1 00:00:02,420 --> 00:00:05,715 [dramatic music] 2 00:00:05,799 --> 00:00:08,677 ‐ It is incredibly rare for criminal defendants 3 00:00:08,760 --> 00:00:10,136 to take the stand. 4 00:00:10,220 --> 00:00:11,513 It's a risk very few take. 5 00:00:11,596 --> 00:00:15,016 At stake, one's freedom, or even their life. 6 00:00:15,141 --> 00:00:17,310 This is Jessica and Daniel Groves, 7 00:00:17,394 --> 00:00:19,062 a couple from Portsmouth, Ohio, 8 00:00:19,187 --> 00:00:21,314 charged with the murder of their infant son. 9 00:00:21,398 --> 00:00:24,359 ‐ 12 zip ties, 8 wire ties, 18 rocks. 10 00:00:24,442 --> 00:00:26,861 ‐ They have both decided to take that gamble. 11 00:00:26,903 --> 00:00:29,739 Will it help them convince the jury they're not guilty? 12 00:00:29,823 --> 00:00:32,993 ‐ Did you in any way cause the death of Dylan? 13 00:00:33,076 --> 00:00:34,327 ‐ Absolutely not. 14 00:00:34,411 --> 00:00:35,912 ‐ Or will it come back to haunt them? 15 00:00:35,996 --> 00:00:39,082 ‐ You have devoured my family. 16 00:00:39,207 --> 00:00:43,628 ‐ Take a courtside seat with the prosecutor, 17 00:00:43,712 --> 00:00:45,922 the lead detective, 18 00:00:46,006 --> 00:00:48,800 the reporter who covered the trial, 19 00:00:48,883 --> 00:00:50,969 and the victim's foster mother. 20 00:00:51,052 --> 00:00:53,805 I'm Dan Abrams, and this is "Under Oath." 21 00:00:53,888 --> 00:00:56,182 ‐ Raise your right hand. ‐ Do you solemnly swear... 22 00:00:56,308 --> 00:00:58,685 ‐ I'm being honest with everything I've said here. 23 00:00:58,768 --> 00:01:00,186 ‐ Do solemnly swear... 24 00:01:00,270 --> 00:01:01,563 ‐ ...the whole truth and nothing but the truth. 25 00:01:01,688 --> 00:01:02,981 ‐ I would like to testify. 26 00:01:03,064 --> 00:01:04,524 ‐ The testimony you are about to give‐‐ 27 00:01:04,608 --> 00:01:06,109 the whole truth and nothing but the truth. 28 00:01:06,192 --> 00:01:08,820 ‐ So help me God. 29 00:01:08,903 --> 00:01:12,240 ♪ ♪ 30 00:01:12,365 --> 00:01:16,036 ‐ Do you understand that whether you testify 31 00:01:16,119 --> 00:01:19,873 or you don't testify is solely your decision? 32 00:01:19,998 --> 00:01:21,625 ‐ Yes, I do. ‐ All right. 33 00:01:21,750 --> 00:01:22,876 ‐ Thank you, Your Honor. 34 00:01:22,959 --> 00:01:24,169 Ladies and gentlemen of the jury, 35 00:01:24,252 --> 00:01:26,963 the defendants, Daniel and Jessica Groves, 36 00:01:27,047 --> 00:01:29,424 are charged with 11 felony charges. 37 00:01:29,507 --> 00:01:30,717 ♪ ♪ 38 00:01:30,842 --> 00:01:33,136 ‐ Jessica and Daniel Groves are standing trial 39 00:01:33,219 --> 00:01:35,680 for the unthinkable act of infanticide‐‐ 40 00:01:35,805 --> 00:01:38,600 the murder of their baby boy, Dylan Groves. 41 00:01:38,725 --> 00:01:41,019 They've already lost custody of their eldest son. 42 00:01:41,102 --> 00:01:43,021 They may now lose their freedom. 43 00:01:43,146 --> 00:01:45,148 The state's charged them with aggravated murder, 44 00:01:45,231 --> 00:01:46,566 which means the prosecutor 45 00:01:46,650 --> 00:01:48,401 believes Dylan's death was no accident, 46 00:01:48,526 --> 00:01:50,779 that the Groves intentionally killed their baby. 47 00:01:50,862 --> 00:01:54,407 If convicted, they face life in prison without parole. 48 00:01:54,532 --> 00:01:57,702 While defendants seldomly take the stand, in this case, 49 00:01:57,786 --> 00:02:01,039 both Jessica and Daniel Groves have decided to testify. 50 00:02:01,122 --> 00:02:04,042 Their goal is to explain in their own words 51 00:02:04,125 --> 00:02:06,961 how and why this horrific act happened, 52 00:02:07,045 --> 00:02:10,548 in the hope that at least one of them is found not guilty. 53 00:02:10,674 --> 00:02:13,301 ‐ The parents of a six‐month‐old boy 54 00:02:13,385 --> 00:02:15,720 who was found dead last week in a well 55 00:02:15,845 --> 00:02:17,847 pleaded not guilty today to all charges, 56 00:02:17,931 --> 00:02:19,474 including aggravated murder. 57 00:02:19,557 --> 00:02:22,018 ‐ Jessica and Daniel Groves are being represented 58 00:02:22,102 --> 00:02:23,853 separately but being tried together. 59 00:02:23,937 --> 00:02:27,649 This seemed like their only way of defending themselves, 60 00:02:27,732 --> 00:02:30,902 potentially save a lengthy conviction. 