[dramatic music]
‐ It is incredibly rare for criminal defendants
to take the stand.
It's a risk very few take.
At stake, one's freedom, or even their life.
This is Jessica and Daniel Groves,
a couple from Portsmouth, Ohio,
charged with the murder of their infant son.
‐ 12 zip ties, 8 wire ties, 18 rocks.
‐ They have both decided to take that gamble.
Will it help them convince the jury they're not guilty?
‐ Did you in any way cause the death of Dylan?
‐ Absolutely not.
‐ Or will it come back to haunt them?
‐ You have devoured my family.
‐ Take a courtside seat with the prosecutor,
the lead detective,
the reporter who covered the trial,
and the victim's foster mother.
I'm Dan Abrams, and this is "Under Oath."
‐ Raise your right hand. ‐ Do you solemnly swear...
‐ I'm being honest with everything I've said here.
‐ Do solemnly swear...
‐ ...the whole truth and nothing but the truth.
‐ I would like to testify.
‐ The testimony you are about to give‐‐
the whole truth and nothing but the truth.
‐ So help me God.
♪ ♪
‐ Do you understand that whether you testify
or you don't testify is solely your decision?
‐ Yes, I do. ‐ All right.
‐ Thank you, Your Honor.
Ladies and gentlemen of the jury,
the defendants, Daniel and Jessica Groves,
are charged with 11 felony charges.
♪ ♪
‐ Jessica and Daniel Groves are standing trial
for the unthinkable act of infanticide‐‐
the murder of their baby boy, Dylan Groves.
They've already lost custody of their eldest son.
They may now lose their freedom.
The state's charged them with aggravated murder,
which means the prosecutor
believes Dylan's death was no accident,
that the Groves intentionally killed their baby.
If convicted, they face life in prison without parole.
While defendants seldomly take the stand, in this case,
both Jessica and Daniel Groves have decided to testify.
Their goal is to explain in their own words
how and why this horrific act happened,
in the hope that at least one of them is found not guilty.
‐ The parents of a six‐month‐old boy
who was found dead last week in a well
pleaded not guilty today to all charges,
including aggravated murder.
‐ Jessica and Daniel Groves are being represented
separately but being tried together.
This seemed like their only way of defending themselves,
potentially save a lengthy conviction.
♪ ♪
‐ Is the defendant Jessica Groves
prepared to offer their case?
‐ Yes, Your Honor.
‐ She was to ensure that Daniel
wasn't held responsible for this,
but also to appear to be cooperative
in front of the jury and in front of the judge,
so maybe the judge would consider a lesser sentence.
‐ The Groves and their defense teams believe
Daniel has a better chance of being acquitted.
Their challenge is to convince the jury
that he was just an innocent bystander,
unaware of the extent of his wife's drug addiction
and the harm she inadvertently caused their infant son.
If he's found not guilty,
he can potentially reunite with his eldest son.
♪ ♪
‐ Our community has been and still is ground zero
for this terrible drug problem.
My client, Jessica Groves, was and still is a drug addict.
There is no doubt about that fact.
She and she alone caused the injuries to Dylan Groves
which led to his death.
She murdered Dylan Groves.
She will testify that the murdered Dylan Groves.
Daniel Groves had nothing to do with the death
of Dylan Groves and did not cause these injuries.
‐ I think Jessica went into this trial
knowing that she was likely going to be convicted,
which is why, between her defense team,
they decided that she would take the stand
and try to help Daniel's case.
♪ ♪
‐ Do you solemnly swear the testimony you are
about to give will be the truth, the whole truth,
and nothing but the truth, so help you God?
‐ I think everyone was surprised to learn
that they would take the witness stand,
especially when Jessica's defense attorney
said that she was going to take responsibility
for her actions.
‐ Jessica, did you, and you only,
cause the death of your son, Dylan Groves?
‐ Yes.
‐ Did Daniel Groves participate in the killing of Dylan?
‐ No.
‐ Was Daniel Groves aware
of any of the injuries that you caused Dylan
that may have led to his death?
‐ No.
‐ Did you hide all the injuries
that you caused Dylan from your husband?
‐ Yes.
