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tv   Anthony Bourdain Parts Unknown  CNN  February 5, 2016 9:00pm-10:01pm PST

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they shot them like they were nothing and the crime is caught on tape. >> most significant piece of evidence i've ever seen in a case. >> but clear images of guilt. >> there's your guy. it's a slam dunk for the prosecution. >> only deepen the mystery. >> what they didn't have is any physical evidence. >> there's no doubt in my mind that he's innocent. >> there's a body in the water. he was butchered and murdered. >> many people proclaim their innocence. >> this man is remorseless.
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the electric chair flashed in front of my eyes. get a conviction at all costs. >> on a sunday morning in the snr of 1994 a police officer noticed smoke curling across the sky in florida. as the officer drew closer, he noticed a car engulfed in flames by the side of the road. >> there was a lot of isolated land out near the everyglades. the car was found burning. >> it had an odor of gasoline, but no sign of being in an accident. >> various forensic people began to look for evidence to see if they could identify who it
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belonged to. from there that's how the case got started. >> police discovered the car belonged to kasamere. he was better known as butch casy. he attracted hard partying locals with hours until dawn. >> he was a charming womenizer. girls loved him. >> so the police department was notified and they sought to locate him. a quick knock on the door, no response, no answer. >> the policeman left his card in the door, unaware of the scene that lay just inside.
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the same sunday that the burned car was found, police were notified by the families of two aspiring models that both women were missing. >> i remember it was june 26th. it was a sunday. my mom called and said she hadn't spoken to sharon and i thought she's 25. she liked to go out and have a good time, but i could hear my mother's voice that something was not right. >> police discovered the two women had been at there the previous night. >> they were there up until around closing time. casy being a lady's man flirted with them and invited them to come to his home.
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>> by late sunday with no sign of them the police returned to his home. >> this time the officer walked around the perimeter of the house and work his way into the backyard, looked through a sliding glass door and you could see the bodies. >> inside the home, butch, sharon and marrie had all been shot in the head at point blank range. the detective was one of the first officers at the scene. >> when i saw it, it was pretty hard to look at. it wasn't some random i'll shoot you here and there. they were all laid out in a row. >> certainly a gruesome scene, bloody, killed execution still. the home itself was ransacked and some items missing, jewelry.
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you could see that a gun was missing. >> they had cordoned off a giant area of the property. police officers, police cars, the chief was on his way. i believe there was already news there. >> around 2:30 this morning he was found murdered in his home with two other people. >> all three here at the home, the morning of june 26th, all shot execution style. >> and my mom called and she was very weird on the phone. i thought i'm really trying to keep it together. i said is she dead? i just need to know is she dead? >> to homicide detectives the murders appeared to be a robbery
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gone wrong. police found bullet casings and a bloody footprint near the bodies, but little else to go on. >> sometimes he was known to carry a lot of money as well as he was thought to have some maybe access to drugs, but the primary thought since the house was ransacked that someone was looking for something. >> as police investigated, curious neighbors gathered outside. >> some of those citizens were coming up to me and talking to me and telling me stuff. >> one neighbor named gary foy said he'd seen something suspicious the morning of the murders. >> he told me that he saw these two guys in the car. >> he thought it was odd that two young men would be driving his car. >> they took off out towards hollywood boulevard. he said one looked latin and the
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other guy wasn't latin. i'm thinking this guy is gold now. he's actually saw them. >> police were convinced if they found the men who drove that car, they had their killers. as investigators continued to co comb through the house, they discovered videotapes hidden in the bedroom. they appeared to be sex tapes filmed from a secret camera mounted above the bed. there was a bookshelf on a high shelf in the living room. >> he looked behind it and there was a camera. he discovered it was attached to a vcr. >> i was outside. they said come here, you have to see this. took the tape, popped it into the tv and it starts up and
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there he is walking around the night before getting ready to go to work. we start fast forwarding it. he goes out the door and then the sun comes up and the room gets bright and then he comes walking in with the girls. we go, we're going to watch this crime unfold on video and it did right in front of us. , woosh, i. i swear i saw it swallow seven people. seven. i just wish one of those people could have been mrs. johnson. [dog bark] trust me, we're dealing with a higher intelligence here. ♪ the all-new audi q7 is here. ♪
