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[dramatic music]
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‐ It is incredibly rare
for criminal defendants
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to take the stand.
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It's a risk very few take.
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At stake: one's freedom
or even their life.
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This is Henry Segura.
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He's charged with killing
his ex‐girlfriend
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and her three children.
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‐ I honestly didn't think
that me lying would, you know,
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result in me
being arrested for murder.
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‐ This is Henry Segura's second
trial for the gruesome murders.
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His first trial
ended in a hung jury.
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Now he's taking
the stand again.
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Could it help him convince
the jury of his innocence?
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Or will it come back
to haunt him?
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‐ If I'm gonna kill JaVonte,
why not bring him home
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with me and kill Brandi?
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‐ Take a courtside seat
with the prosecutors,
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the defense attorney,
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the lead
homicide investigator,
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the legal analyst,
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and the podcaster
who covered the trial.
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I'm Dan Abrams,
and this is "Under Oath."
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‐ Raise your right hand.
‐ Do you solemnly swear...
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‐ I'm being honest
with everything I say here.
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‐ Do you solemnly swear...
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‐ The whole truth
and nothing but the truth.
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‐ I would like to testify.
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‐ The testimony you are
about to give...
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‐ The whole truth
and nothing but the truth...
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‐ So help you God?
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♪ ♪
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‐ It was a terrible scene,
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the worst
I've ever seen in my life.
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‐ I think what separates
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this crime from anything else
is the children.
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‐ You have to have a special
kind of evil in you
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to do something like this.
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And I just couldn't sense
anything like that with Henry.
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‐ I waited until I seen
her mother's truck leave.
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I walked back down the hill.
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Walked to her house.
Got to the corner.
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Made a left, cut through
the neighbor's yard,
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and went in the house.
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♪ ♪
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♪ ♪
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‐ Henry Segura's being retried
for the 2010 murders
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of his ex‐girlfriend
Brandi Peters,
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her six‐year‐old
twin daughters,
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and their three‐year‐old son.
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After hearing the state's
evidence against Henry Segura
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and the alternate theory
presented by the defense
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that Brandi was murdered
by a cartel hit squad
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after working as a drug mule,
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the jury found themselves
unable to reach a verdict,
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with the majority voting
for acquittal
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and the judge
declaring a mistrial.
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In November 2019, two years
after his first trial
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and eight years after
he was initially arrested
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and put in jail,
Henry Segura's back in court,
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in front of a new jury,
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once again fighting
for his life.
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With a second chance
at freedom,
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will Henry Segura be able
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to convince these jurors
of his innocence
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or at least to have reasonable
doubt about his guilt?
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‐ I have no reason whatsoever
to kill my son or those twins,
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neither Brandi.
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♪ ♪
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‐ Brandi was 27 years old,
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and she and Henry
met a few years prior to 2010.
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They met at a gas station.
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And they dated for about eight
or nine months before Brandi
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became pregnant
with their son, JaVonte.
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‐ Yeah, I was
at the hospital with her.
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I signed the birth certificate.
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You know,
I was‐‐the whole nine.
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‐ Did Brandi have the twins
at that time?
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‐ Yes, sir,
they were around two
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at the time when I met her.
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‐ And what was your
relationship with the twins?
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‐ They were more
like my kids than JaVonte,
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because I spent more time
with them before he was born.
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I potty‐trained them,
brought them to school.
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I was just being
a father figure.
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‐ When JaVonte was about
six months old,
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they became more
of an on‐again,
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off‐again type of situation.
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‐ At that point, I started
back working out of town,
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and our relationship
kind of faltered.
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So I didn't really spend
as much time with JaVonte
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or the twins like I used to.
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‐ Brandi Peters
was a good mother.
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She may have done
some questionable things
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to try to make ends meet,
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but she always
put her kids first.
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‐ On the morning
of November 20th,
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Brandi's mom was trying
to get ahold of her
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and was unsuccessful,
and this was very unusual,
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because Brandi
was always by her phone.
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In fact,
her mom was so concerned
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that she called one of Brandi's
neighbors, CiCi Timmons,
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and asked her if she could
go over to the house
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and check on Brandi
and the kids.
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CiCi sent her son,
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Artron Timmons,
over to the house,
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and when he looked inside,
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he saw a lot of blood
everywhere,
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and so he called 911.
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‐ I got the call
on a Saturday morning,
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about almost 11:00
in the morning,
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and I responded.
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‐ The first two officers
that arrived,
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they see there is
very clearly a crime scene.
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And as they enter
the front door,
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lying there immediately
in the foyer area
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is Ms. Peters
in a large pool of a blood.
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‐ Brandi was shot seven
to eight times
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with a .32‐caliber gun
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and was beaten so severely
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that parts of her brain
were exposed.
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‐ They immediately notice
the house is in disarray,
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that there is pretty clear
signs of a struggle
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that had been going on there.
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‐ The initial altercation took
place in Brandi's bedroom.
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That's where the first shots
were fired.
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The altercation proceeded
from in her back bedroom,
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down the hallway,
and out the front door.
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She actually made it
outside the house.
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Her acrylic nails
were ripped off.
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All her fingers were broken
from punching and grabbing.
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She took shot
after shot after shot,
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probably taking six dozen
strikes to the head
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before she finally succumbed.
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She fought like a real hero,
as I suppose any mother would,
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trying to protect her children
in those circumstances.
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♪ ♪
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‐ As we continued to go
through the house,
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we entered
the communal bathroom,
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and that's where we found
the remaining victims
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inside of the tub.
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They were stacked
on top of one another,
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and the tub was full of water.
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‐ Brandi's daughter
Tamiyah was shot
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in the head at close range.
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Taniyah and JaVonte
were both drowned.
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And the medical examiner
was able to determine
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that they died sometime within
a couple hours of dinner,
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due to the contents
in their stomachs.
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‐ It's a special kind
of evil person
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who would kill three children.
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So yes, there was
a lot of tension
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from the police department
internally
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to get this case solved,
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as well as from the public
to find out what happened.
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♪ ♪
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‐ Of course, what of the first
questions you ask is,
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"Who's the father
of the children?"
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They ultimately find out
who the two fathers are.
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The little girls
had one father,
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and JaVonte had Mr. Segura.
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‐ Henry was initially brought
into the police station
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within hours of police
finding the bodies,
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but he wasn't a suspect.
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They simply wanted to tell him
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that his three‐year‐old son,
JaVonte, had also been killed.
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‐ What kind of stood out
a little bit at first,
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of course, is, he didn't seem
to have a whole lot of emotions
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when he was told his son died.
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Men not supposed to cry,
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so I held my tears in,
you know.
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I kept moving forward.
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‐ So just because he didn't
respond in the way
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that you would respond
doesn't mean
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that he wasn't feeling
for the death of his child.
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‐ But nothing that was
a telltale event,
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because, of course,
there was knowledge
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that he wasn't real close
to JaVonte.
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It was a distance relationship.
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And it turns out
he was married.
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‐ Were you married
back in 2010?
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‐ Yes, sir.
‐ And who were you married to?
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‐ Malica Segura.
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‐ And did you and Malica
have any children together?
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‐ Yes, sir.
‐ Who were those?
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‐ Malachi
and Henry Segura III.
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‐ He was not faithful
in any way, shape, or form.
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He had multiple girlfriends.
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He had a child
that was fostered
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by an extramarital affair.
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He just constantly was trying
to find another girl
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in order
to have an affair with.
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‐ And that's your main vice,
right?
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You make no bones about that?
You were a cheater?
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‐ It's like
that's my drug of choice.
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I don't drink.
I don't smoke, do any drugs.
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That was my drug of choice.
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Like, I'm not proud of it, but,
you know, that's what I did.
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‐ Henry is a dog, like a lot
of guys are dogs,
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that cheat on their spouses
or girlfriends or whatever.
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But that is not in any way
the same kind of evil
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that is required
to be a baby murderer.
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That's the devil.
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[laughs]
‐ Okay.
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‐ In the first interview,
he was just trying
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to kind of paint a picture of,
"Oh, Brandi's sweet.
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"She's‐‐you know, we've had
a relationship in the past,
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but I haven't seen her
in months."
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So trying to really
distance himself from Brandi
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and from JaVonte.
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‐ And we knew he wasn't
being completely truthful.
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‐ He was embarrassed at what
a slime bag he had been.
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He had been a crappy husband.
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So I know that
Mark Lewis sensed that.
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I know Mark could tell
that he was lying.
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‐ I just didn't feel like them
knowing anything
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about who I'm having sex with
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had anything to do
with somebody getting killed.
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‐ But is it possible
that a man ended up on trial
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facing four counts
of premeditated murder
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and the death penalty
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because he lied
about an affair?
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During their investigation,
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law enforcement
asked Henry Segura
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for an alibi
the day of the murders,
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and he provided one.
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He said he was home all day
working on his car
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and even suggested police check
his cell phone to prove it.
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While trying to verify
Segura's story,
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lead investigator Mark Lewis
got a break in the case.
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‐ So while going through
Mr. Segura's alibi,
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we just kept on revealing
lie after lie.
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Ten days later,
we called Mr. Segura back in
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to conduct an interview,
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because we uncovered
a second phone number
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that we believe that he was
at one time in possession of.
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‐ I'm giving you
my cooperation.
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‐ Henry Segura's on trial
for the vicious slaying
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of an entire family:
Brandi Peters,
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her six‐year‐old
twin daughters,
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and three year‐old son.
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Segura is adamant
that he was not involved
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with killing his extramarital
girlfriend or their son.