61 00:02:30,985 --> 00:02:33,530 ♪ ♪ 62 00:02:33,613 --> 00:02:36,074 ‐ Is the defendant Jessica Groves 63 00:02:36,199 --> 00:02:38,368 prepared to offer their case? 64 00:02:38,410 --> 00:02:39,577 ‐ Yes, Your Honor. 65 00:02:39,703 --> 00:02:41,913 ‐ She was to ensure that Daniel 66 00:02:41,996 --> 00:02:43,581 wasn't held responsible for this, 67 00:02:43,665 --> 00:02:46,876 but also to appear to be cooperative 68 00:02:46,960 --> 00:02:48,878 in front of the jury and in front of the judge, 69 00:02:49,003 --> 00:02:51,840 so maybe the judge would consider a lesser sentence. 70 00:02:51,965 --> 00:02:54,259 ‐ The Groves and their defense teams believe 71 00:02:54,384 --> 00:02:56,636 Daniel has a better chance of being acquitted. 72 00:02:56,720 --> 00:02:58,555 Their challenge is to convince the jury 73 00:02:58,680 --> 00:03:00,807 that he was just an innocent bystander, 74 00:03:00,890 --> 00:03:03,518 unaware of the extent of his wife's drug addiction 75 00:03:03,560 --> 00:03:07,355 and the harm she inadvertently caused their infant son. 76 00:03:07,480 --> 00:03:09,107 If he's found not guilty, 77 00:03:09,232 --> 00:03:12,026 he can potentially reunite with his eldest son. 78 00:03:12,152 --> 00:03:13,361 ♪ ♪ 79 00:03:13,445 --> 00:03:17,115 ‐ Our community has been and still is ground zero 80 00:03:17,198 --> 00:03:19,033 for this terrible drug problem. 81 00:03:19,075 --> 00:03:24,956 My client, Jessica Groves, was and still is a drug addict. 82 00:03:25,081 --> 00:03:27,292 There is no doubt about that fact. 83 00:03:27,417 --> 00:03:31,421 She and she alone caused the injuries to Dylan Groves 84 00:03:31,546 --> 00:03:33,006 which led to his death. 85 00:03:33,047 --> 00:03:36,259 She murdered Dylan Groves. 86 00:03:36,384 --> 00:03:40,221 She will testify that the murdered Dylan Groves. 87 00:03:40,305 --> 00:03:42,182 Daniel Groves had nothing to do with the death 88 00:03:42,265 --> 00:03:46,019 of Dylan Groves and did not cause these injuries. 89 00:03:46,144 --> 00:03:47,771 ‐ I think Jessica went into this trial 90 00:03:47,854 --> 00:03:50,690 knowing that she was likely going to be convicted, 91 00:03:50,732 --> 00:03:53,276 which is why, between her defense team, 92 00:03:53,401 --> 00:03:55,987 they decided that she would take the stand 93 00:03:56,070 --> 00:03:58,072 and try to help Daniel's case. 94 00:03:58,198 --> 00:04:00,283 ♪ ♪ 95 00:04:00,366 --> 00:04:02,285 ‐ Do you solemnly swear the testimony you are 96 00:04:02,410 --> 00:04:04,162 about to give will be the truth, the whole truth, 97 00:04:04,245 --> 00:04:07,540 and nothing but the truth, so help you God? 98 00:04:07,665 --> 00:04:09,667 ‐ I think everyone was surprised to learn 99 00:04:09,751 --> 00:04:11,294 that they would take the witness stand, 100 00:04:11,377 --> 00:04:13,254 especially when Jessica's defense attorney 101 00:04:13,338 --> 00:04:15,215 said that she was going to take responsibility 102 00:04:15,340 --> 00:04:17,008 for her actions. 103 00:04:17,050 --> 00:04:20,512 ‐ Jessica, did you, and you only, 104 00:04:20,595 --> 00:04:23,973 cause the death of your son, Dylan Groves? 105 00:04:24,057 --> 00:04:25,642 ‐ Yes. 106 00:04:25,725 --> 00:04:31,022 ‐ Did Daniel Groves participate in the killing of Dylan? 107 00:04:31,064 --> 00:04:32,273 ‐ No. 108 00:04:32,398 --> 00:04:33,691 ‐ Was Daniel Groves aware 109 00:04:33,775 --> 00:04:36,152 of any of the injuries that you caused Dylan 110 00:04:36,236 --> 00:04:38,112 that may have led to his death? 111 00:04:38,238 --> 00:04:39,906 ‐ No. 112 00:04:40,031 --> 00:04:42,867 ‐ Did you hide all the injuries 113 00:04:42,951 --> 00:04:45,870 that you caused Dylan from your husband? 114 00:04:45,954 --> 00:04:47,455 ‐ Yes. 115 00:04:47,539 --> 00:04:49,541 ‐ The coroner who performed the autopsy 116 00:04:49,624 --> 00:04:51,376 on the infant determined the injuries, 117 00:04:51,459 --> 00:04:54,087 including rib, leg, arm, and skull fractures, 118 00:04:54,212 --> 00:04:56,089 were in different stages of healing, 119 00:04:56,214 --> 00:04:57,590 and in her opinion that meant 120 00:04:57,715 --> 00:04:59,551 the injuries were caused on different dates 121 00:04:59,676 --> 00:05:02,136 involving at least three violent incidents. 