisses. 87 00:03:28,084 --> 00:03:29,878 And that morning was a little different 88 00:03:30,003 --> 00:03:31,421 because she kept asking for a kiss 89 00:03:31,546 --> 00:03:33,465 over and over and over again. 90 00:03:33,548 --> 00:03:37,802 ‐ About 30 seconds to a minute after Jason left the house, 91 00:03:37,886 --> 00:03:39,846 he gets a frantic phone call from Lindsay Partin 92 00:03:39,929 --> 00:03:42,056 saying something is wrong with your daughter. 93 00:03:42,182 --> 00:03:44,184 ♪ ♪ 94 00:03:44,267 --> 00:03:45,852 ‐ And then 911 was called, 95 00:03:45,935 --> 00:03:47,353 and it was a 90‐second timeline 96 00:03:47,479 --> 00:03:50,315 that Lindsay had Hannah in her care that morning. 97 00:03:57,155 --> 00:03:58,031 ‐ I walked in. 98 00:03:58,156 --> 00:04:00,283 Hannah was on the floor. 99 00:04:00,366 --> 00:04:01,534 I ended up picking her up 100 00:04:01,659 --> 00:04:03,536 and taking her into the garage. 101 00:04:03,620 --> 00:04:06,498 And laying her on the couch. 102 00:04:06,581 --> 00:04:08,082 She was kind of gasping for air. 103 00:04:08,208 --> 00:04:09,417 She wasn't really breathing. 104 00:04:09,542 --> 00:04:11,252 She wouldn't take another breath 105 00:04:11,377 --> 00:04:13,463 until I yelled at her or I...said her name. 106 00:04:13,546 --> 00:04:15,340 And she'd take another breath, 107 00:04:15,423 --> 00:04:17,342 and then it would come out slow. 108 00:04:25,767 --> 00:04:27,852 ‐ You felt like there was genuine panic, 109 00:04:27,936 --> 00:04:30,522 genuine concern in Lindsay Partin's voice. 110 00:04:41,574 --> 00:04:43,284 ‐ We found Hannah laying on the couch. 111 00:04:43,409 --> 00:04:44,452 Her eyes were open. 112 00:04:44,577 --> 00:04:45,787 They were not moving, 113 00:04:45,912 --> 00:04:47,747 they were not following us‐‐ tracking us. 114 00:04:47,831 --> 00:04:49,791 Her breathing was rather strange. 115 00:04:49,916 --> 00:04:52,752 Almost like a cry as well, like a little moan and groan. 116 00:04:52,836 --> 00:04:54,212 ♪ ♪ 117 00:04:54,337 --> 00:04:56,172 We felt it better to transport down 118 00:04:56,256 --> 00:04:57,465 to Fort Hamilton Hospital, 119 00:04:57,549 --> 00:04:59,175 only about four to five miles away 120 00:04:59,259 --> 00:05:00,343 from our location. 121 00:05:00,426 --> 00:05:02,846 We wheel Hannah into ER room 10. 122 00:05:02,971 --> 00:05:04,347 We do another pupils check. 123 00:05:04,430 --> 00:05:06,099 One of her pupils had blown out. 124 00:05:06,224 --> 00:05:07,475 When you see a blown‐out pupil, 125 00:05:07,559 --> 00:05:08,726 and the other pupil's still constricted 126 00:05:08,810 --> 00:05:10,436 or still normal, that's a good indication 127 00:05:10,562 --> 00:05:12,021 of a head injury. 128 00:05:12,105 --> 00:05:14,190 ‐ On the same day that Hannah went to the hospital, 129 00:05:14,315 --> 00:05:15,441 Lindsay voluntarily went down 130 00:05:15,567 --> 00:05:17,235 to the Butler County detectives. 131 00:05:17,318 --> 00:05:19,070 ‐ Lindsay Partin waived her Miranda Rights 132 00:05:19,195 --> 00:05:21,489 and that she just was questioned, 133 00:05:21,573 --> 00:05:23,867 answering any of the questions the detectives had. 134 00:05:23,992 --> 00:05:27,745 They obviously were suspicious of something. 135 00:05:27,871 --> 00:05:30,206 ‐ Lindsay Partin talked to Butler County detectives 136 00:05:30,331 --> 00:05:32,083 on March 8, 2018, 137 00:05:32,208 --> 00:05:34,335 the day Hannah was first taken to a local hospital 138 00:05:34,460 --> 00:05:36,254 and then airlifted to Cincinnati 139 00:05:36,379 --> 00:05:38,256 to undergo emergency brain surgery. 