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But just when it appeared
his alibi would check out,
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law enforcement discovers
a secret cell phone
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that could tell
a different story.
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‐ When investigators looked
into the cell phone data
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of this second phone,
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it revealed some
very interesting information.
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00:10:48,191 --> 00:10:51,861
First of all, that second
phone had contacted Brandi
251
00:10:51,944 --> 00:10:54,238
multiple times
on the day of her death.
252
00:10:54,363 --> 00:11:00,494
And it did so by dialing
star 67 prior to calling her.
253
00:11:00,578 --> 00:11:02,455
Now, people dial star 67
254
00:11:02,580 --> 00:11:03,831
before they're making
phone calls
255
00:11:03,915 --> 00:11:06,125
in order
to keep their calls private.
256
00:11:06,250 --> 00:11:09,378
They don't want the person
they're calling to know
257
00:11:09,503 --> 00:11:11,172
who it is that's calling.
258
00:11:11,255 --> 00:11:14,717
‐ Why didn't you give Brandi
your 408 number?
259
00:11:14,842 --> 00:11:16,469
‐ She called‐‐she'd like
to call too much.
260
00:11:16,552 --> 00:11:18,471
She would‐‐if I didn't answer
the phone,
261
00:11:18,554 --> 00:11:20,056
she gonna call
until I pick it up.
262
00:11:20,181 --> 00:11:22,600
‐ Every time you ever
communicated with Brandi
263
00:11:22,725 --> 00:11:24,977
on that phone,
did you use the star 67
264
00:11:25,061 --> 00:11:28,064
so that she wouldn't have
your number, based on the call?
265
00:11:28,147 --> 00:11:29,106
‐ Yes, sir.
266
00:11:29,232 --> 00:11:30,733
‐ He had this
secret cell phone.
267
00:11:30,858 --> 00:11:32,860
He did talk
to a lot of women on it.
268
00:11:32,985 --> 00:11:36,530
But it also allowed him
to be able to have a way
269
00:11:36,614 --> 00:11:38,157
to communicate with Brandi
270
00:11:38,241 --> 00:11:41,410
the day of the murder
and, in his mind,
271
00:11:41,535 --> 00:11:43,037
think that his alibi
is all set up
272
00:11:43,120 --> 00:11:45,873
because his primary phone
is at home.
273
00:11:45,957 --> 00:11:48,042
‐ During the investigation,
we went through
274
00:11:48,167 --> 00:11:50,878
cell phone records,
text messaging records,
275
00:11:51,003 --> 00:11:56,467
and we noticed that
Henry Segura deleted
276
00:11:56,550 --> 00:12:00,054
Brandi Peters completely
from his phone.
277
00:12:00,179 --> 00:12:05,017
He also deleted text messages
from his wife
278
00:12:05,101 --> 00:12:08,020
on the day of the murders.
279
00:12:08,104 --> 00:12:09,689
‐ Where she was saying,
"Where are you,
280
00:12:09,772 --> 00:12:11,524
where are you?"
because he wasn't home.
281
00:12:11,607 --> 00:12:15,528
‐ And deleting it is showing
that he has something to hide.
282
00:12:15,611 --> 00:12:17,238
And what the prosecution
was saying
283
00:12:17,363 --> 00:12:21,367
is that he has to hide his
involvement in this homicide.
284
00:12:21,492 --> 00:12:22,702
‐ Law enforcement officers
285
00:12:22,827 --> 00:12:25,329
were also looking
to Mr. Segura as to,
286
00:12:25,413 --> 00:12:29,000
"Okay, he lied to us.
What would be his motive?"
287
00:12:29,083 --> 00:12:30,793
So they go
and they start looking
288
00:12:30,876 --> 00:12:32,295
at his financial records.
289
00:12:32,378 --> 00:12:34,088
Turns out, he doesn't have
a whole lot of money.
290
00:12:34,213 --> 00:12:36,132
And right around the time
of those murders,
291
00:12:36,215 --> 00:12:40,386
he's being ordered to pay more
child support to Ms. Peters.
292
00:12:50,187 --> 00:12:53,691
‐ Henry and Brandi had
a very volatile relationship.
293
00:12:53,774 --> 00:12:56,068
They were always on again,
off again.
294
00:12:56,152 --> 00:12:59,322
And according to Henry,
Brandi would often taunt him
295
00:12:59,405 --> 00:13:02,742
and tell him that JaVonte
was not his son.
296
00:13:02,867 --> 00:13:04,076
But then she would turn around
297
00:13:04,201 --> 00:13:06,996
and demand
child support money from him.
298
00:13:07,079 --> 00:13:09,749
‐ I really wasn't in
a good financial statement.
299
00:13:09,874 --> 00:13:11,709
I was out of work
for about a month or so,
300
00:13:11,792 --> 00:13:14,211
so I was kind of behind
on bills and stuff.
301
00:13:14,337 --> 00:13:19,592
‐ He owed Brandi about $20,000
in child support payments.
302
00:13:19,717 --> 00:13:21,218
And prosecutors believed
303
00:13:21,302 --> 00:13:24,513
that this was the motive
for the murders.
304
00:13:24,638 --> 00:13:26,932
‐ Like I said, I never even‐‐
I haven't even had a chance
305
00:13:27,058 --> 00:13:28,100
to make the first payment
306
00:13:28,225 --> 00:13:30,102
before her
and JaVonte were killed.
307
00:13:30,227 --> 00:13:33,856
‐ Now Henry had the motive,
the means, the opportunity,
308
00:13:33,898 --> 00:13:37,026
and he was
their number one suspect.
309
00:13:37,151 --> 00:13:38,694
‐ The reason
the entire investigation
310
00:13:38,778 --> 00:13:40,946
ended up focusing on Henry
311
00:13:41,030 --> 00:13:44,700
is because he lied
about infidelity.
312
00:13:44,784 --> 00:13:46,952
And I want to be clear
about that.
313
00:13:47,078 --> 00:13:48,579
He didn't just lie
about Brandi.
314
00:13:48,704 --> 00:13:49,789
They asked him
about other women,
315
00:13:49,914 --> 00:13:51,832
and he lied about that too.
316
00:13:51,916 --> 00:13:53,167
‐ If I would have just
told him,
317
00:13:53,250 --> 00:13:54,710
"Look, yes,
I was cheating on my wife.
318
00:13:54,794 --> 00:13:56,379
I was talking to Brandi,
I talked to Natasha,
319
00:13:56,462 --> 00:13:58,506
I talked to Kim, I talked to
all these different females,"
320
00:13:58,631 --> 00:14:01,592
then I think he would have seen
I was telling the truth,
321
00:14:01,717 --> 00:14:05,012
and, you know, like I said,
I wouldn't be here today.
322
00:14:05,137 --> 00:14:06,972
‐ The whole deck is stacked
against criminal defendants.
323
00:14:07,056 --> 00:14:08,516
It just happens to be,
324
00:14:08,599 --> 00:14:10,184
because of the institutional
racism in this country,
325
00:14:10,226 --> 00:14:12,311
that more of those defendants
are Black males,
326
00:14:12,395 --> 00:14:16,440
and I don't think that there's
any realistic chance
327
00:14:16,565 --> 00:14:20,403
that if the prime suspect
had been a white doctor,
328
00:14:20,528 --> 00:14:22,154
on this weak evidence,
329
00:14:22,238 --> 00:14:23,864
that they would
have charged him.
330
00:14:23,948 --> 00:14:27,618
I think that they thought that
Henry would be an easy target.
331
00:14:27,743 --> 00:14:29,203
‐ At the first trial,
332
00:14:29,286 --> 00:14:31,247
there were conflicting
accounts of the jury's vote.
333
00:14:31,372 --> 00:14:35,459
Some say the split was 8‐4,
while others claim it was 11‐1.
334
00:14:35,584 --> 00:14:36,877
But either way,
335
00:14:36,961 --> 00:14:39,380
the majority of the jurors
voted for an acquittal
336
00:14:39,505 --> 00:14:42,341
before announcing
themselves deadlocked.
337
00:14:42,425 --> 00:14:45,177
‐ We felt very confident
going into the second trial.
338
00:14:45,261 --> 00:14:48,013
That certainly impacted
my decision to go down
339
00:14:48,139 --> 00:14:50,182
from 12 jurors to 6 jurors.
340
00:14:50,307 --> 00:14:51,809
And again, the reason
I did that‐‐
341
00:14:51,892 --> 00:14:53,352
we're not trying
to hang the jury,
342
00:14:53,436 --> 00:14:55,062
and we're not trying to
save him from a death verdict.
343
00:14:55,187 --> 00:14:56,939
We're trying to win the case.
344
00:14:57,022 --> 00:14:59,191
And it's easier to convince
6 people of anything
345
00:14:59,275 --> 00:15:02,153
than it is to convince
12 people of anything.
346
00:15:02,236 --> 00:15:04,864
‐ In the state of Florida,
crimes not punishable by death
347
00:15:04,989 --> 00:15:07,741
are tried in front
of a six‐person jury.
348
00:15:07,867 --> 00:15:09,869
However, in first‐degree
murder cases,
349
00:15:09,952 --> 00:15:13,038
defendants are entitled
to a 12‐person jury.
350
00:15:13,164 --> 00:15:15,207
Henry Segura and his
defense team chose to waive
351
00:15:15,332 --> 00:15:18,794
that right and move forward
with only six jurors,
352
00:15:18,878 --> 00:15:21,338
in hopes of winning
the case outright.