122 00:05:02,220 --> 00:05:05,223 Although she couldn't determine the exact cause of death, 123 00:05:05,348 --> 00:05:07,392 the coroner believed the manner of death 124 00:05:07,517 --> 00:05:09,435 was "homicidal violence." 125 00:05:09,561 --> 00:05:12,355 So this was not an accidental death. 126 00:05:12,438 --> 00:05:14,440 Could Jessica Groves explain to the jury 127 00:05:14,566 --> 00:05:16,526 why the baby had so many injuries? 128 00:05:16,651 --> 00:05:19,070 And even more important, could they understand 129 00:05:19,195 --> 00:05:20,405 why she and her husband 130 00:05:20,530 --> 00:05:22,782 decided to dispose of his body in a well? 131 00:05:22,907 --> 00:05:28,037 ‐ Because baby Dylan was so carelessly put into plastic 132 00:05:28,121 --> 00:05:29,539 and then placed into a crate 133 00:05:29,664 --> 00:05:31,958 and then dropped many feet down a well, 134 00:05:32,083 --> 00:05:34,460 it was really hard for people to understand 135 00:05:34,544 --> 00:05:37,505 why and how someone could do that to someone they loved. 136 00:05:37,547 --> 00:05:40,049 ‐ I was there for the recovery of Dylan's body. 137 00:05:40,133 --> 00:05:42,510 I cannot even put it into words what I seen 138 00:05:42,594 --> 00:05:44,512 when he was lifted out of the well. 139 00:05:44,637 --> 00:05:46,014 ‐ Daniel's argument about the way 140 00:05:46,097 --> 00:05:47,515 they disposed of baby Dylan 141 00:05:47,640 --> 00:05:50,310 was that they wanted to come back later and‐‐ 142 00:05:50,393 --> 00:05:52,228 when they had more time‐‐ 143 00:05:52,353 --> 00:05:55,398 and they wanted to give him a better burial. 144 00:05:55,523 --> 00:05:58,818 ‐ Where did you take Dylan after he died? 145 00:05:58,902 --> 00:06:01,696 ‐ To the well. 146 00:06:01,821 --> 00:06:05,033 ‐ Did you murder Dylan Groves? 147 00:06:05,158 --> 00:06:08,328 ‐ [sobbing] It was an accident. 148 00:06:08,411 --> 00:06:11,497 ‐ She decided to claim it was an accident. 149 00:06:15,001 --> 00:06:18,671 ‐ An accident allowed us, as the prosecution, 150 00:06:18,713 --> 00:06:22,175 to point out all the things that indicated 151 00:06:22,258 --> 00:06:23,676 that it wasn't an accident. 152 00:06:23,760 --> 00:06:25,553 My co‐counsel and I just looked at each other 153 00:06:25,678 --> 00:06:27,013 and said, "Game on." 154 00:06:31,684 --> 00:06:33,811 ‐ By saying the death of her son was an accident, 155 00:06:33,895 --> 00:06:36,189 Jessica Groves is giving the prosecution 156 00:06:36,230 --> 00:06:37,690 a new line of questioning. 157 00:06:37,774 --> 00:06:39,859 She will now be challenged on every act she testified 158 00:06:39,943 --> 00:06:42,403 was "accidental", not intentional. 159 00:06:42,528 --> 00:06:43,696 This kind of surgical cross‐examination 160 00:06:43,780 --> 00:06:45,323 is the most difficult part 161 00:06:45,406 --> 00:06:46,950 for a defendant taking the stand. 162 00:06:47,075 --> 00:06:50,620 It is the main reason why defendants rarely testify. 163 00:06:50,703 --> 00:06:52,538 Stakes are always incredibly high, 164 00:06:52,622 --> 00:06:54,248 making for a very tense courtroom, 165 00:06:54,374 --> 00:06:58,294 as both Jessica Groves and her husband face life behind bars. 166 00:06:58,378 --> 00:07:00,588 ♪ ♪ 167 00:07:00,672 --> 00:07:03,383 ‐ Does the state wish to cross‐examine the witness? 168 00:07:04,717 --> 00:07:07,929 ‐ An accident allowed us, as the prosecution, 169 00:07:08,054 --> 00:07:11,808 to point out the scientific evidence, the hard evidence. 170 00:07:11,891 --> 00:07:14,018 ♪ ♪ 171 00:07:14,060 --> 00:07:16,854 ‐ Tell the jury how you killed this baby. 172 00:07:16,980 --> 00:07:20,066 ‐ Nothing that I ever did was intentional. 173 00:07:20,191 --> 00:07:21,609 ‐ I'm not asking for your excuse. 174 00:07:21,734 --> 00:07:25,279 How did you cause that complete upper arm fracture? 175 00:07:25,405 --> 00:07:26,739 Tell the jury. 176 00:07:26,864 --> 00:07:28,908 ‐ I have to live with this for the rest of my life. 177 00:07:28,992 --> 00:07:31,202 ‐ Answer the question. How did you cause that‐‐ 178 00:07:31,285 --> 00:07:34,288 ‐ You have devoured my family. 