140 00:05:38,381 --> 00:05:39,716 The next day, March 9th, 141 00:05:39,841 --> 00:05:41,718 doctors had started to develop a theory 142 00:05:41,843 --> 00:05:44,262 about Hannah's injuries that led detectives 143 00:05:44,345 --> 00:05:45,847 back to Lindsay Partin 144 00:05:45,972 --> 00:05:47,557 and a second interview 145 00:05:47,682 --> 00:05:49,976 that confirmed certain suspicions. 146 00:05:59,652 --> 00:06:02,363 ‐ Doctors battled ten days in an ICU 147 00:06:02,488 --> 00:06:04,532 to try to save Hannah Wesche's life. 148 00:06:04,616 --> 00:06:07,368 ‐ Did Hannah ever regain consciousness? 149 00:06:07,493 --> 00:06:09,037 ‐ No, ma'am. 150 00:06:10,204 --> 00:06:12,165 ‐ A forensic pathologist testified 151 00:06:12,248 --> 00:06:14,834 that Hannah's death was a homicide. 152 00:06:21,883 --> 00:06:23,509 ‐ Lindsay's statements to detectives 153 00:06:23,593 --> 00:06:25,345 was just so crucial and damning for her 154 00:06:25,470 --> 00:06:26,638 that we really had no choice. 155 00:06:26,721 --> 00:06:29,307 Lindsay had to take the stand. 156 00:06:29,390 --> 00:06:30,642 ‐ Did you lie to the police? 157 00:06:30,725 --> 00:06:40,652 ‐ I told them what they wanted to hear. 158 00:06:40,735 --> 00:06:42,946 ‐ We found Hannah laying on the couch. 159 00:06:43,071 --> 00:06:44,280 Her eyes were open. 160 00:06:44,364 --> 00:06:45,698 They were not moving. 161 00:06:45,782 --> 00:06:47,533 They were not following us, tracking us. 162 00:06:47,617 --> 00:06:49,869 ‐ As little Hannah Wesche fought for her life 163 00:06:49,953 --> 00:06:51,412 in Cincinnati Children's Hospital, 164 00:06:51,496 --> 00:06:53,498 Her doctors held on to a single theory 165 00:06:53,581 --> 00:06:54,832 about her condition. 166 00:06:54,916 --> 00:06:56,501 Hannah's head injuries were caused 167 00:06:56,584 --> 00:06:59,170 by abusive head trauma, and the symptoms occurred 168 00:06:59,295 --> 00:07:01,255 nearly simultaneous to the abuse. 169 00:07:01,339 --> 00:07:04,467 That theory pointed detectives toward Lindsay Partin. 170 00:07:04,550 --> 00:07:07,428 ‐ When the brain is injured to this degree, 171 00:07:07,553 --> 00:07:09,347 to cause a death in this child, 172 00:07:09,430 --> 00:07:12,183 the brain can't function properly right away. 173 00:07:12,308 --> 00:07:16,396 She would be neurologically abnormal right away, 174 00:07:16,521 --> 00:07:19,440 probably unresponsive within moments. 175 00:07:20,566 --> 00:07:21,943 ‐ Butler County detectives pressed Lindsay, 176 00:07:22,068 --> 00:07:23,736 looking for any details that could fit 177 00:07:23,820 --> 00:07:26,948 the doctor's account of sudden abusive head trauma. 178 00:07:27,073 --> 00:07:29,075 Lindsay Partin had become their chief suspect. 179 00:07:42,880 --> 00:07:44,716 The second interview on March the 9th 180 00:07:44,799 --> 00:07:48,761 showed the sheriff detectives to be much more aggressive. 181 00:07:48,845 --> 00:07:50,680 They had zeroed in on Lindsay 182 00:07:50,805 --> 00:07:52,932 as a prime suspect and the perpetrator, 183 00:07:53,057 --> 00:07:54,308 and they acted like that. 184 00:07:54,392 --> 00:07:55,852 ‐ Defense attorneys definitely thought 185 00:07:55,977 --> 00:07:58,104 Butler County sheriff's detectives 186 00:07:58,187 --> 00:07:59,355 had tunnel vision, 187 00:07:59,480 --> 00:08:01,649 and at the end of the tunnel was Lindsay Partin. 188 00:08:01,733 --> 00:08:03,359 ‐ Under questioning by detectives, 189 00:08:03,443 --> 00:08:05,903 Lindsay Partin's account began to change. 190 00:08:05,987 --> 00:08:08,072 First, from Hannah walking into the house 191 00:08:08,156 --> 00:08:10,867 under her own power then collapsing 192 00:08:10,950 --> 00:08:15,038 To Lindsay and Hannah taking a fall on concrete steps. 