353
00:15:21,422 --> 00:15:24,341
[dramatic music]
354
00:15:24,467 --> 00:15:25,801
♪ ♪
355
00:15:25,885 --> 00:15:27,761
‐ You won't hear any dispute
from the defense
356
00:15:27,845 --> 00:15:29,346
that this is
the most heinous offense
357
00:15:29,472 --> 00:15:31,390
that's, you know,
been committed in Tallahassee.
358
00:15:31,515 --> 00:15:34,310
There's isn't any argument
against that.
359
00:15:34,393 --> 00:15:36,854
The problem is that
it wasn't Mr. Segura.
360
00:15:36,937 --> 00:15:39,106
To have a realistic chance
of winning
361
00:15:39,231 --> 00:15:40,524
most any criminal case,
362
00:15:40,566 --> 00:15:41,859
you got to give them
what they want
363
00:15:41,984 --> 00:15:43,444
if you want a chance to win.
364
00:15:43,569 --> 00:15:45,362
What they want is to hear
from the defendant.
365
00:15:45,404 --> 00:15:47,198
And so I felt that the jury
needed to hear from Henry,
366
00:15:47,323 --> 00:15:49,283
because there were certain
parts of the evidence
367
00:15:49,408 --> 00:15:51,243
that only Henry could address.
368
00:15:51,368 --> 00:15:52,912
We saw,
with the state's evidence,
369
00:15:53,037 --> 00:15:55,915
that there were a bunch
of deleted texts.
370
00:15:56,040 --> 00:15:58,125
Why were those texts deleted?
371
00:15:58,250 --> 00:16:00,085
‐ Mainly because I didn't want
Malica going through my phone
372
00:16:00,211 --> 00:16:02,087
and rereading everything
and getting all mad
373
00:16:02,213 --> 00:16:04,673
about this and that again,
so I just erased all of them.
374
00:16:04,798 --> 00:16:06,133
Anything that had to do
with Brandi,
375
00:16:06,217 --> 00:16:08,511
I tried to keep it out
of my phones.
376
00:16:08,594 --> 00:16:12,139
‐ That text message that Brandi
sent you on Thursday,
377
00:16:12,223 --> 00:16:13,682
talking about she would have
given you some,
378
00:16:13,724 --> 00:16:16,018
you looked good, did you
delete that one as well?
379
00:16:16,143 --> 00:16:17,520
‐ Oh, yeah. Yes.
380
00:16:17,603 --> 00:16:19,855
‐ What did you think
when you got that text message?
381
00:16:19,980 --> 00:16:21,398
What were you thinking about?
382
00:16:21,524 --> 00:16:23,317
‐ I was thinking that,
you know,
383
00:16:23,400 --> 00:16:25,319
it's back to like it
used to be.
384
00:16:25,402 --> 00:16:27,863
Fight and make up.
It was a makeup text.
385
00:16:27,947 --> 00:16:29,156
We had arguments.
386
00:16:29,240 --> 00:16:31,575
We fuss, we fight,
we have sex, we make up.
387
00:16:31,659 --> 00:16:34,328
It was actually
a pretty good relationship.
388
00:16:34,411 --> 00:16:36,914
‐ The truth is that it was
a volatile relationship.
389
00:16:37,039 --> 00:16:38,165
We accepted those facts,
390
00:16:38,249 --> 00:16:39,458
and Henry talked
about them as well.
391
00:16:39,542 --> 00:16:41,293
What they never bothered
to found out:
392
00:16:41,418 --> 00:16:43,462
Brandi's drug‐running partner
was communicating with her
393
00:16:43,546 --> 00:16:46,173
and sending her coded
death threats via letter
394
00:16:46,298 --> 00:16:49,635
even as soon as the day
before she was murdered.
395
00:16:49,718 --> 00:16:54,807
At some point, did you end up
directing associates of yours
396
00:16:54,890 --> 00:16:56,058
to kill Brandi Peters?
397
00:16:56,141 --> 00:16:57,518
‐ Yes, sir. I did.
398
00:17:02,398 --> 00:17:04,775
‐ Now, the week of the murder,
you indicated you received
399
00:17:04,900 --> 00:17:06,235
those text messages
from Brandi.
400
00:17:06,360 --> 00:17:07,653
What did you do
when you received those?
401
00:17:07,736 --> 00:17:09,446
‐ I tried to make plans
to come over that day,
402
00:17:09,572 --> 00:17:11,323
but she had something
going on,
403
00:17:11,407 --> 00:17:13,033
so we made plans for me
to come over the next day.
404
00:17:13,117 --> 00:17:14,285
‐ Friday.
‐ Yes.
405
00:17:14,410 --> 00:17:15,744
The 19th.
‐ Okay.
406
00:17:15,869 --> 00:17:19,331
How long did it take
for you and Brandi to hook up?
407
00:17:19,415 --> 00:17:22,376
‐ Not long.
About 15, 20 minutes.
408
00:17:22,459 --> 00:17:24,587
‐ Henry Segura's on trial
for the vicious killings
409
00:17:24,712 --> 00:17:28,007
of his on‐again, off‐again
girlfriend Brandi Peters,
410
00:17:28,090 --> 00:17:29,800
her six‐year‐old
twin daughters,
411
00:17:29,883 --> 00:17:32,219
and their three‐year‐old son.
412
00:17:32,303 --> 00:17:34,221
The defense, however,
claims Henry Segura
413
00:17:34,305 --> 00:17:35,848
had nothing to do
with the murders
414
00:17:35,931 --> 00:17:38,684
and that Brandi Peters
had a dark past
415
00:17:38,767 --> 00:17:40,185
involving drug cartels
416
00:17:40,269 --> 00:17:43,480
who are responsible
for these violent murders.
417
00:17:43,564 --> 00:17:48,110
‐ So in thinking about
what psychological roadblocks
418
00:17:48,235 --> 00:17:49,778
are gonna be
in front of a jury
419
00:17:49,903 --> 00:17:53,073
which would prevent them from
returning a not guilty verdict,
420
00:17:53,157 --> 00:17:56,118
of course, the victims matter.
421
00:17:56,243 --> 00:17:58,120
Where did you and Brandi
have sex at?
422
00:17:58,203 --> 00:17:59,538
‐ On the bed, in the bedroom.
423
00:17:59,663 --> 00:18:01,540
‐ Were the kids home
while this was going on?
424
00:18:01,665 --> 00:18:04,585
‐ No, they were across
the street, playing, you know,
425
00:18:04,710 --> 00:18:05,919
between the two houses.
426
00:18:06,045 --> 00:18:07,504
‐ The phrase that we use
in talking about
427
00:18:07,630 --> 00:18:08,964
what the jury
is gonna have to do,
428
00:18:09,048 --> 00:18:10,674
what we have to get them
to do‐‐
429
00:18:10,716 --> 00:18:12,635
we say we have to get them
to step over four bodies
430
00:18:12,718 --> 00:18:15,387
to get to not guilty,
and that's hard.
431
00:18:15,471 --> 00:18:18,349
After that wrapped up,
what happened next?
432
00:18:18,432 --> 00:18:20,351
‐ I tried to spend
a little time with JaVonte.
433
00:18:20,434 --> 00:18:24,021
And then eventually,
I told Brandi I had to go.
434
00:18:24,063 --> 00:18:25,522
[dramatic music]
435
00:18:25,606 --> 00:18:27,733
She told me,
"I got company coming anyway.
436
00:18:27,858 --> 00:18:29,234
Need to leave anyway."
437
00:18:29,360 --> 00:18:31,862
‐ The defense told the jury
that Henry Segura
438
00:18:31,987 --> 00:18:33,322
left the crime scene
439
00:18:33,405 --> 00:18:36,575
long before Brandi
and her children were killed.
440
00:18:36,700 --> 00:18:41,538
And in fact, they say that a
man named James Carlos Santos
441
00:18:41,622 --> 00:18:43,457
ordered a hit.
442
00:18:43,540 --> 00:18:46,043
‐ James Carlos Santos
is a drug trafficker
443
00:18:46,126 --> 00:18:47,544
who brought Brandi in
444
00:18:47,628 --> 00:18:50,381
at some point in the 2000s
to work as a mule.
445
00:18:50,506 --> 00:18:53,092
Henry wasn't bruised.
Henry wasn't cut.
446
00:18:53,217 --> 00:18:54,385
Henry wasn't scratched.
447
00:18:54,510 --> 00:18:57,429
In most any other trial,
Henry's lack of injuries
448
00:18:57,513 --> 00:18:59,139
would have been the featured
piece of evidence.
449
00:18:59,223 --> 00:19:00,683
The only reason it wasn't,
like,
450
00:19:00,766 --> 00:19:03,060
the highlighted thing
that I was holding on to here
451
00:19:03,143 --> 00:19:04,687
is because we had so much
other good stuff
452
00:19:04,770 --> 00:19:06,689
which definitively
proved innocence.
453
00:19:06,814 --> 00:19:07,940
Did you already have
454
00:19:08,065 --> 00:19:10,192
an existing drug
trafficking organization?
455
00:19:10,317 --> 00:19:11,860
‐ Yes, sir, I did.
456
00:19:11,944 --> 00:19:13,195
‐ Was she one
of multiple people
457
00:19:13,320 --> 00:19:15,698
who transported
illegal narcotics for you?
458
00:19:15,781 --> 00:19:16,949
‐ Yes, sir, she was.
459
00:19:17,032 --> 00:19:19,535
‐ At some point, did you end up
460
00:19:19,618 --> 00:19:22,913
directing associates of yours
to kill Brandi Peters?
461
00:19:23,038 --> 00:19:24,581
‐ Yes, sir, I did.