179 00:07:34,414 --> 00:07:36,624 ‐ Ms. Groves, 180 00:07:36,749 --> 00:07:39,961 you answer the questions that are asked of you. 181 00:07:40,044 --> 00:07:43,631 ‐ I've admitted to my guilt. ‐ How did you cause‐‐ 182 00:07:43,715 --> 00:07:45,717 ‐ And I have to live without my children. 183 00:07:45,842 --> 00:07:47,510 ‐ Tell the jury how you caused that injury. 184 00:07:47,593 --> 00:07:48,970 ‐ I'm done talking to you! 185 00:07:49,053 --> 00:07:50,346 ‐ You are talking to me, 186 00:07:50,430 --> 00:07:51,889 'cause you're sitting on the witness stand! 187 00:07:51,973 --> 00:07:54,809 ‐ It was such an uncomfortable experience. 188 00:07:54,892 --> 00:07:57,937 I mean, screaming from both parties. 189 00:07:58,062 --> 00:08:00,857 It was tense. It was very tense. 190 00:08:00,940 --> 00:08:03,026 ‐ Judge, I ask you to instruct the witness 191 00:08:03,067 --> 00:08:04,193 to answer the question. 192 00:08:04,277 --> 00:08:07,071 ‐ Ms. Groves, you have to answer the questions 193 00:08:07,196 --> 00:08:08,489 on cross‐examination. 194 00:08:08,573 --> 00:08:11,659 ‐ [sobbing] 195 00:08:11,743 --> 00:08:13,202 ‐ Counsel, approach. 196 00:08:13,286 --> 00:08:16,706 ‐ She didn't want to give Ms. Hutchinson the satisfaction 197 00:08:16,789 --> 00:08:19,208 of telling her exactly what happened. 198 00:08:19,333 --> 00:08:21,878 ‐ Try and rephrase your questions. 199 00:08:22,003 --> 00:08:24,380 ‐ How did you cause those injuries? 200 00:08:24,464 --> 00:08:26,007 ‐ I don't remember. 201 00:08:26,132 --> 00:08:29,177 ‐ Then how do you remember it was an accident? 202 00:08:29,260 --> 00:08:33,347 ‐ Because I would never hurt my children intentionally. 203 00:08:33,473 --> 00:08:34,849 ♪ ♪ 204 00:08:34,932 --> 00:08:38,644 ‐ Look at this photograph, Jessica Groves. 205 00:08:38,728 --> 00:08:41,647 How do you not remember that? 206 00:08:41,731 --> 00:08:43,649 Tell a jury how it's possible 207 00:08:43,733 --> 00:08:46,819 that you would not remember doing that. 208 00:08:46,903 --> 00:08:49,864 ‐ Because my mind wasn't clear. 209 00:08:49,947 --> 00:08:51,199 ‐ Why? 210 00:08:51,282 --> 00:08:53,159 ‐ Because of drugs. 211 00:08:53,242 --> 00:08:54,535 ♪ ♪ 212 00:08:54,619 --> 00:08:56,829 ‐ Portsmouth, Ohio, is inside a county 213 00:08:56,913 --> 00:09:00,041 which is on the banks of the Ohio River. 214 00:09:00,124 --> 00:09:01,918 ♪ ♪ 215 00:09:02,043 --> 00:09:04,003 ‐ They do have a long, sordid history 216 00:09:04,087 --> 00:09:05,838 with the opioid crisis. 217 00:09:05,922 --> 00:09:09,592 ‐ The drug problem here in Scioto County is tremendous, 218 00:09:09,675 --> 00:09:11,677 just as it is in a lot of cities, 219 00:09:11,803 --> 00:09:13,429 and I feel like it's impacted 220 00:09:13,513 --> 00:09:15,348 almost every family in some way. 221 00:09:15,431 --> 00:09:17,850 ‐ The Groves case was, frankly, 222 00:09:17,934 --> 00:09:19,852 our worst fears come true. 223 00:09:19,936 --> 00:09:23,106 The tidal wave that somebody's addiction could have 224 00:09:23,231 --> 00:09:26,025 on their family, their neighbors, the community. 225 00:09:26,109 --> 00:09:28,611 ‐ The night Jessica gave birth to baby Dylan, 226 00:09:28,736 --> 00:09:32,698 she had tested positive for drugs in her system. 227 00:09:32,824 --> 00:09:36,035 And so that immediately sparks a case now 228 00:09:36,160 --> 00:09:38,830 for Child Protective Services to get involved. 229 00:09:38,913 --> 00:09:40,623 ‐ Scioto County Children Services 230 00:09:40,706 --> 00:09:42,917 awarded emergency custody of baby Dylan. 231 00:09:43,042 --> 00:09:46,838 ‐ They asked if I would be willing to go pick up 232 00:09:46,921 --> 00:09:49,132 baby Dylan at the hospital, 233 00:09:49,215 --> 00:09:52,969 and they were needing a foster home for him. 234 00:09:53,052 --> 00:09:56,013 ‐ During the time that the foster mother, Andrea Bowling, 235 00:09:56,139 --> 00:09:57,306 had baby Dylan, 236 00:09:57,390 --> 00:09:59,851 he was free from injury and progressing well. 237 00:09:59,934 --> 00:10:02,687 ‐ Andrea is an angel sent from heaven, basically, 238 00:10:02,812 --> 00:10:04,438 for baby Dylan. 