193 00:08:37,060 --> 00:08:38,478 ‐ Lindsay was now saying 194 00:08:38,561 --> 00:08:40,646 Hannah's injuries on the morning of March 8th 195 00:08:40,730 --> 00:08:43,816 resulted from an accidental fall they took together. 196 00:08:43,900 --> 00:08:46,527 But there were more inconsistencies to come, 197 00:08:46,611 --> 00:08:49,363 including a third disturbing account 198 00:08:49,447 --> 00:08:50,782 of that morning. 199 00:09:16,432 --> 00:09:17,892 ‐ I think it was the second interrogation‐‐ 200 00:09:18,017 --> 00:09:19,852 what changed her life forever. 201 00:09:19,977 --> 00:09:21,479 ‐ We had to put Lindsay on the stand 202 00:09:21,562 --> 00:09:25,233 so she could explain her state of mind. 203 00:09:27,110 --> 00:09:30,530 ♪ ♪ 204 00:09:30,571 --> 00:09:32,615 ‐ How did you feel in the first interview? 205 00:09:32,698 --> 00:09:35,284 ‐ Fine, I was telling them my truth. 206 00:09:35,409 --> 00:09:36,869 Telling them what happened. 207 00:09:36,994 --> 00:09:38,371 ‐ And is there any difference 208 00:09:38,496 --> 00:09:40,123 in how you felt in the second interview? 209 00:09:40,248 --> 00:09:41,415 ‐ Very much. 210 00:09:41,541 --> 00:09:43,543 ‐ I think jurors wanted to hear from her 211 00:09:43,668 --> 00:09:47,046 Why did she say the things she said 212 00:09:47,171 --> 00:09:49,590 the second time around in her interrogation? 213 00:09:49,674 --> 00:09:50,967 ‐ What was that difference? 214 00:09:51,050 --> 00:09:53,302 ‐ I felt pressured. I felt forced. 215 00:09:53,386 --> 00:09:55,263 I wanted to protect everybody. 216 00:09:55,388 --> 00:09:56,722 I felt bullied. 217 00:10:00,393 --> 00:10:02,186 ‐ Did you lie to the police? 218 00:10:02,228 --> 00:10:04,147 ‐ I told them what they wanted to hear. 219 00:10:04,230 --> 00:10:05,356 ‐ They're telling her 220 00:10:05,481 --> 00:10:06,899 that she'd better give them the answers. 221 00:10:07,024 --> 00:10:09,694 And I think she just did what they were asking. 222 00:10:09,819 --> 00:10:11,779 ‐ The defense was trying to save Lindsay Partin 223 00:10:11,863 --> 00:10:13,573 from a damaging police interview. 224 00:10:13,698 --> 00:10:15,533 But would the jury understand 225 00:10:15,575 --> 00:10:17,285 the pressure she says she felt? 226 00:10:17,368 --> 00:10:18,703 Would they believe 227 00:10:18,786 --> 00:10:21,164 that led her to concoct stories that weren't true? 228 00:10:21,247 --> 00:10:23,624 ‐ What do you mean you told them what they wanted to hear? 229 00:10:23,749 --> 00:10:26,752 ‐ All of their questions like, leading into‐‐ 230 00:10:26,836 --> 00:10:29,672 it's an accident, did she fall, all of those things‐‐ 231 00:10:29,755 --> 00:10:34,093 I just agreed with them because the day before‐‐ 232 00:10:34,218 --> 00:10:36,053 for hours I told them what happened. 233 00:10:36,137 --> 00:10:37,930 Even an hour into that second interview, 234 00:10:38,055 --> 00:10:39,390 I told them what happened. 235 00:10:39,473 --> 00:10:40,725 They didn't want to hear it. 236 00:10:40,850 --> 00:10:42,059 ‐ What's the truth as to what happened to 237 00:10:42,185 --> 00:10:44,937 Hannah Wesche in the time frame you had her 238 00:10:45,062 --> 00:10:46,063 on March 8th? 239 00:10:46,147 --> 00:10:48,274 ‐ What I said in my first interview. 240 00:10:48,399 --> 00:10:50,651 We walked in the house, and she collapsed. 241 00:10:50,735 --> 00:10:52,069 ‐ Lindsay's attorneys 242 00:10:52,153 --> 00:10:53,821 dispute the prosecution's medical theory. 243 00:10:53,905 --> 00:10:55,323 They offered their own expert 244 00:10:55,406 --> 00:10:57,366 who said the symptoms could have been immediate‐‐ 245 00:10:57,491 --> 00:10:59,035 but, maybe not, 246 00:10:59,118 --> 00:11:01,245 allowing for Lindsay's initial account of what happened, 247 00:11:01,329 --> 00:11:04,415 that Hannah had walked in and collapsed. 