462
00:19:24,707 --> 00:19:26,125
‐ And why was that?
463
00:19:26,250 --> 00:19:28,711
‐ She had stolen money
and drugs.
464
00:19:28,836 --> 00:19:32,339
‐ The defense put a lot
of evidence forth at trial
465
00:19:32,464 --> 00:19:36,635
that the person who actually
killed Brandi was the cartel.
466
00:19:36,719 --> 00:19:38,637
So they're putting
an alternative theory,
467
00:19:38,721 --> 00:19:42,266
an alternative suspect
of who actually killed Brandi
468
00:19:42,391 --> 00:19:46,770
and taking the light away
from Henry Segura.
469
00:19:46,895 --> 00:19:50,357
‐ Once he admitted
what exactly his role was
470
00:19:50,441 --> 00:19:51,859
and how he set it up,
471
00:19:51,942 --> 00:19:54,611
all of the rest of the evidence
made so much more sense.
472
00:19:54,737 --> 00:19:56,488
There was a letter
that she received from Santos
473
00:19:56,572 --> 00:19:59,575
the day before she was killed
which was, as he explained,
474
00:19:59,700 --> 00:20:03,537
a clear threat that she was in
imminent danger of retribution
475
00:20:03,620 --> 00:20:06,206
for not paying back
the $90,000
476
00:20:06,290 --> 00:20:07,958
worth of cocaine
that she had stolen.
477
00:20:08,041 --> 00:20:11,503
The day before the murder,
Brandi gets this letter.
478
00:20:11,628 --> 00:20:14,214
What it says on the back
of this envelope is,
479
00:20:14,298 --> 00:20:15,799
"Dear Mr. Mailman,
if this letter
480
00:20:15,883 --> 00:20:17,926
"happens to get lost,
just send it to heaven,
481
00:20:18,051 --> 00:20:19,678
because it's going
to an angel."
482
00:20:19,720 --> 00:20:22,347
On the other side, it says,
"I thank God for you,
483
00:20:22,473 --> 00:20:24,141
"and I ask that He
look out for you
484
00:20:24,224 --> 00:20:26,518
and our three little angels."
485
00:20:26,602 --> 00:20:28,771
Chilling, right?
486
00:20:28,896 --> 00:20:30,063
‐ Santos claimed,
487
00:20:30,189 --> 00:20:32,691
since he brought Brandi
into the operation,
488
00:20:32,733 --> 00:20:36,278
he then had to be the one
to take her out.
489
00:20:36,403 --> 00:20:38,530
‐ James Carlos Santos
sent Brandi
490
00:20:38,614 --> 00:20:40,532
a threatening letter
from prison,
491
00:20:40,616 --> 00:20:44,203
where he's been serving time
for armed robbery since 2004.
492
00:20:44,328 --> 00:20:46,538
Santos previously invoked
his Fifth Amendment right
493
00:20:46,622 --> 00:20:48,207
against self‐incrimination
494
00:20:48,332 --> 00:20:50,542
and refused to testify
in the first trial.
495
00:20:50,626 --> 00:20:52,377
‐ I had to let it be known
496
00:20:52,461 --> 00:20:54,546
that I'm the reason
why she's no longer here.
497
00:20:54,671 --> 00:20:57,674
‐ But could his testimony
now be the key difference
498
00:20:57,758 --> 00:21:00,135
the defense needs
to get the jury
499
00:21:00,219 --> 00:21:04,306
to find Henry Segura
not guilty?
500
00:21:04,389 --> 00:21:07,017
‐ How did you plan to have
the hit carried out
501
00:21:07,100 --> 00:21:10,437
once you had directed
that it be done?
502
00:21:10,521 --> 00:21:11,897
‐ Well, first of all,
I had to get some people
503
00:21:12,022 --> 00:21:14,191
here in Tallahassee;
I didn't have many guys here,
504
00:21:14,316 --> 00:21:18,320
so I had to bring guys
from Texas and Atlanta.
505
00:21:18,403 --> 00:21:20,697
‐ Santos claimed that there
were multiple people
506
00:21:20,739 --> 00:21:22,699
involved in the commission
of the offense.
507
00:21:22,783 --> 00:21:25,452
He claimed that an entire
hit team went in.
508
00:21:25,536 --> 00:21:27,162
There are no signs
of forced entry,
509
00:21:27,246 --> 00:21:30,457
which likely means that Brandi
did in fact open the door.
510
00:21:30,541 --> 00:21:31,875
Our cartel expert explained
511
00:21:31,959 --> 00:21:35,170
how it's a typical tactic
for a cartel hit squad
512
00:21:35,254 --> 00:21:37,673
to send a female
to the door first.
513
00:21:37,756 --> 00:21:40,551
‐ Not to commit
the murder itself,
514
00:21:40,634 --> 00:21:44,471
only to help them gain entry.
515
00:21:44,555 --> 00:21:46,723
‐ And then once you get into
the commission of the murder,
516
00:21:46,849 --> 00:21:49,434
you have multiple
shoe impressions in the foyer
517
00:21:49,560 --> 00:21:52,187
that we know don't belong
to law enforcement.
518
00:21:52,271 --> 00:21:53,981
By the way,
they got all Henry's shoes too.
519
00:21:54,064 --> 00:21:57,359
His shoes didn't match any of
those shoe impressions either.
520
00:21:57,442 --> 00:21:59,778
At some point,
TPD seized your green truck
521
00:21:59,862 --> 00:22:01,697
and executed
a search warrant on it, right?
522
00:22:01,780 --> 00:22:02,531
‐ Yes, sir.
523
00:22:02,656 --> 00:22:03,991
‐ And they processed all that.
524
00:22:04,074 --> 00:22:05,492
‐ Yes, sir.
525
00:22:05,576 --> 00:22:06,869
‐ And found no evidence of
anything related to the crimes.
526
00:22:06,952 --> 00:22:08,245
‐ No, sir.
527
00:22:08,328 --> 00:22:09,788
‐ Ultimately, what the DNA
evidence showed
528
00:22:09,913 --> 00:22:12,916
was that there was foreign DNA
all over the house.
529
00:22:13,041 --> 00:22:15,252
There was male DNA
under Brandi's fingernails
530
00:22:15,377 --> 00:22:16,712
from scratching.
531
00:22:16,837 --> 00:22:19,214
There was foreign DNA
on the phone in her bedroom
532
00:22:19,339 --> 00:22:20,674
that had been ripped
out of the wall
533
00:22:20,716 --> 00:22:22,134
and then had the cord cut
534
00:22:22,217 --> 00:22:26,638
that a CODIS match to
a cartel member had occurred.
535
00:22:26,722 --> 00:22:28,515
‐ DNA samples
from the crime scene
536
00:22:28,599 --> 00:22:31,101
were run through a
comprehensive database of DNA
537
00:22:31,226 --> 00:22:32,686
from convicted felons.
538
00:22:32,769 --> 00:22:36,231
A DNA swab from the phone
cradle in Brandi's bedroom
539
00:22:36,315 --> 00:22:40,152
revealed a partial match
to Angel Avila‐Quinones,
540
00:22:40,235 --> 00:22:42,070
a known Colombian drug smuggler
541
00:22:42,154 --> 00:22:45,365
and alleged associate
of James Carlos Santos.
542
00:22:45,449 --> 00:22:47,659
‐ None of that DNA belonged
to Henry or Brandi
543
00:22:47,743 --> 00:22:49,703
or any of the other victims.
544
00:22:49,786 --> 00:22:51,997
It was foreign DNA because
it belonged to a foreign actor
545
00:22:52,080 --> 00:22:54,416
who was involved in
the commission of the murder.
546
00:22:54,499 --> 00:22:56,627
‐ That corroborates the story
547
00:22:56,752 --> 00:22:58,545
that the defense
was putting forth.
548
00:22:58,670 --> 00:23:01,673
Brandi was in the game.
Brandi owed some money.
549
00:23:01,757 --> 00:23:04,843
Brandi was scared
of some people.
550
00:23:04,885 --> 00:23:08,555
‐ Mr. Santos made all
the statements that he made,
551
00:23:08,639 --> 00:23:10,849
and we decided
we were gonna let that in
552
00:23:10,974 --> 00:23:13,936
and we were gonna expose
who Mr. Santos really was.
553
00:23:14,061 --> 00:23:17,397
‐ It was hard to be able
to believe Carlos Santos,
554
00:23:17,522 --> 00:23:19,524
'cause why would someone
get on the stand
555
00:23:19,650 --> 00:23:21,985
and admit to committing
a homicide
556
00:23:22,069 --> 00:23:24,446
but get the prosecutors
not charging him?
557
00:23:24,529 --> 00:23:26,782
So that takes away credibility
from the defense
558
00:23:26,907 --> 00:23:30,577
that this person had anything
to do with the homicide.
559
00:23:30,702 --> 00:23:34,957
‐ So we were going
to essentially debunk
560
00:23:35,082 --> 00:23:36,333
the defense's theory
561
00:23:36,416 --> 00:23:39,378
and let the jury see
the absurdity of it.
562
00:23:44,466 --> 00:23:45,801
‐ I honestly didn't think
that me lying to him
563
00:23:45,884 --> 00:23:48,470
about having sex with a bunch
of different women would,
564
00:23:48,553 --> 00:23:50,639
you know, result in me
being arrested for murder.
565
00:23:50,722 --> 00:23:53,016
‐ Henry Segura's on trial
for the vicious slaying
566
00:23:53,058 --> 00:23:54,726
of his ex‐girlfriend
Brandi Peters
567
00:23:54,810 --> 00:23:56,603
and her three young children.