239 00:10:04,564 --> 00:10:06,691 ‐ Dylan, hey. 240 00:10:06,774 --> 00:10:09,485 ‐ The little time that she had him, 241 00:10:09,569 --> 00:10:11,529 baby Dylan knew he was loved. 242 00:10:11,571 --> 00:10:13,114 ‐ He loved being held. 243 00:10:13,239 --> 00:10:15,366 He was happiest when he was being held. 244 00:10:15,491 --> 00:10:18,077 ‐ Baby Dylan lived with Andrea until January 28, 245 00:10:18,161 --> 00:10:21,455 when Children Services decided to place the baby 246 00:10:21,581 --> 00:10:23,040 back with Daniel Groves. 247 00:10:23,166 --> 00:10:27,003 ‐ Unfortunately, the Groves were able to convince 248 00:10:27,086 --> 00:10:28,880 Children's Services that dad would be 249 00:10:29,005 --> 00:10:31,549 an appropriate placement for the child, 250 00:10:31,674 --> 00:10:34,510 and Dylan was returned to the father. 251 00:10:34,594 --> 00:10:37,722 ‐ It was 12 days that I had baby Dylan. 252 00:10:37,847 --> 00:10:40,516 Hearing that he's gonna be reunited, 253 00:10:40,600 --> 00:10:42,185 you know, I was very upset. 254 00:10:42,268 --> 00:10:44,729 ‐ But then the father started missing court dates 255 00:10:44,854 --> 00:10:46,814 and doctor visits for his son, 256 00:10:46,898 --> 00:10:48,524 and investigators say they made 257 00:10:48,649 --> 00:10:49,942 several unsuccessful attempts 258 00:10:50,067 --> 00:10:51,944 to locate the child and his parents. 259 00:10:52,028 --> 00:10:54,405 ‐ After several months without contact, 260 00:10:54,488 --> 00:10:56,073 Children's Protective Services 261 00:10:56,199 --> 00:10:58,451 filed a missing persons report on baby Dylan. 262 00:10:58,576 --> 00:11:01,370 ‐ They got a search warrant Monday and raided the home. 263 00:11:01,454 --> 00:11:04,749 The mother, Jessica Groves, was removed without incident. 264 00:11:04,874 --> 00:11:06,500 ‐ The parents are in jail, 265 00:11:06,584 --> 00:11:09,837 but questions about the status of the baby remain unanswered. 266 00:11:09,921 --> 00:11:13,799 ‐ We instantly started working on locating baby Dylan. 267 00:11:13,883 --> 00:11:16,844 During this, we were able to learn 268 00:11:16,928 --> 00:11:18,971 that baby Dylan had died, 269 00:11:19,055 --> 00:11:20,848 and throughout the investigation, 270 00:11:20,932 --> 00:11:23,392 was later to recover his body from a well. 271 00:11:23,517 --> 00:11:24,852 ♪ ♪ 272 00:11:24,936 --> 00:11:27,939 Daniel Groves was awarded custody, and he had one job, 273 00:11:28,064 --> 00:11:30,441 and that was to keep the child safe. 274 00:11:30,524 --> 00:11:32,735 ‐ Did you ever see or suspect 275 00:11:32,818 --> 00:11:35,821 that Jessica was causing the injuries to Dylan? 276 00:11:35,905 --> 00:11:37,573 ‐ Absolutely not. 277 00:11:37,698 --> 00:11:40,326 ‐ How could you not have known? 278 00:11:40,409 --> 00:11:41,702 ♪ ♪ 279 00:11:46,207 --> 00:11:49,335 ‐ Believe me, I have asked myself that every day, 280 00:11:49,418 --> 00:11:51,003 a million times since. 281 00:11:51,087 --> 00:11:53,756 I knew about babies being born addicted to drugs, 282 00:11:53,839 --> 00:11:55,424 and I done read‐‐ researched and read on it 283 00:11:55,549 --> 00:11:58,010 that said that newborns, sometimes up to six months, 284 00:11:58,094 --> 00:11:59,553 would do excessive crying be more irritable, 285 00:11:59,679 --> 00:12:00,763 and stuff of that nature. 286 00:12:00,888 --> 00:12:03,849 So I just took it as that was what it was. 287 00:12:03,933 --> 00:12:07,812 ‐ Did you have any other responsibilities in this case? 288 00:12:07,895 --> 00:12:10,314 ‐ Other than helping her take him to the well, 289 00:12:10,398 --> 00:12:12,066 I had no other part in it. 290 00:12:12,191 --> 00:12:13,317 ♪ ♪ 291 00:12:13,401 --> 00:12:15,569 ‐ Who did you interview first? ‐ Jessica. 292 00:12:15,653 --> 00:12:18,864 ‐ Okay, if you would, describe to the members of the jury 293 00:12:18,948 --> 00:12:20,700 what her demeanor and appearance is, 294 00:12:20,825 --> 00:12:23,452 as you see her there at the Sheriff's Office. 