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detectives on the scene of a brutal triple murder in florida had made a stunning discovery. a hidden sur violence camera had caught the entire crime. >> back in 1994 not many people were hooking their houses up with video. on the video the girls are sitting at the kitchen table. they grab the bottle of wine. they're sitting there talking and after a substantial amount of time in walks the murderers. >> two men enter casey's house from the back, one brandishing a
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large semi automatic weapon. >> he knows he has a gun in the other room. one of the girls runs into the bedroom. >> ms. anderson tried to run to the other room and one of them chased her and the other one came in with the butt end of the gun and struck casey and then they just started beating on him with the gun across the face, whack. >> the other intruder who had chased ms. anderson secured her. you can see he came out of the bedroom with a gun that he didn't have before, which turns out to be casey's gun. laid her down on the floor. >> minutes pass. the criminals appear to be searching for something as casey
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and the two women huddle on the floor. >> at one point butch casey seized a moment when he thought he could overcome the intruder with the gun so he grabbed the gun and began to struggle. >> he's not in the best position to put up a fight and eventually the suspect shot him in the back to make him let go and he did. finally it came time to leave. i guess they didn't get what they wanted. now that butch was shot, they just lined them all up. boom, boom, boom. >> the second intruder uses the tech nine to finish the job. >> then the other guy comes in, puts it right to the back of the head, boom.
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goes over to the next one, boom. >> as the men prepared to leave, one of them makes a fatal mistake. >> one perpetrator removed a cover from over his head. you got a fairly and particularly clear picture of his face. the other intruder continued at all times to wear a basketball cap and sunglasses. >> from start to finish, the crime lasted 22 minutes. >> as gruesome as it was, the video was probably the most significant piece of evidence i've ever seen in a case. >> the shocking news of her sister's murder sent deborah,
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who was nine months pregnant, into labor. >> it forced my delivery. the best moment of my life completely robbed of that experience to have a baby three days after being told your sister was murdered. so the day that i came out of the hospital was the day of her funer funeral. >> the first thing that the police did with the video was to see if it could be enhanced in some way that you could get a clear video of the perpetrators. they used the fbi to find the best images of their face, put it on a still photo and they put it on flyers and passed it around to different law enforcement agencies. >> but there was little movement in the case until two weeks later. >> as a home invasion robbery in
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dade county. three men come in, tie the people up, ask for drugs, money, same type of mo. it was very violent. >> this time one of the victims managed to call the police who arrived at the crime still in progress. >> the police cor al the police and grab three of them. >> there was roberto and alex and pablo. >> they look at the three suspects and go, hey, these are the two guys. >> dade called us up and said we have somebody you should look at. i said this is great, this is the guy. >> gar foy, butch's name, positively id'd one of the
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suspects. >> he doesn't pick hernandez as one of the passengers. he does pick ibar. >> he seemed a good match and police soon got a second id from his roommate. >> are you sure right away that was pablo on that tape? >> he also claimed to recognize the other man on the video as someone named pent love. they both traveled in the same circle of friends and on the morning of the murderers he said the two grabbed a tech nine gun from the house and later returned driving a new black car. to get a second id on seth, detectives went to an ex
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girlfriend. >> they say to her who is this. >> me lisa had seen them together on the night of the murders. >> i saw them at casey's on sunday -- well, saturday night, sunday morning. i talked to them when i was on the dance floor. seth kept asking me to dance. >> you had all of these witnesses that corroborated and connected them to butch case say, the tech nine gun and his car. >> seth was a high school drop out with a previous robbery to his name soon learned he was wanted for murder. >> i actually seen all this stuff in the newspaper. they want to question me about a triple murder. they had a description of my car in there, if you know his
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whereabouts please contact us. >> seth decided to turn himself in. >> because i didn't commit this crime. what person in their right mind is going to turn himself in. >> seth claimed innocence, but when detectives asked him where he was the night of the murder, he couldn't be sure. >> you're talking 30 days later they want to speak to me. why would you remember where you were at 30 days ago. you have no reason to remember. >> police latch on to it. matches the build of the killer, they think. they realize seth has a history and he's violent and then the game's on for the police. >> seth was about to realize he looked very similar to the killer on the video and soon he would be facing the death penalty. soup and sandwich and somewhere to go, and clean and real and nowhere to be, and warmth
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>> august 1994 authorities announced they would seek the death penalty against seth penalver for triple murder. defense attorneys were appointed to represent penalver. >> the general consensus was here's a triple homicide on video. there's your guy.