568
00:23:56,728 --> 00:23:59,314
Henry Segura has decided
to take the stand in an effort
569
00:23:59,398 --> 00:24:02,192
to convince the jury
that he's innocent.
570
00:24:02,317 --> 00:24:06,029
But now Henry Segura
and the defense's cartel theory
571
00:24:06,113 --> 00:24:09,366
have to stand up to the
prosecutor's cross‐examination.
572
00:24:09,449 --> 00:24:12,869
[dramatic music]
573
00:24:12,953 --> 00:24:15,455
‐ During the course
of Mr. Santos'
574
00:24:15,580 --> 00:24:16,915
direct examination,
of course,
575
00:24:16,999 --> 00:24:20,168
he had mentioned
that he had met Brandi Peters.
576
00:24:20,293 --> 00:24:21,962
You met her in 2000, 2001?
577
00:24:22,045 --> 00:24:23,088
‐ Yes, sir.
578
00:24:23,171 --> 00:24:25,132
‐ How old was she?
579
00:24:25,215 --> 00:24:26,717
‐ I don't recall, sir.
580
00:24:26,842 --> 00:24:29,511
‐ What was her hair like?
581
00:24:29,636 --> 00:24:31,013
‐ I don't remember.
582
00:24:31,096 --> 00:24:32,681
‐ We knew that he
had never met her,
583
00:24:32,764 --> 00:24:34,474
because he was in prison.
584
00:24:34,558 --> 00:24:37,728
‐ We also looked into
Brandi Peters' background.
585
00:24:37,853 --> 00:24:40,313
Because if you're a drug mule,
there's gonna be something
586
00:24:40,397 --> 00:24:44,443
there that's gonna identify
all this criminal activity.
587
00:24:44,568 --> 00:24:46,695
We did not reveal
any information
588
00:24:46,778 --> 00:24:50,282
that would identify her
as being a drug mule.
589
00:24:50,407 --> 00:24:52,576
‐ And, Mr. Santos,
isn't it also true
590
00:24:52,701 --> 00:24:57,372
that at some point, you have
claimed to be from Nigeria?
591
00:24:57,456 --> 00:24:58,665
‐ No.
592
00:24:58,749 --> 00:25:03,253
‐ Place of birth‐‐
what does it say?
593
00:25:03,336 --> 00:25:04,671
‐ Nigeria.
594
00:25:04,713 --> 00:25:07,924
‐ Mr. Santos is, quite frankly,
a pathological liar.
595
00:25:08,008 --> 00:25:09,885
He tries to make
himself important,
596
00:25:09,968 --> 00:25:12,137
confesses to crimes
that he didn't commit,
597
00:25:12,220 --> 00:25:15,515
couldn't commit, didn't have
any way of committing.
598
00:25:15,640 --> 00:25:18,643
Isn't it true you've also
confessed to two other murders
599
00:25:18,727 --> 00:25:22,689
in which there was never a
dead body associated with them?
600
00:25:22,773 --> 00:25:26,568
Again, for it to be the cartel,
you've got to believe Santos.
601
00:25:26,651 --> 00:25:28,278
Santos is the most
unbelievable person
602
00:25:28,403 --> 00:25:29,863
on the face of the Earth.
603
00:25:29,905 --> 00:25:32,032
And one of the things
that the defense latched on
604
00:25:32,115 --> 00:25:34,993
was the DNA
that was found that,
605
00:25:35,077 --> 00:25:38,121
in their belief,
matched Angel Avila.
606
00:25:38,205 --> 00:25:41,041
But there's a whole bunch
of little markers on DNA.
607
00:25:41,166 --> 00:25:43,376
So if there's 13 markers
that are identified
608
00:25:43,418 --> 00:25:45,420
and I have all 13, it's me.
609
00:25:45,545 --> 00:25:47,422
Whereas one marker,
quite frankly,
610
00:25:47,506 --> 00:25:49,841
I can share with everybody
in this room.
611
00:25:49,925 --> 00:25:53,762
So the CODIS hit revealed
not only Mr. Avila,
612
00:25:53,887 --> 00:25:56,640
but it actually revealed
four other criminals as well,
613
00:25:56,723 --> 00:25:58,016
and each one of them
614
00:25:58,100 --> 00:26:00,185
were eliminated
as potential suspects.
615
00:26:00,310 --> 00:26:01,686
‐ The prosecution's tried
to refute
616
00:26:01,770 --> 00:26:04,439
the defense's theory
of a cartel hit.
617
00:26:04,564 --> 00:26:06,358
But if they want
a guilty verdict,
618
00:26:06,483 --> 00:26:07,734
they'll still need to refocus
619
00:26:07,859 --> 00:26:10,737
the jury's attention
on Henry Segura.
620
00:26:10,821 --> 00:26:12,739
‐ The whole purpose of a
cross‐examination, of course,
621
00:26:12,864 --> 00:26:14,658
is to catch
the person off guard.
622
00:26:14,741 --> 00:26:17,702
So when I sat down
and Ms. Dugan steps up
623
00:26:17,786 --> 00:26:19,329
to conduct
the cross‐examination‐‐
624
00:26:19,412 --> 00:26:22,165
I'll never forget it‐‐
Mr. Segura kind of leaned back,
625
00:26:22,249 --> 00:26:24,835
and he moved his hand
across his face.
626
00:26:24,918 --> 00:26:26,169
And it was a telltale sign
627
00:26:26,253 --> 00:26:29,714
that he was immediately
out of his comfort zone.
628
00:26:29,840 --> 00:26:33,677
From that point on, we knew
we had gotten to Mr. Segura.
629
00:26:33,760 --> 00:26:35,428
‐ And the way
that he was‐‐responded
630
00:26:35,554 --> 00:26:38,890
to the female prosecutor
worked against him.
631
00:26:39,015 --> 00:26:40,976
And that's one of the reasons
632
00:26:41,059 --> 00:26:43,770
why you need
to take into account,
633
00:26:43,854 --> 00:26:46,773
before you decide to put
a person in the stand,
634
00:26:46,857 --> 00:26:50,902
"Will the jury accept my client
for who he is"?
635
00:26:51,027 --> 00:26:53,864
or whether they will
hold it against him.
636
00:26:53,947 --> 00:26:55,448
♪ ♪
637
00:26:55,532 --> 00:27:01,037
‐ And finally, after denying
that you had a second phone,
638
00:27:01,121 --> 00:27:04,332
I guess about 20 times over the
course of the two interviews,
639
00:27:04,416 --> 00:27:08,253
you finally admit to police
that you have one, right?
640
00:27:08,336 --> 00:27:09,796
♪ ♪
641
00:27:09,880 --> 00:27:12,674
‐ I don't recall admitting
to them I had a second phone.
642
00:27:12,799 --> 00:27:14,259
'Cause I hadn't got rid
of the phone,
643
00:27:14,384 --> 00:27:16,678
so technically I didn't have
a phone, I had a phone.
644
00:27:16,761 --> 00:27:19,514
‐ The cell phone evidence
was probably
645
00:27:19,598 --> 00:27:22,392
some of our strongest evidence
in this case.
646
00:27:22,517 --> 00:27:25,562
His secret cell phone records
647
00:27:25,645 --> 00:27:28,940
showed that his location
was consistent
648
00:27:29,024 --> 00:27:33,945
with being at Brandi Peters'
home the time
649
00:27:34,029 --> 00:27:36,072
that these homicides
would have happened.
650
00:27:36,198 --> 00:27:40,869
‐ Brandi last used her
cell phone at 6:53 p. m.
651
00:27:40,994 --> 00:27:44,456
Her phone was then
powered down at 8:21 p. m.
652
00:27:44,581 --> 00:27:47,876
So they think
that the murders happened
653
00:27:47,918 --> 00:27:50,712
sometime in that time frame.
654
00:27:50,837 --> 00:27:52,088
‐ So why did you throw
the phone away
655
00:27:52,172 --> 00:27:54,090
just a few days
after these murders?
656
00:27:54,216 --> 00:27:57,844
‐ Well, I assumed
that the police‐‐
657
00:27:57,969 --> 00:28:00,263
excuse me‐‐were gonna get
in touch with my wife,
658
00:28:00,388 --> 00:28:01,681
and I wanted to be sure
659
00:28:01,765 --> 00:28:04,100
she didn't have any access
to that telephone.
660
00:28:04,226 --> 00:28:07,229
‐ The cell phone location,
the cell phone pinging
661
00:28:07,312 --> 00:28:10,273
at Brandi's house‐‐
because Henry Segura
662
00:28:10,357 --> 00:28:13,235
tried so hard
to distance himself
663
00:28:13,318 --> 00:28:16,529
from Brandi and Brandi's house
on that day,
664
00:28:16,613 --> 00:28:18,865
I found that
to be very damning.
665
00:28:18,907 --> 00:28:21,576
‐ Henry Segura
has got the motive,
666
00:28:21,660 --> 00:28:23,036
he has got the means,
667
00:28:23,161 --> 00:28:26,456
and he's got the opportunity
for this murder.
668
00:28:26,581 --> 00:28:28,124
Further, Tyler Moore,
669
00:28:28,250 --> 00:28:30,043
friend of his‐‐
lifelong friend of his‐‐
670
00:28:30,085 --> 00:28:32,963
has previously seen him
with a .32‐caliber gun.
671
00:28:33,046 --> 00:28:36,841
Of course, the weapon that was
used and shot in the house,
672
00:28:36,925 --> 00:28:38,718
with ten recovered
projectiles,
673
00:28:38,843 --> 00:28:40,887
is a .32‐caliber.