295 00:12:23,577 --> 00:12:26,080 ‐ Very standoffish. Cold. 296 00:12:26,163 --> 00:12:27,915 Didn't really want to talk to me. 297 00:12:28,040 --> 00:12:31,711 ‐ So at some point, they do bring Daniel Groves to you. 298 00:12:31,836 --> 00:12:33,170 ‐ That is correct. ‐ Okay. 299 00:12:33,296 --> 00:12:36,465 Well, you know your son was sent up for an autopsy. 300 00:12:36,549 --> 00:12:37,925 Okay? 301 00:12:38,009 --> 00:12:40,261 He's got multiple injuries that happened before death. 302 00:12:40,386 --> 00:12:41,887 ‐ I did not know there was anything‐‐if I‐‐ 303 00:12:42,013 --> 00:12:43,472 Jodi, if I would have knew that he had 304 00:12:43,556 --> 00:12:44,682 one broken bone in his body, 305 00:12:44,807 --> 00:12:46,183 he would have been to the hospital, 306 00:12:46,309 --> 00:12:47,310 I swear he would. 307 00:12:47,393 --> 00:12:50,354 ‐ Was there a time during that first interview 308 00:12:50,396 --> 00:12:53,691 when he admitted to you that baby Dylan was dead? 309 00:12:53,774 --> 00:12:55,067 ‐ Yes, there was. ‐ Okay. 310 00:12:55,151 --> 00:12:56,944 What did he tell you happened? 311 00:12:57,069 --> 00:13:01,157 ‐ He initially told me that he found him in the crib. 312 00:13:01,240 --> 00:13:03,159 Just found him in there, deceased. 313 00:13:03,242 --> 00:13:04,035 ♪ ♪ 314 00:13:04,118 --> 00:13:05,786 At one point, Daniel asked me 315 00:13:05,870 --> 00:13:07,830 if he could speak to Jessica, 316 00:13:07,913 --> 00:13:10,541 and I said, "Well, if she's willing, that's fine." 317 00:13:10,666 --> 00:13:12,043 And of course she wanted to speak to him, 318 00:13:12,126 --> 00:13:14,128 and they were placed in the room together. 319 00:13:20,885 --> 00:13:22,345 ‐ So when I heard that conversation, 320 00:13:22,428 --> 00:13:26,432 I knew that baby Dylan for sure was not with us. 321 00:13:26,557 --> 00:13:30,936 ‐ Detective Conkel was angry about his lying to her. 322 00:13:31,062 --> 00:13:33,731 ‐ Why would you lie? Why would you want to hide? 323 00:13:33,856 --> 00:13:35,191 ‐ [indistinct] it's not a lie. 324 00:13:35,274 --> 00:13:37,860 ‐ Okay here, I'm just gonna be straight up with you. 325 00:13:37,943 --> 00:13:39,695 There's amplifiers in this room. 326 00:13:39,820 --> 00:13:40,946 I heard the whole, entire conversation, 327 00:13:41,072 --> 00:13:42,531 everything you said. 328 00:13:42,615 --> 00:13:45,159 ‐ She was adamant with him, and she kept hammering. 329 00:13:45,242 --> 00:13:48,746 I think that was the turning point in getting him to open up 330 00:13:48,829 --> 00:13:51,374 as to where they had placed baby Dylan's body. 331 00:13:51,499 --> 00:13:53,376 ‐ The Scioto County Sheriff's Department confirms 332 00:13:53,501 --> 00:13:56,128 that missing six‐month‐old baby Dylan Groves 333 00:13:56,212 --> 00:13:58,339 was found dead tonight in a well. 334 00:13:58,464 --> 00:14:01,801 ‐ The location of that body, down a 30‐foot well, 335 00:14:01,884 --> 00:14:03,260 full of water‐‐ 336 00:14:03,386 --> 00:14:06,097 no cadaver dog in the world could found that. 337 00:14:06,222 --> 00:14:09,350 ‐ They, for three hours, fished around in this water, 338 00:14:09,433 --> 00:14:13,187 before they finally hooked what they thought might be 339 00:14:13,270 --> 00:14:15,898 the container that contained Dylan's body. 340 00:14:15,981 --> 00:14:18,567 Evidence will show that the container consisted 341 00:14:18,692 --> 00:14:20,736 of two plastic milk crates, 342 00:14:20,861 --> 00:14:24,573 chained together, zip‐tied and wire‐tied. 343 00:14:24,657 --> 00:14:26,575 ‐ The evening we pulled baby Dylan from the well, 344 00:14:26,659 --> 00:14:29,995 it was like a relief, but it was sadness. 345 00:14:30,079 --> 00:14:31,539 It was hard to see. 346 00:14:31,622 --> 00:14:34,458 And still today, I can still picture it in my head. 347 00:14:34,542 --> 00:14:37,878 ‐ Mr. Groves, you want this jury to believe 348 00:14:38,003 --> 00:14:40,506 you thought the baby just died. 349 00:14:40,631 --> 00:14:43,592 ‐ Yes. I thought he did just die. 350 00:14:43,717 --> 00:14:46,178 ‐ You promised to protect this baby, 351 00:14:46,303 --> 00:14:48,472 that you would be the father. 352 00:14:48,556 --> 00:14:49,765 ‐ Yes. 353 00:14:49,890 --> 00:14:53,102 ‐ And when this baby was shaken by your wife, 354 00:14:53,227 --> 00:14:54,854 did you call Children's Services? 