‐ The coroner who performed the autopsy
on the infant determined the injuries,
including rib, leg, arm, and skull fractures,
were in different stages of healing,
and in her opinion that meant
the injuries were caused on different dates
involving at least three violent incidents.
Although she couldn't determine the exact cause of death,
the coroner believed the manner of death
was "homicidal violence."
So this was not an accidental death.
Could Jessica Groves explain to the jury
why the baby had so many injuries?
And even more important, could they understand
why she and her husband
decided to dispose of his body in a well?
‐ Because baby Dylan was so carelessly put into plastic
and then placed into a crate
and then dropped many feet down a well,
it was really hard for people to understand
why and how someone could do that to someone they loved.
‐ I was there for the recovery of Dylan's body.
I cannot even put it into words what I seen
when he was lifted out of the well.
‐ Daniel's argument about the way
they disposed of baby Dylan
was that they wanted to come back later and‐‐
when they had more time‐‐
and they wanted to give him a better burial.
‐ Where did you take Dylan after he died?
‐ To the well.
‐ Did you murder Dylan Groves?
‐ [sobbing] It was an accident.
‐ She decided to claim it was an accident.
‐ An accident allowed us, as the prosecution,
to point out all the things that indicated
that it wasn't an accident.
My co‐counsel and I just looked at each other
and said, "Game on."
‐ By saying the death of her son was an accident,
Jessica Groves is giving the prosecution
a new line of questioning.
She will now be challenged on every act she testified
was "accidental", not intentional.
This kind of surgical cross‐examination
is the most difficult part
for a defendant taking the stand.
It is the main reason why defendants rarely testify.
Stakes are always incredibly high,
making for a very tense courtroom,
as both Jessica Groves and her husband face life behind bars.
♪ ♪
‐ Does the state wish to cross‐examine the witness?
‐ An accident allowed us, as the prosecution,
to point out the scientific evidence, the hard evidence.
♪ ♪
‐ Tell the jury how you killed this baby.
‐ Nothing that I ever did was intentional.
‐ I'm not asking for your excuse.
How did you cause that complete upper arm fracture?
Tell the jury.
‐ I have to live with this for the rest of my life.
‐ Answer the question. How did you cause that‐‐
‐ You have devoured my family.
‐ Ms. Groves,
you answer the questions that are asked of you.
‐ I've admitted to my guilt. ‐ How did you cause‐‐
‐ And I have to live without my children.
‐ Tell the jury how you caused that injury.
‐ I'm done talking to you!
‐ You are talking to me,
'cause you're sitting on the witness stand!
‐ It was such an uncomfortable experience.
I mean, screaming from both parties.
It was tense. It was very tense.
‐ Judge, I ask you to instruct the witness
to answer the question.
‐ Ms. Groves, you have to answer the questions
on cross‐examination.
‐ [sobbing]
‐ Counsel, approach.
‐ She didn't want to give Ms. Hutchinson the satisfaction
of telling her exactly what happened.
‐ Try and rephrase your questions.
‐ How did you cause those injuries?
‐ I don't remember.
‐ Then how do you remember it was an accident?
‐ Because I would never hurt my children intentionally.
♪ ♪
‐ Look at this photograph, Jessica Groves.
How do you not remember that?
Tell a jury how it's possible
that you would not remember doing that.
‐ Because my mind wasn't clear.
‐ Why?
‐ Because of drugs.
♪ ♪
‐ Portsmouth, Ohio, is inside a county
which is on the banks of the Ohio River.
♪ ♪
‐ They do have a long, sordid history
with the opioid crisis.
‐ The drug problem here in Scioto County is tremendous,
just as it is in a lot of cities,
and I feel like it's impacted
almost every family in some way.
‐ The Groves case was, frankly,
our worst fears come true.
The tidal wave that somebody's addiction could have
on their family, their neighbors, the community.
‐ The night Jessica gave birth to baby Dylan,
she had tested positive for drugs in her system.
And so that immediately sparks a case now
for Child Protective Services to get involved.
‐ Scioto County Children Services
awarded emergency custody of baby Dylan.
‐ They asked if I would be willing to go pick up
baby Dylan at the hospital,
and they were needing a foster home for him.
‐ During the time that the foster mother, Andrea Bowling,
had baby Dylan,
he was free from injury and progressing well.