674
00:28:41,012 --> 00:28:44,182
When do coincidences
stop being coincidences?
675
00:28:44,224 --> 00:28:46,893
‐ The murder weapon
in this case was never found.
676
00:28:47,018 --> 00:28:51,189
But just the fact that he
definitely owned the same type
677
00:28:51,273 --> 00:28:56,152
of gun that killed Brandi
and her daughter Tamiyah
678
00:28:56,236 --> 00:29:00,365
is definitely another point
that is not in his favor.
679
00:29:00,407 --> 00:29:02,033
‐ The prosecution has placed
Henry Segura
680
00:29:02,158 --> 00:29:04,077
at the crime scene
around the time
681
00:29:04,160 --> 00:29:05,787
they believe
the murders occurred.
682
00:29:05,870 --> 00:29:07,914
But will that be enough
to convince the jury
683
00:29:08,039 --> 00:29:09,541
he killed his own son
684
00:29:09,666 --> 00:29:11,668
in addition
to three other victims?
685
00:29:11,751 --> 00:29:13,295
Ten months
after the murders occurred,
686
00:29:13,378 --> 00:29:16,881
Henry Segura was arrested
and charged in Minnesota.
687
00:29:17,007 --> 00:29:19,134
While awaiting transfer
back to Tallahassee,
688
00:29:19,217 --> 00:29:23,013
Segura and his wife, Malica,
had a phone conversation
689
00:29:23,096 --> 00:29:27,017
prosecutors believe
connects him to the murders.
690
00:29:44,576 --> 00:29:48,413
‐ It was our contention
that he was essentially saying
691
00:29:48,538 --> 00:29:49,914
at that particular time
692
00:29:50,040 --> 00:29:52,292
that he certainly was involved
in this case.
693
00:29:52,417 --> 00:29:55,128
‐ It's strictly my opinion,
but I do believe
694
00:29:55,211 --> 00:29:57,756
that Henry Segura's wife
and Mr. Segura
695
00:29:57,881 --> 00:30:01,009
are aware of why the murders
occurred.
696
00:30:01,051 --> 00:30:05,680
The state of Florida
sent a letter to Henry's house
697
00:30:05,764 --> 00:30:08,099
while he was
on the road working.
698
00:30:08,224 --> 00:30:09,851
I believe Malica opened it up,
699
00:30:09,934 --> 00:30:11,853
and it says,
"You have to pay child support,
700
00:30:11,978 --> 00:30:13,313
$800‐something."
701
00:30:13,396 --> 00:30:15,690
‐ I showed his bank statement
at the time.
702
00:30:15,815 --> 00:30:18,026
I mean, he was living
paycheck to paycheck.
703
00:30:18,151 --> 00:30:20,904
You had $106 in your account.
‐ Yeah. In the account, yes.
704
00:30:21,029 --> 00:30:22,447
‐ And this was
your available balance
705
00:30:22,572 --> 00:30:23,615
the day before these murders.
706
00:30:23,698 --> 00:30:25,116
‐ Right.
‐ Okay.
707
00:30:25,200 --> 00:30:29,120
This is also for a child
who the mother of the child
708
00:30:29,245 --> 00:30:32,332
is taunting him
and saying, you know,
709
00:30:32,415 --> 00:30:34,876
"You better pay me my money,
or you're gonna be in jail.
710
00:30:35,001 --> 00:30:36,669
I'm gonna make sure
you go to jail."
711
00:30:36,795 --> 00:30:39,255
So I think that was
very frustrating for him.
712
00:30:39,339 --> 00:30:41,174
I'm sure his wife
wasn't happy at home
713
00:30:41,299 --> 00:30:43,343
and he's having to hear it
from there too.
714
00:30:43,468 --> 00:30:45,178
‐ If I'm gonna kill JaVonte,
why not bring him
715
00:30:45,261 --> 00:30:46,679
home with me and kill Brandi?
716
00:30:46,763 --> 00:30:48,139
That way, I don't have
to pay child support
717
00:30:48,223 --> 00:30:49,599
and I can raise my son
like I want to.
718
00:30:49,724 --> 00:30:52,602
‐ You were willing to lie
to police
719
00:30:52,727 --> 00:30:55,021
about a murder charge
of children
720
00:30:55,146 --> 00:30:57,023
in order to protect your wife
from knowing
721
00:30:57,107 --> 00:30:59,734
that you were just
even over at Brandi's house.
722
00:30:59,859 --> 00:31:01,194
But you're saying
that your wife
723
00:31:01,319 --> 00:31:03,196
and you would have welcomed
Brandi's child
724
00:31:03,238 --> 00:31:05,198
with you into your home
and raised him as your own?
725
00:31:05,323 --> 00:31:06,866
‐ That's not what I'm saying.
726
00:31:06,950 --> 00:31:08,743
My wife would not have
welcomed Brandi's son
727
00:31:08,868 --> 00:31:10,328
and my son into our home.
728
00:31:10,412 --> 00:31:13,415
‐ Brandi Peters
and Malica Segura
729
00:31:13,498 --> 00:31:16,126
argued over Henry,
730
00:31:16,251 --> 00:31:19,504
and I think once Malica
became aware of the child,
731
00:31:19,587 --> 00:31:21,339
that created extra tension.
732
00:31:21,423 --> 00:31:24,509
So that tension became
an erupting volcano,
733
00:31:24,634 --> 00:31:27,095
and that's what caused this.
734
00:31:33,226 --> 00:31:36,479
‐ He probably killed
his mistress for his wife.
735
00:31:36,563 --> 00:31:41,276
He got rid of this second
family that he had for her.
736
00:31:46,239 --> 00:31:47,031
‐ I promised my wife that I
wouldn't cheat on her no more.
737
00:31:47,157 --> 00:31:48,074
So after I made
the promise to her,
738
00:31:48,158 --> 00:31:49,242
that's when I tried to stop
739
00:31:49,367 --> 00:31:50,869
talking with all the rest
of the girls.
740
00:31:50,994 --> 00:31:53,079
But eventually, I started back
talking to them.
741
00:31:53,204 --> 00:31:55,206
‐ It's been nine years
since Brandi Peters
742
00:31:55,290 --> 00:31:56,749
and her three young children
743
00:31:56,875 --> 00:31:59,085
were viciously murdered
in their home.
744
00:31:59,169 --> 00:32:01,212
Henry Segura,
Brandi's ex‐boyfriend,
745
00:32:01,296 --> 00:32:02,755
stands accused of the crime,
746
00:32:02,839 --> 00:32:04,716
despite maintaining
his innocence.
747
00:32:04,799 --> 00:32:07,469
The prosecution's established
that he had the opportunity
748
00:32:07,552 --> 00:32:09,971
and a motive,
while the defense has pointed
749
00:32:10,054 --> 00:32:12,515
the finger
directly at another culprit.
750
00:32:12,557 --> 00:32:15,477
And it's the prosecutors
that have to prove the case
751
00:32:15,560 --> 00:32:17,228
beyond a reasonable doubt.
752
00:32:17,312 --> 00:32:21,399
‐ The prosecution painted
Henry Segura as this big,
753
00:32:21,524 --> 00:32:25,069
bad man who didn't care
about any woman,
754
00:32:25,153 --> 00:32:27,572
that was actually
taking advantage of women,
755
00:32:27,655 --> 00:32:29,115
was sleeping around,
756
00:32:29,240 --> 00:32:31,701
and not caring about
supporting any of the kids.
757
00:32:31,784 --> 00:32:33,077
‐ One of the things
we tried to do
758
00:32:33,161 --> 00:32:35,622
is show Mr. Segura
for who he was,
759
00:32:35,747 --> 00:32:39,542
that he wasn't this lovable
guy that cared about his kid,
760
00:32:39,626 --> 00:32:42,003
and hopefully paints
the picture in the jurors
761
00:32:42,086 --> 00:32:45,507
that he is someone who can
commit a crime like this,
762
00:32:45,590 --> 00:32:48,426
in killing three children
and Ms. Peters.
763
00:32:48,551 --> 00:32:50,261
‐ You do have an update
in the investigation,
764
00:32:50,345 --> 00:32:52,847
and the update is,
"They think I did it."
765
00:32:52,931 --> 00:32:54,265
And at that point,
766
00:32:54,349 --> 00:32:55,975
you and your wife
were not on good terms.
767
00:32:56,059 --> 00:32:57,352
She knows you have
another girlfriend.
768
00:32:57,435 --> 00:32:59,187
So why not go to the police
and just say,
769
00:32:59,229 --> 00:33:01,731
"You've got the wrong guy.
Here's why I lied to you"?
770
00:33:01,814 --> 00:33:03,608
‐ Yes, I told
the lady Johnson‐‐
771
00:33:03,733 --> 00:33:04,817
Investigator Johnson...
772
00:33:04,901 --> 00:33:06,152
‐ You told her‐‐
773
00:33:06,236 --> 00:33:07,904
‐ Over the phone that I was
cheating on my wife
774
00:33:08,029 --> 00:33:09,322
and I didn't want y'all
to find out.
775
00:33:09,405 --> 00:33:11,991
And she‐‐
[hiccups] Excuse me.
776
00:33:12,075 --> 00:33:15,036
And she‐‐like I say,
she went back and forth,
777
00:33:15,161 --> 00:33:17,580
and we was arguing about
she know I killed my son.
778
00:33:17,705 --> 00:33:19,165
"We're gonna arrest you
for killing your son."