355 00:14:54,937 --> 00:14:57,022 ‐ No, I did not. ‐ Did you call 911? 356 00:14:57,148 --> 00:14:59,692 ‐ No, I did not. ‐ Did you call Andrea Bowling? 357 00:14:59,817 --> 00:15:03,070 ‐ No, I did not. ‐ You failed to act. 358 00:15:03,195 --> 00:15:05,823 We were able to establish in Daniel Groves' 359 00:15:05,906 --> 00:15:09,076 cross‐examination that he, at the very least, 360 00:15:09,160 --> 00:15:13,205 was complicit in his inaction in the death of his son. 361 00:15:13,330 --> 00:15:16,208 So we wanted to paint for the jury that the monster, 362 00:15:16,333 --> 00:15:18,002 the killer of this child‐‐ 363 00:15:18,043 --> 00:15:20,337 the door was opened for that killer by the person 364 00:15:20,421 --> 00:15:22,423 that was supposed to be protecting the child the most. 365 00:15:26,760 --> 00:15:28,679 ‐ Jessica and Daniel Groves 366 00:15:28,762 --> 00:15:30,848 have testified and tried to explain their actions. 367 00:15:30,973 --> 00:15:32,516 They're charged with 11 felonies, 368 00:15:32,558 --> 00:15:34,518 including the aggravated murder of their infant son, 369 00:15:34,602 --> 00:15:36,061 Dylan Groves. 370 00:15:36,187 --> 00:15:37,855 Now the prosecution and the defense 371 00:15:37,897 --> 00:15:39,356 make their final arguments to the jurors. 372 00:15:39,440 --> 00:15:41,275 For the Groves, life in prison 373 00:15:41,400 --> 00:15:42,735 without the possibility of parole hangs in the balance. 374 00:15:42,860 --> 00:15:44,111 ♪ ♪ 375 00:15:44,195 --> 00:15:45,863 ‐ You were told, at the beginning of this, 376 00:15:45,988 --> 00:15:50,034 Jessica Groves is gonna take responsibility. 377 00:15:50,159 --> 00:15:52,953 Did she take responsibility in here this morning 378 00:15:53,078 --> 00:15:55,539 when she spoke to you? 379 00:15:57,249 --> 00:15:59,335 She can't remember what happened, 380 00:15:59,418 --> 00:16:02,254 but she does remember it was an accident. 381 00:16:02,338 --> 00:16:07,176 You were told that Daniel Groves panicked 382 00:16:07,259 --> 00:16:10,471 and dumped baby Dylan in a 30‐foot well. 383 00:16:11,722 --> 00:16:13,933 Does this looks like panic to you? 384 00:16:14,058 --> 00:16:16,644 Does it? 385 00:16:16,727 --> 00:16:19,522 A chain, three padlocks, 386 00:16:19,647 --> 00:16:22,191 12 zip ties, eight wire ties, 387 00:16:22,316 --> 00:16:27,196 18 rocks, six layers of plastic and duct tape? 388 00:16:27,279 --> 00:16:32,076 Does this look like panic? 389 00:16:32,201 --> 00:16:36,664 I submit to you it looks like extreme planning. 390 00:16:36,747 --> 00:16:40,584 ‐ There's power in images, and that's why she picked it up 391 00:16:40,709 --> 00:16:43,671 and carried it and waived it in front of their face. 392 00:16:43,754 --> 00:16:46,549 She wanted that to be the last thing that they remembered 393 00:16:46,674 --> 00:16:48,968 before they go back and deliberate. 394 00:16:49,051 --> 00:16:51,345 ‐ She could have pled out to this indictment. 395 00:16:51,428 --> 00:16:53,639 She could have got rid of this case right off the bat. 396 00:16:53,722 --> 00:16:55,516 But she didn't. 397 00:16:55,599 --> 00:16:58,978 When I asked her, "Did you murder your son?" 398 00:16:59,061 --> 00:17:00,396 She said yes. 399 00:17:00,521 --> 00:17:03,107 She said she put him in this coffin. 400 00:17:03,232 --> 00:17:07,861 All that was not to save herself. 401 00:17:07,945 --> 00:17:10,281 It's to save him. 402 00:17:10,406 --> 00:17:12,533 Because she knows the truth, and she's told it. 403 00:17:12,658 --> 00:17:16,745 I present to you that the state has not provided 404 00:17:16,829 --> 00:17:19,540 enough evidence that Daniel was guilty of the murder. 405 00:17:19,665 --> 00:17:21,959 ‐ You know, when you're waiting on the verdict, 406 00:17:22,084 --> 00:17:23,961 it's like a match where there's not a knockout. 407 00:17:24,044 --> 00:17:25,546 You've landed some good punches, 408 00:17:25,671 --> 00:17:26,672 but did the jury see it? 409 00:17:26,755 --> 00:17:28,424 It's time for you to deliberate. 410 00:17:28,549 --> 00:17:30,843 We appreciate your service. Thank you. 411 00:17:30,884 --> 00:17:32,803 ♪ ♪ 412 00:17:32,886 --> 00:17:34,597 ‐ As to the case of State of Ohio 413 00:17:34,722 --> 00:17:36,181 versus Jessica Groves... 