248 00:11:04,498 --> 00:11:06,584 ‐ Can you offer an opinion about the amount of time 249 00:11:06,709 --> 00:11:08,920 that would have occurred between the injury 250 00:11:09,003 --> 00:11:11,923 and the onset of the first symptoms? 251 00:11:18,638 --> 00:11:19,972 [dramatic musical sting] 252 00:11:20,056 --> 00:11:22,683 ‐ Our medical expert testified that it was probable 253 00:11:22,767 --> 00:11:25,770 that the onset of symptoms was not immediate. 254 00:11:25,895 --> 00:11:27,480 ‐ The possibility the symptoms were delayed 255 00:11:27,563 --> 00:11:31,025 had another benefit‐‐pointing to other possible suspects. 256 00:11:31,108 --> 00:11:33,027 ‐ The injuries could have been inflicted at a time 257 00:11:33,069 --> 00:11:35,863 before Hannah was ever delivered to Lindsay. 258 00:11:35,988 --> 00:11:39,450 And that would have put Jason square in the crosshairs. 259 00:11:40,534 --> 00:11:42,036 ‐ Where Hannah was, who she was with, 260 00:11:42,078 --> 00:11:44,538 in the 24 hours immediately preceding 261 00:11:44,622 --> 00:11:46,415 the EMT's coming to her‐‐ 262 00:11:46,540 --> 00:11:47,708 that's a pretty important time. 263 00:11:47,792 --> 00:11:48,960 ‐ Yes, ma'am. 264 00:11:49,085 --> 00:11:50,503 ‐ Lindsay's defense was 265 00:11:50,628 --> 00:11:52,797 they've got the wrong person on trial. 266 00:11:52,880 --> 00:11:54,674 It wasn't Lindsay, it was Jason. 267 00:11:54,799 --> 00:11:56,050 ♪ ♪ 268 00:12:00,096 --> 00:12:01,889 ‐ What's the truth as to what happened to Hannah Wesche 269 00:12:02,014 --> 00:12:05,017 in the timeframe you had her on March 8th? 270 00:12:05,101 --> 00:12:07,311 ‐ What I said in my first interview. 271 00:12:07,395 --> 00:12:09,897 We walked in the house, and she collapsed. 272 00:12:09,981 --> 00:12:12,191 ‐ Hannah Wesche's babysitter Lindsay Partin 273 00:12:12,275 --> 00:12:15,111 is facing six felony charges including murder 274 00:12:15,236 --> 00:12:16,737 for the three‐year‐old's death. 275 00:12:16,862 --> 00:12:18,781 The timing of when Hannah suffered the brain trauma 276 00:12:18,864 --> 00:12:20,157 was critical. 277 00:12:20,241 --> 00:12:22,201 The prosecution's medical experts say 278 00:12:22,243 --> 00:12:24,203 Hannah's symptoms would have been immediate, 279 00:12:24,328 --> 00:12:26,622 placing Hannah in Lindsay's hands. 280 00:12:26,747 --> 00:12:28,374 The defense raised the possibility 281 00:12:28,416 --> 00:12:30,835 of the symptoms being delayed, which helped to create a cloud 282 00:12:30,918 --> 00:12:33,170 over Hannah's father, Jason Wesche. 283 00:12:33,254 --> 00:12:38,175 ‐ Jason Wesche was questioned briefly by detectives. 284 00:12:38,259 --> 00:12:40,011 He said that he was with Hannah 285 00:12:40,094 --> 00:12:41,804 the night before she died. 286 00:12:41,887 --> 00:12:44,181 That he actually went to Wal‐Mart 287 00:12:44,265 --> 00:12:45,933 because he needed milk for her. 288 00:12:46,058 --> 00:12:47,727 And that's where there's some inconsistencies 289 00:12:47,852 --> 00:12:49,729 with Jason's story, 290 00:12:49,854 --> 00:12:54,025 because the photographs they took of his refrigerator 291 00:12:54,108 --> 00:12:55,776 didn't show any milk. 292 00:12:58,070 --> 00:12:59,613 ♪ ♪ 293 00:12:59,739 --> 00:13:02,700 ‐ Mr. Wesche, you would agree with me 294 00:13:02,783 --> 00:13:03,784 that you lied to the police 295 00:13:03,909 --> 00:13:06,078 about milk and Wal‐Mart, correct? 296 00:13:06,203 --> 00:13:08,205 ‐ I was confused, yes, ma'am. 297 00:13:08,247 --> 00:13:09,832 ‐ For a whole year and a month, you were confused? 