779
00:33:19,249 --> 00:33:20,750
And I hung up on her.
780
00:33:20,875 --> 00:33:23,545
‐ When she was doing the
questioning of Henry Segura,
781
00:33:23,670 --> 00:33:27,382
you had her, line by line,
question by question,
782
00:33:27,507 --> 00:33:30,176
getting under the skin
of Henry Segura.
783
00:33:30,301 --> 00:33:33,429
‐ So your testimony is that
you told police in this case
784
00:33:33,513 --> 00:33:34,931
over the phone‐‐
‐ Investigator Johnson.
785
00:33:35,014 --> 00:33:36,140
‐ Johnson.
786
00:33:38,810 --> 00:33:40,979
‐ She's asking the same
question over and over.
787
00:33:41,062 --> 00:33:42,355
‐ No, she's‐‐
788
00:33:44,274 --> 00:33:46,401
‐ Who you pointing at?
Who you pointing at?
789
00:33:47,610 --> 00:33:49,028
‐ I'm a grown man.
790
00:33:51,281 --> 00:33:52,782
‐ Yeah, that's very clear.
791
00:33:54,200 --> 00:33:58,663
‐ In person, you felt
the whole room tense up.
792
00:33:58,746 --> 00:34:04,544
And I felt the jury tense up.
They felt how angry he was.
793
00:34:04,627 --> 00:34:07,046
What we saw right there‐‐
the temper, right?
794
00:34:07,171 --> 00:34:08,840
‐ I'm getting aggravated
'cause you keep asking me
795
00:34:08,923 --> 00:34:10,258
the same questions
over and over,
796
00:34:10,383 --> 00:34:11,801
like you're expecting
a different answer.
797
00:34:11,884 --> 00:34:14,429
‐ You'd probably be
the first one to tell us this.
798
00:34:14,554 --> 00:34:17,223
Brandi‐‐she tells you
what's on her mind.
799
00:34:17,348 --> 00:34:19,350
She's not one
to hold her tongue, right?
800
00:34:19,475 --> 00:34:20,727
‐ Neither am I.
801
00:34:20,810 --> 00:34:24,522
‐ Is that kind of what
just started this whole thing?
802
00:34:24,647 --> 00:34:28,151
‐ You're dealing with a case
where a woman was killed,
803
00:34:28,234 --> 00:34:30,111
as well as her three kids.
804
00:34:30,194 --> 00:34:32,572
So when you think about that,
you think about‐‐
805
00:34:32,697 --> 00:34:34,824
the person that is capable
of doing that
806
00:34:34,907 --> 00:34:38,119
is someone who is violent,
is someone who gets angry,
807
00:34:38,202 --> 00:34:41,122
is someone who has no respect
for authority,
808
00:34:41,247 --> 00:34:43,291
someone who has
no respect for women.
809
00:34:43,416 --> 00:34:45,627
And for that brief
couple of seconds,
810
00:34:45,752 --> 00:34:50,506
we became eyewitnesses to who
the real Henry Segura was
811
00:34:50,590 --> 00:34:52,800
when he responded
to the judge.
812
00:34:52,884 --> 00:34:55,970
‐ What you got to see
is the true Henry Segura,
813
00:34:56,054 --> 00:34:59,432
the man that gets frustrated
and snaps
814
00:34:59,557 --> 00:35:00,933
and gets angry.
815
00:35:01,059 --> 00:35:06,230
Snaps at Judge Hankinson,
"I'm a grown man."
816
00:35:06,356 --> 00:35:11,277
Imagine what he would do
to Brandi Peters
817
00:35:11,402 --> 00:35:14,030
if he's willing to do that
here in court
818
00:35:14,072 --> 00:35:15,740
while he's on trial for murder.
819
00:35:15,865 --> 00:35:19,744
Henry Segura was there when her
phone stopped communicating,
820
00:35:19,869 --> 00:35:23,831
when she stopped being able
to communicate with her phone,
821
00:35:23,915 --> 00:35:25,166
when she was murdered.
822
00:35:25,249 --> 00:35:27,293
‐ Watching Henry Segura
on the stand,
823
00:35:27,418 --> 00:35:30,755
what you saw was a person
that was angry,
824
00:35:30,880 --> 00:35:33,257
a person that lacked emotion,
825
00:35:33,383 --> 00:35:37,553
a person that was
disrespectful.
826
00:35:37,679 --> 00:35:40,264
These are all the words
that came to mind
827
00:35:40,390 --> 00:35:43,893
because of how he came off
on the stand.
828
00:35:43,976 --> 00:35:45,353
So if I'm saying this,
829
00:35:45,436 --> 00:35:48,690
just imagine
what the jury was thinking.
830
00:35:48,773 --> 00:35:50,650
‐ Henry had an emotional
outburst at the judge
831
00:35:50,733 --> 00:35:52,985
because of ten years
of built‐up frustration,
832
00:35:53,069 --> 00:35:54,362
and it cost him.
833
00:35:54,404 --> 00:35:56,531
But, you know, fortunately,
834
00:35:56,614 --> 00:35:59,450
there was a mountain
of exculpatory evidence.
835
00:35:59,534 --> 00:36:01,536
These are Brandi's own words
in the days
836
00:36:01,619 --> 00:36:03,454
and weeks
leading up to her murder.
837
00:36:03,538 --> 00:36:05,081
"I'm going crazy right now,
838
00:36:05,206 --> 00:36:06,874
"so he need to let me
know something.
839
00:36:06,958 --> 00:36:11,087
Because I don't play with me
and my kids' life."
840
00:36:11,212 --> 00:36:12,463
Those are her words.
841
00:36:12,547 --> 00:36:14,340
She ain't writing that
about Henry Segura.
842
00:36:14,465 --> 00:36:16,342
She's writing that back
and forth about this guy
843
00:36:16,426 --> 00:36:18,970
that Santos is trying
to send her to go see.
844
00:36:19,053 --> 00:36:20,346
You don't want
to believe Santos?
845
00:36:20,388 --> 00:36:22,598
Don't believe Santos.
Believe Brandi.
846
00:36:22,724 --> 00:36:24,475
You don't want to believe
the shoe impressions?
847
00:36:24,559 --> 00:36:26,227
You don't want
to believe the DNA?
848
00:36:26,352 --> 00:36:27,770
You don't want to believe
the blood spatter?
849
00:36:27,854 --> 00:36:29,188
You don't want to believe
the cell phone stuff?
850
00:36:29,272 --> 00:36:30,273
You don't want
to believe Henry?
851
00:36:30,398 --> 00:36:31,524
All that's fine.
852
00:36:31,649 --> 00:36:33,359
Believe the one person
who the state
853
00:36:33,484 --> 00:36:35,695
won't cross‐examine,
Brandi Peters.
854
00:36:35,778 --> 00:36:37,613
She knew what she was
in danger from.
855
00:36:37,697 --> 00:36:40,867
She knew best what
she was in danger from.
856
00:36:40,908 --> 00:36:42,118
I would also submit to you
857
00:36:42,243 --> 00:36:43,703
what Artron Timmons'
testimony was.
858
00:36:43,828 --> 00:36:45,496
He said the girls and JaVonte
ate dinner
859
00:36:45,580 --> 00:36:47,165
at their house
about 7:00.
860
00:36:47,248 --> 00:36:50,042
That's the unrebutted evidence
about when their last meal was.
861
00:36:50,126 --> 00:36:52,754
The medical adviser testified
that the food in their stomachs
862
00:36:52,879 --> 00:36:55,256
had been digesting
for at least three hours
863
00:36:55,381 --> 00:36:56,799
as of the time of their death.
864
00:36:56,883 --> 00:36:59,761
That puts the time of death
10:00, 10:30, 11:00,
865
00:36:59,886 --> 00:37:01,095
at the very earliest.
866
00:37:01,220 --> 00:37:02,680
Why is that significant?
867
00:37:02,764 --> 00:37:07,351
Everybody agrees Henry's back
down in Woodville by 9:30 p. m.
868
00:37:07,435 --> 00:37:10,646
Never comes back up anywhere
near Brandi's house that night.
869
00:37:10,730 --> 00:37:13,149
That was the undisputed,
unrebutted testimony
870
00:37:13,232 --> 00:37:14,859
by both cell phone experts.
871
00:37:14,901 --> 00:37:16,152
I would submit to you
872
00:37:16,235 --> 00:37:18,362
that the combination
of the time of death
873
00:37:18,446 --> 00:37:20,490
with Mr. Segura's activities
that evening,
874
00:37:20,573 --> 00:37:23,951
by themselves,
conclusively rebut any idea
875
00:37:24,076 --> 00:37:25,369
that he could
have been involved
876
00:37:25,453 --> 00:37:27,455
in the commission
of the offenses.
877
00:37:27,580 --> 00:37:30,416
‐ When Mr. Prince
gave his closing argument,
878
00:37:30,541 --> 00:37:33,211
I remember thinking, "Uh‐oh."
879
00:37:38,341 --> 00:37:41,552
‐ Mr. Segura has waited
patiently for nine years.
880
00:37:41,636 --> 00:37:43,596
I put him on the stand knowing
he's not a superstar witness.
881
00:37:43,721 --> 00:37:45,223
And they want to try and say,
882
00:37:45,348 --> 00:37:46,849
because he gets frustrated,
that he's the killer?
883
00:37:46,891 --> 00:37:48,518
Is that your best evidence
that he's the killer?