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this case is closed. we're just going through the motions. >> you're left with the video looks like seth. it was an uphill battle the whole way. >> they were tried together beginning on june 23rd, 1997. prosecutors played the entire 22 minute video for the jury. >> when they finally played that video for the first time, it may have been watching the nuclear bomb go off. your guts are wreching. the courtroom was silent. there's people crying by the end of that video. >> prosecutors also produced a set of tire tracks found near butch casey's burned out car. >> it was damning evidence and it was evidence on top of everything else it probably hurt
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us. >> finally the prosecution called their witnesses against seth, including kimberly one of seth's former roommates. >> they were living together in a house and she said seth had come to the house with pablo, a black car. he came in and had blood all over his cars. he and pablo took their clothes off, washed them in the watching machine. red bubbles came out in the washing machine. >> she said she saw him changing cloth clothes, taking a shower, and driving off in the car. >> kim said there were bubbles flying out of the washing machine and crime scene investigators went to the house and they came and testified and said if the story was true what she said, it would have been there. i would have found it.
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>> after months of testimony, the case went to the jury. but after three days of deliberations, the jury was deadlocked. >> what they didn't have was they didn't have any physical evidence p. they didn't have any dna or fingerprints or the things that juries want. >> witness stories had changed since the murders. for instance pablo's roommate now said he didn't remember identifying ibar. and melissa said she was pressured into into identifying. >> they said we're going to tell you we know these are pictures of seth and pablo. we want to know which one would be which one. i was young. i was scared. i had no clue of who was in the
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picture, you know. >> i was dealing with a situation in which my witnesses are changed their testimony. clearly the motive there was protection. you're not going to convict your friend. >> with the jury unable to break their deadlock, a mistrial was declared. a second trial lasted seven months with the same testimony and the same damning video, but this time pablo and seth were tried separately. finally on november 11th, 1999 the second jury reached a verdict. >> they came back and said guilty. i just stood there. i couldn't believe it. after all that fighting, after all that time, to come to that -- to come to that conclusion was earth shattering.
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>> a hearing was held to determine seth penalver's sentence. seth's attorneys wanted to argue that his childhood should be taken into account. >> seth had a terrible childhood. his mom was a drug addict and he was raised somewhat homeless, had to rely on himself. >> he was a middle school dropout. his dad is deceased and his mom is a heroin addict. he had no siblings. >> i told my attorney, no, you're not going to get up there and argue any of this. i'm not going to beg for something i didn't do. i might have had a messed up childhood, but that doesn't mean i committed this crime. they gave me two death stenss, a
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life sentence and a 15 year sentence. they closed that door behind you and it's like this is real now. this is for real. i'm not supposed to die like this. >> seth's co-defendant pablo was also found guilty and stensed to death. >> i thought the sentence of death for both of them was fair. i've heard people say the death penalty is not a deterrent. it's not meant to be. it's called justice. >> from the time of his arrest through years of trials, one of seth's childhood friends had been following his car from afar. after seth was sentenced, she went to visit him on death row. >> most american people think that the criminal justice system works. they think when you're innocent you're going to be found not
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guilty, but that's not really how it works. >> renee worked as a paralegal and decided to take a fresh look at seth's case. >> coming into this i didn't know what to expect or what i was going to found, but i found things that had never been disclosed. all the evidence was hidden. there are so many leads that have gone unanswered. there's no doubt in my mind that he's innocent. buying smartphones for the whole family is expensive.