298 00:13:09,915 --> 00:13:11,208 ‐ Yes ma'am. 299 00:13:11,334 --> 00:13:12,877 It is detrimental to go through what I went through, 300 00:13:12,918 --> 00:13:14,462 and yes, ma'am, I can't sit here and say 301 00:13:14,545 --> 00:13:15,671 why I didn't remember something. 302 00:13:15,755 --> 00:13:17,340 I wish I could, I just can't. 303 00:13:17,423 --> 00:13:19,175 At that time, I'm worried about telling my children‐‐ 304 00:13:19,300 --> 00:13:20,968 how I'm gonna tell them their sister's not gonna wake up 305 00:13:21,052 --> 00:13:22,386 and she's gonna die. 306 00:13:22,511 --> 00:13:23,929 I wasn't really worried about‐‐ 307 00:13:24,055 --> 00:13:25,639 I'm sorry, I was confused. 308 00:13:25,723 --> 00:13:27,350 ‐ There was another inconsistency 309 00:13:27,433 --> 00:13:28,642 with Jason's story. 310 00:13:28,726 --> 00:13:31,562 His friend Chris was at his house that night, 311 00:13:31,645 --> 00:13:33,814 and that detail was left out. 312 00:13:33,898 --> 00:13:36,233 ‐ Mr. Wesche, you don't think that the detectives 313 00:13:36,359 --> 00:13:38,527 would have wanted to know that you had an overnight guest 314 00:13:38,611 --> 00:13:41,530 at your home and that he had contact with your child 315 00:13:41,655 --> 00:13:44,033 within the 24 hours of her injury? 316 00:13:44,116 --> 00:13:45,743 ‐ I'm sure they would have, yes. 317 00:13:45,826 --> 00:13:47,912 ‐ You were worried, actually, 318 00:13:48,037 --> 00:13:49,705 because you know that the detectives 319 00:13:49,830 --> 00:13:51,207 are looking at you or Lindsay Partin. 320 00:13:51,332 --> 00:13:53,584 It's one of you, correct? ‐ Correct. 321 00:13:53,709 --> 00:13:55,252 ‐ And so, you lied to the police 322 00:13:55,378 --> 00:13:56,670 about your whereabouts 323 00:13:56,796 --> 00:13:59,590 on the last night of Hannah's life, correct? 324 00:13:59,673 --> 00:14:00,800 ‐ Correct. 325 00:14:00,883 --> 00:14:04,512 ‐ You lied about who was present with Hannah. 326 00:14:04,595 --> 00:14:05,971 ‐ Correct. 327 00:14:06,055 --> 00:14:07,807 ‐ The defense had pointed hard at Hannah's father 328 00:14:07,890 --> 00:14:10,184 and in doing that, tried to push the timeframe 329 00:14:10,226 --> 00:14:11,560 of Hannah's injuries earlier. 330 00:14:11,685 --> 00:14:14,271 Jason was a single father with two older daughters, 331 00:14:14,397 --> 00:14:17,483 but he was three‐year‐old Hannah's primary caretaker. 332 00:14:17,566 --> 00:14:19,110 ‐ Did you ever believe 333 00:14:19,235 --> 00:14:20,694 that Lindsay would have hurt Hannah? 334 00:14:20,820 --> 00:14:21,946 ‐ No. 335 00:14:22,071 --> 00:14:23,823 ‐ And while there was no evidence of 336 00:14:23,906 --> 00:14:25,449 Jason injuring his daughter, 337 00:14:25,533 --> 00:14:28,035 all the defense needed was reasonable doubt. 338 00:14:28,160 --> 00:14:30,204 Prosecution countered by focusing 339 00:14:30,246 --> 00:14:31,747 on Lindsay's credibility. 340 00:14:31,872 --> 00:14:35,042 ♪ ♪ 341 00:14:35,126 --> 00:14:38,212 ‐ After listening to testimony of witnesses, 342 00:14:38,337 --> 00:14:40,714 watching your interview multiple times, 343 00:14:40,840 --> 00:14:42,883 reading the transcript multiple times, 344 00:14:42,967 --> 00:14:44,927 the story that you've now come up with today 345 00:14:45,052 --> 00:14:46,303 is that you never hurt Hannah. 346 00:14:46,387 --> 00:14:48,139 ‐ That's not a story, that's the truth. 347 00:14:48,222 --> 00:14:51,016 ‐ Any deceptive act makes a person look guilty. 348 00:14:51,142 --> 00:14:53,978 ‐ You gave a description of exactly what you did, right? 349 00:14:54,061 --> 00:14:56,063 You went into detail, didn't you Ms. Partin? 350 00:14:56,188 --> 00:14:57,731 ‐ They went into detail. 