884
00:37:48,601 --> 00:37:50,603
As he told you himself
on the stand,
885
00:37:50,728 --> 00:37:53,397
he's been in custody
for eight years
886
00:37:53,523 --> 00:37:55,566
for an offense
he didn't commit!
887
00:37:55,650 --> 00:37:56,984
You have the power to save.
888
00:37:57,068 --> 00:37:58,444
You have the power
to take life.
889
00:37:58,569 --> 00:38:00,196
I ask that you follow the law,
890
00:38:00,279 --> 00:38:02,865
that you find Mr. Segura
not guilty.
891
00:38:02,907 --> 00:38:05,493
‐ After his first trial
ended in a hung jury,
892
00:38:05,576 --> 00:38:08,704
Henry Segura is again
facing the death penalty
893
00:38:08,830 --> 00:38:11,374
for the murders of his
ex‐girlfriend Brandi Peters,
894
00:38:11,415 --> 00:38:13,084
her six‐year‐old
twin daughters,
895
00:38:13,167 --> 00:38:15,127
and their three‐year‐old son.
896
00:38:15,211 --> 00:38:17,421
Both the prosecution
and defense presented
897
00:38:17,547 --> 00:38:18,840
compelling evidence.
898
00:38:18,923 --> 00:38:22,343
But have they done enough
to get a unanimous verdict
899
00:38:22,385 --> 00:38:24,470
and avoid a second mistrial?
900
00:38:24,554 --> 00:38:26,722
‐ So I remember,
after Nate's closing‐‐
901
00:38:26,848 --> 00:38:28,599
it was very good,
very passionate‐‐
902
00:38:28,683 --> 00:38:30,893
I got the chance for rebuttal,
and I remember saying,
903
00:38:30,977 --> 00:38:33,521
"I've got to figure out how
I can possibly answer that."
904
00:38:33,604 --> 00:38:37,358
Why are all the wounds
in one area?
905
00:38:37,483 --> 00:38:41,612
All of them are on her head
and defensive.
906
00:38:41,737 --> 00:38:44,866
If you have multiple people
doing this,
907
00:38:44,949 --> 00:38:46,909
you're gonna get it
in more than one spot.
908
00:38:47,034 --> 00:38:49,954
Otherwise, their hands are
gonna be hitting each other.
909
00:38:50,079 --> 00:38:52,039
And that's not what you have.
910
00:38:52,123 --> 00:38:53,624
There's no one else
911
00:38:53,749 --> 00:38:56,377
that it makes sense
committed this crime.
912
00:38:56,502 --> 00:38:59,338
There's no one else
that has that motive
913
00:38:59,463 --> 00:39:02,258
and has a .32 revolver
914
00:39:02,383 --> 00:39:06,721
and was there on the day
915
00:39:06,846 --> 00:39:08,681
at the time.
916
00:39:08,764 --> 00:39:10,516
You never know with a jury,
917
00:39:10,558 --> 00:39:15,521
so there certainly is not
a situation in this trial
918
00:39:15,563 --> 00:39:18,691
that I was ever confident
in a verdict.
919
00:39:18,733 --> 00:39:20,985
‐ I felt good, like, logically.
920
00:39:21,068 --> 00:39:24,989
But it's hard to get them
to get past the emotion
921
00:39:25,072 --> 00:39:26,324
of seeing dead children.
922
00:39:26,407 --> 00:39:28,117
A lot of those jurors
were parents.
923
00:39:28,242 --> 00:39:31,078
[dramatic music]
924
00:39:31,203 --> 00:39:34,290
♪ ♪
925
00:39:34,373 --> 00:39:37,043
‐ State of Florida
versus Henry Segura.
926
00:39:37,168 --> 00:39:38,628
We, the jury, find as follows:
927
00:39:38,711 --> 00:39:40,379
as to count one
of the indictment,
928
00:39:40,504 --> 00:39:44,050
concerning the murders
of Brandi Peters,
929
00:39:44,133 --> 00:39:48,763
the jury finds the defendant is
guilty of first‐degree murder.
930
00:39:48,888 --> 00:39:50,932
‐ Henry Segura was convicted
on all four counts
931
00:39:51,015 --> 00:39:53,434
of the first‐degree murder
of Brandi Peters
932
00:39:53,517 --> 00:39:54,936
and her children.
933
00:39:55,019 --> 00:39:57,813
The defense made a huge bet
on a six‐person jury,
934
00:39:57,897 --> 00:39:59,690
hoping for an all‐out
acquittal.
935
00:39:59,815 --> 00:40:03,819
But that gamble ultimately
did not work in their favor.
936
00:40:03,903 --> 00:40:06,697
‐ When the verdict came back,
Henry looks at me and says,
937
00:40:06,739 --> 00:40:09,825
"Well, you know,
at least the family
938
00:40:09,909 --> 00:40:12,620
can have some sense of peace
about this now."
939
00:40:12,745 --> 00:40:15,831
That just‐‐it really stung,
but it's really illustrative
940
00:40:15,915 --> 00:40:19,001
of a more complete picture
of who he is.
941
00:40:19,085 --> 00:40:20,920
Children on the autopsy
table‐‐it's horrible.
942
00:40:21,045 --> 00:40:23,089
It's something that you can't
unsee once you've seen it,
943
00:40:23,172 --> 00:40:26,968
you know, and that makes a jury
want to punish someone.
944
00:40:27,051 --> 00:40:30,054
In some ways, they would rather
punish the wrong person
945
00:40:30,179 --> 00:40:31,722
than that nobody get punished.
946
00:40:31,806 --> 00:40:33,766
‐ Quite frankly, there's a lot
of people in this community
947
00:40:33,891 --> 00:40:35,267
that still think
he's innocent,
948
00:40:35,393 --> 00:40:36,727
that the Mexican cartel
did it.
949
00:40:36,811 --> 00:40:38,771
But the Federal Bureau
of Investigations
950
00:40:38,896 --> 00:40:41,357
all did everything
to both prove
951
00:40:41,399 --> 00:40:44,527
and disprove
Mr. Segura's guilt,
952
00:40:44,652 --> 00:40:47,196
and ultimately we were
extremely confident
953
00:40:47,238 --> 00:40:48,698
we got the right guy.
954
00:40:48,823 --> 00:40:50,866
‐ I honestly think this is
probably the only time
955
00:40:50,950 --> 00:40:54,036
that I know that my client
is innocent, for sure.
956
00:40:54,161 --> 00:40:57,623
And it really just, like‐‐
957
00:40:57,748 --> 00:40:59,041
felt like a punch
in the gut to me,
958
00:40:59,125 --> 00:41:01,502
that I just had some hand
in allowing Henry
959
00:41:01,544 --> 00:41:03,754
to get convicted,
despite my best effort.
960
00:41:03,838 --> 00:41:05,881
‐ Taking the stand might have
helped Henry Segura
961
00:41:06,007 --> 00:41:08,509
avoid a guilty verdict
in his first trial,
962
00:41:08,592 --> 00:41:11,178
but did that brief flash
of frustration
963
00:41:11,262 --> 00:41:13,014
this time
make the difference?
964
00:41:13,097 --> 00:41:14,974
Nevertheless,
was Henry Segura's testimony
965
00:41:15,057 --> 00:41:18,769
enough to at least convince
the jury to spare his life?
966
00:41:18,894 --> 00:41:20,479
‐ Whoever was responsible
for these crimes
967
00:41:20,563 --> 00:41:22,023
deserve the death penalty.
968
00:41:22,148 --> 00:41:23,274
If they feel I'm guilty,
969
00:41:23,357 --> 00:41:24,358
then they should
sentence me to death.
970
00:41:24,442 --> 00:41:25,860
♪ ♪
971
00:41:25,943 --> 00:41:30,698
‐ We, the jury, unanimously
find that Henry Segura
972
00:41:30,781 --> 00:41:34,201
should not be
sentenced to death.
973
00:41:34,243 --> 00:41:37,747
On each count, I sentence you
to life in prison.
974
00:41:37,830 --> 00:41:39,040
♪ ♪
975
00:41:39,123 --> 00:41:42,293
‐ Henry Segura's sentence
for quadruple murder
976
00:41:42,376 --> 00:41:43,753
involving three children:
977
00:41:43,878 --> 00:41:48,049
life in prison without
the possibility of parole.
978
00:41:48,174 --> 00:41:51,510
‐ The verdict in this case
is honestly, like,
979
00:41:51,635 --> 00:41:53,971
the perfect ending
to this trial.
980
00:41:54,055 --> 00:41:55,473
They found him guilty.
981
00:41:55,556 --> 00:41:58,476
But then they sentenced him
to life in prison.
982
00:41:58,559 --> 00:42:01,395
I'm not really sure
what it says
983
00:42:01,479 --> 00:42:06,442
about what they believe
about Henry's guilt.
984
00:42:06,567 --> 00:42:09,570
What could be more fitting
of the death penalty
985
00:42:09,653 --> 00:42:12,323
than a quadruple homicide?
986
00:42:12,406 --> 00:42:14,408
I don't know that anybody
987
00:42:14,533 --> 00:42:17,244
will ever know for sure
if Henry Segura
988
00:42:17,369 --> 00:42:22,124
really murdered Brandi Peters
and her three children.
989
00:42:22,208 --> 00:42:25,336
‐ Defendants are never forced
to take the stand.
990
00:42:25,419 --> 00:42:28,130
But that decision
is likely the biggest one
991
00:42:28,214 --> 00:42:29,673
they ever make.
992
00:42:29,757 --> 00:42:32,343
For "Under Other,"
I'm Dan Abrams.
993
00:42:32,468 --> 00:42:35,054
♪ ♪