414 00:17:36,265 --> 00:17:37,850 ‐ And how we typically draft our indictments 415 00:17:37,975 --> 00:17:39,226 is count one is the big one. 416 00:17:39,351 --> 00:17:41,979 And so when you get to that point, 417 00:17:42,062 --> 00:17:43,522 you couldn't go an ounce more. 418 00:17:43,606 --> 00:17:46,191 You want to finish the case knowing that the next day, 419 00:17:46,317 --> 00:17:48,235 whatever happens, you gave it your all. 420 00:17:48,319 --> 00:17:53,282 ‐ Count one of the indictment, charge aggravated murder: 421 00:17:53,407 --> 00:17:55,159 "We, the jury, having been duly empaneled, 422 00:17:55,242 --> 00:17:56,869 find, beyond a reasonable doubt, 423 00:17:56,994 --> 00:17:59,371 the defendant Jessica Groves guilty." 424 00:17:59,455 --> 00:18:06,337 ♪ ♪ 425 00:18:07,504 --> 00:18:10,341 ‐ Jessica Groves is found guilty on all 11 felony charges 426 00:18:10,466 --> 00:18:12,509 and sentenced to life without parole. 427 00:18:12,593 --> 00:18:15,346 Now, all eyes turn toward Daniel Groves. 428 00:18:15,429 --> 00:18:19,016 ‐ The case of State of Ohio versus Daniel Groves. 429 00:18:19,058 --> 00:18:21,852 ♪ ♪ 430 00:18:21,935 --> 00:18:23,687 Jury has returned their verdict. 431 00:18:23,771 --> 00:18:26,523 Jury, as to count one, aggravated murder. 432 00:18:26,607 --> 00:18:27,983 ♪ ♪ 433 00:18:28,067 --> 00:18:29,860 Jury, having been duly empaneled, 434 00:18:29,943 --> 00:18:32,029 find the defendant Daniel A. Groves 435 00:18:32,071 --> 00:18:34,031 not guilty of count one of the indictment, 436 00:18:34,156 --> 00:18:36,533 aggravated murder. 437 00:18:36,617 --> 00:18:38,535 ‐ When they read Daniel's count one 438 00:18:38,619 --> 00:18:42,039 and found him not guilty, that‐that hurt. 439 00:18:42,081 --> 00:18:43,582 That was like, "Ugh." 440 00:18:43,707 --> 00:18:46,418 ‐ As to count two, murder, the jury has found, 441 00:18:46,543 --> 00:18:48,504 we the jury, having been duly empaneled, 442 00:18:48,587 --> 00:18:50,464 further find beyond a reasonable doubt 443 00:18:50,547 --> 00:18:52,549 the defendant Daniel A. Groves guilty 444 00:18:52,675 --> 00:18:54,927 of count two of the indictment, murder. 445 00:18:55,010 --> 00:18:56,637 ‐ Although Daniel Groves 446 00:18:56,720 --> 00:18:58,764 is found not guilty of the top charge, 447 00:18:58,847 --> 00:19:00,224 aggravated murder, 448 00:19:00,349 --> 00:19:03,435 he is convicted of the ten other felony charges. 449 00:19:03,560 --> 00:19:07,189 On the day that would have been baby Dylan's first birthday, 450 00:19:07,272 --> 00:19:08,941 his father, Daniel Groves, 451 00:19:09,066 --> 00:19:11,360 is sentenced to 47 years in prison. 452 00:19:11,443 --> 00:19:14,154 While their strategy wasn't successful, 453 00:19:14,238 --> 00:19:16,240 it wasn't entirely a failure either. 454 00:19:16,365 --> 00:19:17,700 Unlike Jessica Groves, 455 00:19:17,783 --> 00:19:20,869 Daniel Groves was not sentenced to life in prison, 456 00:19:20,953 --> 00:19:23,372 perhaps because the jury was able to separate his actions 457 00:19:23,455 --> 00:19:26,041 from the more intentional acts of his wife. 458 00:19:26,125 --> 00:19:29,211 He'll be eligible for parole in 2067, 459 00:19:29,336 --> 00:19:31,338 when he'll be 88 years old. 460 00:19:31,463 --> 00:19:32,756 ‐ At this time, I am gonna remand you 461 00:19:32,881 --> 00:19:34,216 to the custody of the Sheriff 462 00:19:34,341 --> 00:19:36,343 for transport to Ohio Department of Corrections. 463 00:19:36,427 --> 00:19:38,011 ‐ I am speaking for Dylan. 464 00:19:38,095 --> 00:19:40,055 "My life was cut too short. 465 00:19:40,180 --> 00:19:43,517 "But my life will have a huge impact. 466 00:19:43,642 --> 00:19:45,644 "My foster mommy will make sure 467 00:19:45,728 --> 00:19:48,564 I help save or protect others." 468 00:19:48,689 --> 00:19:50,482 ♪ ♪ 469 00:19:50,566 --> 00:19:53,026 ‐ Defendants are never forced to take the stand, 470 00:19:53,110 --> 00:19:57,281 but that decision is likely the biggest one they ever make. 471 00:19:57,406 --> 00:19:59,742 For "Under Oath," I'm Dan Abrams.