351 00:14:57,857 --> 00:15:01,026 ‐ Did they suggest the ketchup, or did you suggest the ketchup? 352 00:15:01,110 --> 00:15:02,528 ‐ The second interview, 353 00:15:02,611 --> 00:15:05,322 Lindsay says that she used corporal punishment 354 00:15:05,406 --> 00:15:07,450 on Hannah when she had misbehaved 355 00:15:07,575 --> 00:15:10,035 by squirting ketchup around the house‐‐ 356 00:15:10,161 --> 00:15:12,496 days before March the 8th. 357 00:15:21,005 --> 00:15:22,339 ‐ It's Lindsay herself 358 00:15:22,423 --> 00:15:26,302 that said some things that got her into this situation. 359 00:15:34,768 --> 00:15:37,354 ‐ They asked if there was something else‐‐ 360 00:15:37,438 --> 00:15:40,399 or that she got in trouble for that I remember. 361 00:15:40,483 --> 00:15:41,901 ‐ So you just‐‐ you just made that up? 362 00:15:42,026 --> 00:15:43,360 This whole ketchup thing‐‐ you just made up 363 00:15:43,486 --> 00:15:44,653 off the top of your head? ‐ Yes, ma'am. 364 00:15:44,737 --> 00:15:46,071 ‐ So your testimony today 365 00:15:46,197 --> 00:15:48,157 is that you just agreed with whatever they said. 366 00:15:48,240 --> 00:15:50,117 Is that right? ‐ That's what they wanted. 367 00:15:50,201 --> 00:15:51,494 They kept telling me 368 00:15:51,577 --> 00:15:53,537 "Something else happened, something else happened." 369 00:15:53,621 --> 00:15:55,873 ‐ When jurors looked at Lindsay on the witness stand, 370 00:15:55,998 --> 00:15:58,042 they were seeing somebody who was capable of 371 00:15:58,167 --> 00:16:00,503 being deceptive in a courtroom. 372 00:16:00,586 --> 00:16:03,130 ‐ Did they specifically give you those details 373 00:16:03,214 --> 00:16:04,757 about the ketchup? ‐ Well, no. 374 00:16:04,840 --> 00:16:07,676 ‐ So it was your thought process 375 00:16:07,760 --> 00:16:10,095 on 3/9 of 2018 376 00:16:10,221 --> 00:16:12,515 that you could admit to hitting her with 377 00:16:12,598 --> 00:16:15,100 a closed fist multiple times under the chin, 378 00:16:15,226 --> 00:16:16,810 and you wouldn't be in trouble? 379 00:16:16,894 --> 00:16:18,354 ‐ Yes. 380 00:16:18,479 --> 00:16:20,314 ‐ As Lindsay Partin's trial headed toward a close, 381 00:16:20,397 --> 00:16:22,650 no definitive picture of what happened 382 00:16:22,733 --> 00:16:26,278 to Hannah Wesche on March 8, 2018, had emerged. 383 00:16:26,403 --> 00:16:28,239 If it was intentional child abuse, 384 00:16:28,364 --> 00:16:29,698 what exactly occurred? 385 00:16:29,782 --> 00:16:31,158 The defense's medical expert 386 00:16:31,242 --> 00:16:33,536 had shifted the possible timeframe earlier, 387 00:16:33,661 --> 00:16:36,038 before Hannah arrived at Partin's house. 388 00:16:36,121 --> 00:16:37,998 That raised questions about Hannah's father, 389 00:16:38,082 --> 00:16:39,250 Jason Wesche. 390 00:16:39,375 --> 00:16:40,834 Prosecution, on the other hand, 391 00:16:40,918 --> 00:16:42,503 attacked Partin's changing stories. 392 00:16:42,628 --> 00:16:44,964 If she had nothing to hide, why lie to detectives 393 00:16:45,047 --> 00:16:46,340 again and again? 394 00:16:46,465 --> 00:16:48,342 ‐ The worst‐case scenario that I thought would happen 395 00:16:48,467 --> 00:16:50,970 to Lindsay would be the child abuse charges, 396 00:16:51,053 --> 00:16:52,346 or child endangerment. 397 00:16:52,429 --> 00:16:54,265 There was so much reasonable doubt. 398 00:16:54,390 --> 00:16:57,768 ‐ All the defense had to do was create a little bit of doubt 399 00:16:57,893 --> 00:16:59,311 in at least one juror's mind. 400 00:16:59,395 --> 00:17:02,106 Then maybe they could get a not guilty verdict. 401 00:17:07,069 --> 00:17:08,487 ‐ They didn't care what I had to say. 402 00:17:08,571 --> 00:17:10,698 I felt pressured. I felt forced. 