‐ Andrea is an angel sent from heaven, basically,
for baby Dylan.
‐ Dylan, hey.
‐ The little time that she had him,
baby Dylan knew he was loved.
‐ He loved being held.
He was happiest when he was being held.
‐ Baby Dylan lived with Andrea until January 28,
when Children Services decided to place the baby
back with Daniel Groves.
‐ Unfortunately, the Groves were able to convince
Children's Services that dad would be
an appropriate placement for the child,
and Dylan was returned to the father.
‐ It was 12 days that I had baby Dylan.
Hearing that he's gonna be reunited,
you know, I was very upset.
‐ But then the father started missing court dates
and doctor visits for his son,
and investigators say they made
several unsuccessful attempts
to locate the child and his parents.
‐ After several months without contact,
Children's Protective Services
filed a missing persons report on baby Dylan.
‐ They got a search warrant Monday and raided the home.
The mother, Jessica Groves, was removed without incident.
‐ The parents are in jail,
but questions about the status of the baby remain unanswered.
‐ We instantly started working on locating baby Dylan.
During this, we were able to learn
that baby Dylan had died,
and throughout the investigation,
was later to recover his body from a well.
♪ ♪
Daniel Groves was awarded custody, and he had one job,
and that was to keep the child safe.
‐ Did you ever see or suspect
that Jessica was causing the injuries to Dylan?
‐ Absolutely not.
‐ How could you not have known?
♪ ♪
‐ Believe me, I have asked myself that every day,
a million times since.
I knew about babies being born addicted to drugs,
and I done read‐‐ researched and read on it
that said that newborns, sometimes up to six months,
would do excessive crying be more irritable,
and stuff of that nature.
So I just took it as that was what it was.
‐ Did you have any other responsibilities in this case?
‐ Other than helping her take him to the well,
I had no other part in it.
♪ ♪
‐ Who did you interview first? ‐ Jessica.
‐ Okay, if you would, describe to the members of the jury
what her demeanor and appearance is,
as you see her there at the Sheriff's Office.
‐ Very standoffish. Cold.
Didn't really want to talk to me.
‐ So at some point, they do bring Daniel Groves to you.
‐ That is correct. ‐ Okay.
Well, you know your son was sent up for an autopsy.
Okay?
He's got multiple injuries that happened before death.
‐ I did not know there was anything‐‐if I‐‐
Jodi, if I would have knew that he had
one broken bone in his body,
he would have been to the hospital,
I swear he would.
‐ Was there a time during that first interview
when he admitted to you that baby Dylan was dead?
‐ Yes, there was. ‐ Okay.
What did he tell you happened?
‐ He initially told me that he found him in the crib.
Just found him in there, deceased.
♪ ♪
At one point, Daniel asked me
if he could speak to Jessica,
and I said, "Well, if she's willing, that's fine."
And of course she wanted to speak to him,
and they were placed in the room together.
‐ So when I heard that conversation,
I knew that baby Dylan for sure was not with us.
‐ Detective Conkel was angry about his lying to her.
‐ Why would you lie? Why would you want to hide?
‐ [indistinct] it's not a lie.
‐ Okay here, I'm just gonna be straight up with you.
There's amplifiers in this room.
I heard the whole, entire conversation,
everything you said.
‐ She was adamant with him, and she kept hammering.
I think that was the turning point in getting him to open up
as to where they had placed baby Dylan's body.
‐ The Scioto County Sheriff's Department confirms
that missing six‐month‐old baby Dylan Groves
was found dead tonight in a well.
‐ The location of that body, down a 30‐foot well,
full of water‐‐
no cadaver dog in the world could found that.
‐ They, for three hours, fished around in this water,
before they finally hooked what they thought might be
the container that contained Dylan's body.
Evidence will show that the container consisted
of two plastic milk crates,
chained together, zip‐tied and wire‐tied.
‐ The evening we pulled baby Dylan from the well,
it was like a relief, but it was sadness.
It was hard to see.
And still today, I can still picture it in my head.
‐ Mr. Groves, you want this jury to believe
you thought the baby just died.
‐ Yes. I thought he did just die.
‐ You promised to protect this baby,
that you would be the father.
‐ Yes.