403 00:17:10,781 --> 00:17:12,533 I wanted to protect everybody. 404 00:17:12,616 --> 00:17:13,909 I felt bullied. 405 00:17:14,034 --> 00:17:15,452 ‐ Lindsay Partin's on trial for the death 406 00:17:15,578 --> 00:17:17,371 of three‐year‐old Hannah Wesche 407 00:17:17,454 --> 00:17:19,957 who died of injuries that doctors say were caused by 408 00:17:20,040 --> 00:17:21,500 abusive head trauma. 409 00:17:21,584 --> 00:17:23,419 As the prosecution and defense prepared 410 00:17:23,544 --> 00:17:25,296 final arguments before the jury, 411 00:17:25,379 --> 00:17:28,007 both sides had their challenges to overcome 412 00:17:28,090 --> 00:17:30,384 With no definitive picture emerging of 413 00:17:30,509 --> 00:17:32,428 exactly what happened to Hannah Wesche 414 00:17:32,553 --> 00:17:35,472 on the morning of March 8, 2018. 415 00:17:35,556 --> 00:17:37,975 ‐ Circumstantial evidence cases are always tough 416 00:17:38,058 --> 00:17:39,560 for the prosecutors to prove, 417 00:17:39,643 --> 00:17:41,979 because they are trying to convince jurors 418 00:17:42,062 --> 00:17:43,689 about something that nobody saw. 419 00:17:43,814 --> 00:17:46,191 ‐ We don't know exactly what happened here. 420 00:17:46,317 --> 00:17:49,111 ‐ Prosecutors focused on Lindsay's changing stories 421 00:17:49,236 --> 00:17:51,322 and what they believed was an overwhelming 422 00:17:51,405 --> 00:17:53,115 consensus of medical evidence 423 00:17:53,240 --> 00:17:56,118 pointing toward intentional and immediate harm. 424 00:17:56,243 --> 00:17:58,704 ‐ Experts seem to reach the same conclusion‐‐ 425 00:17:58,787 --> 00:18:02,541 that this child suffered abusive head trauma. 426 00:18:02,625 --> 00:18:06,545 That her injuries were excessive and extensive. 427 00:18:06,670 --> 00:18:08,756 And she would not have been acting normally 428 00:18:08,839 --> 00:18:11,175 when she received these devastating injuries. 429 00:18:12,092 --> 00:18:14,303 ‐ The standard of law is very clear. 430 00:18:14,386 --> 00:18:17,097 It's the job of the prosecutor 431 00:18:17,222 --> 00:18:19,933 to prove beyond a reasonable doubt that time. 432 00:18:20,059 --> 00:18:22,519 And you know why? 433 00:18:22,603 --> 00:18:24,188 Because that's reasonable doubt. 434 00:18:24,313 --> 00:18:26,607 That says this child was injured somewhere else, 435 00:18:26,690 --> 00:18:28,025 not in the 30 seconds, 436 00:18:28,108 --> 00:18:29,902 not in the minute that Lindsay Partin had her. 437 00:18:29,985 --> 00:18:31,278 ‐ The defense argued that the State, 438 00:18:31,403 --> 00:18:32,988 burdened with proving the case, 439 00:18:33,072 --> 00:18:35,282 had left far too many questions unanswered. 440 00:18:35,366 --> 00:18:37,493 ‐ If you have a doubt 441 00:18:37,576 --> 00:18:40,412 based in reason and common sense, 442 00:18:40,496 --> 00:18:42,164 your verdicts are not guilty. 443 00:18:42,247 --> 00:18:43,957 ‐ We want justice for this little girl, 444 00:18:44,041 --> 00:18:47,503 but we don't want the wrong person to be convicted. 445 00:18:47,628 --> 00:18:49,338 ‐ As the jury began determining 446 00:18:49,421 --> 00:18:50,506 Lindsay Partin's fate, 447 00:18:50,589 --> 00:18:52,174 there were still plenty of questions 448 00:18:52,257 --> 00:18:53,759 about what happened to Hannah Wesche 449 00:18:53,884 --> 00:18:56,178 on the morning of March 8, 2018. 450 00:18:56,261 --> 00:18:57,554 Jurors would have to sort through 451 00:18:57,680 --> 00:18:59,598 four counts of child endangerment 452 00:18:59,723 --> 00:19:02,601 as well as involuntary manslaughter and murder. 453 00:19:02,685 --> 00:19:05,396 ...you and your attorney, please stand. 454 00:19:06,563 --> 00:19:08,816 ‐ People were on pins and needles 455 00:19:08,899 --> 00:19:10,943 waiting to hear this verdict. 456 00:19:11,068 --> 00:19:12,444 ‐ As for count one of the indictment, 457 00:19:12,569 --> 00:19:15,322 endangering children, we the duly impaneled jury 458 00:19:15,406 --> 00:19:18,367 do find the defendant Lindsay Partin guilty. 459 00:19:18,492 --> 00:19:22,079 ‐ After he first said "guilty," 460 00:19:22,204 --> 00:19:24,206 you just saw the look in Lindsay's face. 461 00:19:24,289 --> 00:19:25,791 ‐ As for count two of the indictment, 462 00:19:25,916 --> 00:19:27,209 the duly impaneled jury 463 00:19:27,292 --> 00:19:29,503 do find the defendant Lindsay Partin guilty. 464 00:19:29,586 --> 00:19:31,588 ‐ Hannah suffered grievous injuries. 465 00:19:31,672 --> 00:19:34,174 But there's certainly a question in my mind 466 00:19:34,258 --> 00:19:36,593 and other people's minds whether or not it was even 467 00:19:36,677 --> 00:19:39,972 possible for those injuries to have been inflicted 468 00:19:40,055 --> 00:19:41,598 in the minute or so 469 00:19:41,724 --> 00:19:43,475 that Lindsay and Hannah were together. 470 00:19:43,559 --> 00:19:45,477 ‐ As to count three of the indictment, 471 00:19:45,561 --> 00:19:47,062 we the duly impaneled jury 472 00:19:47,146 --> 00:19:49,398 do find the defendant Lindsay Partin guilty. 473 00:19:49,523 --> 00:19:51,150 ...of the indictment, 474 00:19:51,233 --> 00:19:53,360 involuntary manslaughter, guilty. 475 00:19:53,444 --> 00:19:54,862 Count five of the indictment, guilty. 476 00:19:54,945 --> 00:19:57,698 ‐ Guilty again, guilty again, guilty again. 477 00:19:57,781 --> 00:20:01,785 ‐ And finally, as to count six of the indictment, murder, 478 00:20:01,869 --> 00:20:04,455 We the duly impaneled jury do find the defendant, 479 00:20:04,580 --> 00:20:06,415 Lindsay Partin, guilty. 480 00:20:06,540 --> 00:20:09,543 All 12 signatures accompany the verdict. 481 00:20:09,626 --> 00:20:11,754 ‐ There are some who will look at Lindsay Partin's case 482 00:20:11,879 --> 00:20:13,964 and say, "Well, the question still hasn't been answered." 483 00:20:14,047 --> 00:20:15,507 ‐ It still to this day bothers me 484 00:20:15,591 --> 00:20:18,761 not knowing what had happened, truthfully, to Hannah. 485 00:20:18,844 --> 00:20:21,388 ‐ Lindsay Partin's family still believes 486 00:20:21,472 --> 00:20:24,141 in her innocence, and they're not gonna stop fighting. 487 00:20:24,224 --> 00:20:25,517 ‐ Her girls are going to be 488 00:20:25,559 --> 00:20:27,102 grown up by the time that she gets out. 489 00:20:27,227 --> 00:20:30,522 And that is really the most devastating thing. 490 00:20:30,606 --> 00:20:32,691 ‐ Hannah Wesche has her own supporters. 491 00:20:32,733 --> 00:20:34,693 They believe justice was done, 492 00:20:34,777 --> 00:20:36,862 and they want to remember Hannah forever. 493 00:20:36,945 --> 00:20:40,032 ‐ So did taking the stand hurt Lindsay Partin's case? 494 00:20:40,073 --> 00:20:41,366 She received a life sentence, 495 00:20:41,492 --> 00:20:43,702 and must serve a total of 18 years before 496 00:20:43,744 --> 00:20:45,579 even the possibility of parole. 497 00:20:45,662 --> 00:20:48,415 Apparently Lindsay's police statement cost her. 498 00:20:48,499 --> 00:20:50,125 Even if jurors had questions about 499 00:20:50,250 --> 00:20:51,710 what happened to Hannah Wesche, 500 00:20:51,835 --> 00:20:55,589 Lindsay's own words may have been impossible to unhear. 501 00:20:55,714 --> 00:20:58,258 Defendants are never forced to take the stand. 502 00:20:58,342 --> 00:21:00,010 But that decision is likely 503 00:21:00,135 --> 00:21:02,346 the biggest one they ever make. 504 00:21:02,429 --> 00:21:05,641 For "Under Oath," I'm Dan Abrams.