‐ And when this baby was shaken by your wife,
did you call Children's Services?
‐ No, I did not. ‐ Did you call 911?
‐ No, I did not. ‐ Did you call Andrea Bowling?
‐ No, I did not. ‐ You failed to act.
We were able to establish in Daniel Groves'
cross‐examination that he, at the very least,
was complicit in his inaction in the death of his son.
So we wanted to paint for the jury that the monster,
the killer of this child‐‐
the door was opened for that killer by the person
that was supposed to be protecting the child the most.
‐ Jessica and Daniel Groves
have testified and tried to explain their actions.
They're charged with 11 felonies,
including the aggravated murder of their infant son,
Dylan Groves.
Now the prosecution and the defense
make their final arguments to the jurors.
For the Groves, life in prison
without the possibility of parole hangs in the balance.
♪ ♪
‐ You were told, at the beginning of this,
Jessica Groves is gonna take responsibility.
Did she take responsibility in here this morning
when she spoke to you?
She can't remember what happened,
but she does remember it was an accident.
You were told that Daniel Groves panicked
and dumped baby Dylan in a 30‐foot well.
Does this looks like panic to you?
Does it?
A chain, three padlocks,
12 zip ties, eight wire ties,
18 rocks, six layers of plastic and duct tape?
Does this look like panic?
I submit to you it looks like extreme planning.
‐ There's power in images, and that's why she picked it up
and carried it and waived it in front of their face.
She wanted that to be the last thing that they remembered
before they go back and deliberate.
‐ She could have pled out to this indictment.
She could have got rid of this case right off the bat.
But she didn't.
When I asked her, "Did you murder your son?"
She said yes.
She said she put him in this coffin.
All that was not to save herself.
It's to save him.
Because she knows the truth, and she's told it.
I present to you that the state has not provided
enough evidence that Daniel was guilty of the murder.
‐ You know, when you're waiting on the verdict,
it's like a match where there's not a knockout.
You've landed some good punches,
but did the jury see it?
It's time for you to deliberate.
We appreciate your service. Thank you.
♪ ♪
‐ As to the case of State of Ohio
versus Jessica Groves...
‐ And how we typically draft our indictments
is count one is the big one.
And so when you get to that point,
you couldn't go an ounce more.
You want to finish the case knowing that the next day,
whatever happens, you gave it your all.
‐ Count one of the indictment, charge aggravated murder:
"We, the jury, having been duly empaneled,
find, beyond a reasonable doubt,
the defendant Jessica Groves guilty."
♪ ♪
‐ Jessica Groves is found guilty on all 11 felony charges
and sentenced to life without parole.
Now, all eyes turn toward Daniel Groves.
‐ The case of State of Ohio versus Daniel Groves.
♪ ♪
Jury has returned their verdict.
Jury, as to count one, aggravated murder.
♪ ♪
Jury, having been duly empaneled,
find the defendant Daniel A. Groves
not guilty of count one of the indictment,
aggravated murder.
‐ When they read Daniel's count one
and found him not guilty, that‐that hurt.
That was like, "Ugh."
‐ As to count two, murder, the jury has found,
we the jury, having been duly empaneled,
further find beyond a reasonable doubt
the defendant Daniel A. Groves guilty
of count two of the indictment, murder.
‐ Although Daniel Groves
is found not guilty of the top charge,
aggravated murder,
he is convicted of the ten other felony charges.
On the day that would have been baby Dylan's first birthday,
his father, Daniel Groves,
is sentenced to 47 years in prison.
While their strategy wasn't successful,
it wasn't entirely a failure either.
Unlike Jessica Groves,
Daniel Groves was not sentenced to life in prison,
perhaps because the jury was able to separate his actions
from the more intentional acts of his wife.
He'll be eligible for parole in 2067,
when he'll be 88 years old.
‐ At this time, I am gonna remand you
to the custody of the Sheriff
for transport to Ohio Department of Corrections.
‐ I am speaking for Dylan.
"My life was cut too short.
"But my life will have a huge impact.
"My foster mommy will make sure
I help save or protect others."
♪ ♪
‐ Defendants are never forced to take the stand,
but that decision is likely the biggest one they ever make.
For "Under Oath," I'm Dan Abrams.