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after being sent to death row for triple murder, seth penalver appealed his conviction to the florida supreme court. in their appeals seth's attorneys argued that no physical evidence linked seth to the crime and all the witnessed changed their stories over time. >> the second trial, the prosecution argued i was tampering with witnesses, changed people's testimony and there wasn't a sliver of evidence. that was so damning to let a prosecutor argue that without anybody ever being charged, without no type of physical evidence, no audio, no nothing. >> a decision from the supreme court would take three years to come down, but in 2006 seth got word from his former
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co-defendant, pablo ibar, also on death word. >> he sent word. your appeal is being granted. congratulations. you got another chance at life. i was in such shock. >> the florida supreme court had granted seth a new trial. >> the appeals are about does the judge make errors. >> i was dispointed for the family that they had to go through this again. >> but for seth's lawyers who spent for time arguing seth's case than any attorney in broward county history, the prospect of a third trial was daunting. >> it was so draining, especially the third time. i'm not the young man i used to be. >> i respect what he does, but there's not enough time in the day to dedicate all his time to such a case.
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>> knowing his third trial would likely be his last chance atropa atropat. >> i found out she's a paralegal. >> this is the first time i've seen seth in 20 years and i didn't find out until later on that his mom died and his grandmother died while he was in prison. after that i started to go see him because i figured he's all alone. he's fighting for his life. i've seen the video and i never thought it was him. the guy is too big to be him. >> renee read seth's trial transcripts and decided to help. >> i get a phone call. seth wants to go through his file. will you go down and take all the boxes down and let him go through them one by one?
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>> i said sure, no problem. >> renee a single mom with two kids worked on the case for free in her spare time. >> i had to clock out at 5:30 at work and i would pick up the box and start at the first folder and go see seth on the weekends and go through the boxes with him. >> one by one i would look alt it and look at it. all through a visitation booth with a big plexi glass and the stuff that we saw, it floored me. >> we get to a box where it says that alex hernandez was a suspect. i heard there were other suspects in this case. if he's not a suspect, how is there an affidavit stating he's a suspect. seth and i sat back and said what else is it that we don't have? >> as seth's third trial loomed
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his team caught a break. seth's former co-defendant had gained access to files police deemed irrelevant to the case and never disclosed. >> he gets 50,000 pages of public records, everything we've gotten and a lot that we haven't that made all the difference in the case, i think. >> seth and i at this point start going through the documents and i found things that had never been disclosed. there are so many leads that have gone unanswered. >> some of those leads concern the man at the center of the murders, butch casey. butch's reputation of being a play boy included ties to the mob. >> you have informants saying this guy just got beat up by the mafia and put him in the back of the car. >> there have been statements given that the morning of the murders there were two latin men
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who came in the club and they said we'll see you at the house later and an hour later he's dead. now, as a detective that would be important to me. renee was also about to learn about a man janamed johnny mcgi. he said after the murders he was the one that drove the car to the everyglades and set it on fire. when i lay in my tempur-pedic contour, then i slowly feel it start to kind of wrap itself around me-
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>> just before seth's third trial in 2012, he received dozens of boxes of previously undisclosed files related to his murder case. >> seth and i go through those documents page by page. >> the documents included a lead sheet containing a confession to police by a man named johnny mcgill. >> in both the trials the state's theory is that pablo and seth drove the car, but going through the documentation we find a lead sheet. johnny mcgill walks into the broward county sheriff's office
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and said my boss ordered me to drive the car and set it on fire. you just walked in and admitted that you committed arson in a triple homicide and the sheriff's office let you walk on out. you have witnesses who all put seth and pablo in sunrise with the car. the theory was they were together, but it doesn't add up. it doesn't match. >> a few days after talking to police, johnny mcgill was murdered at a nightclub in. other documents police withheld included an inventory of security camera footage seized from butch's bar. >> butch casey had a number of cameras in his club. one of the tapes showed the bar area, and another one showed the
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entryway, so those tapes would possibly have shown if ibar came in the club, if he came in with seth or hernandez. >> they always say that me and pablo went in there night. the general manager said if you were in that club, you were on the video. >> the defense has always been told these videotapes don't exist and they don't have them and they're presumed to have burned up in the car, but we find those tapes have been sitting in the police department with no proper receipt and no chain of custody. >> they petition to see the tapes. >> we put them in the machine and they're blank. we send them down to the crime lab. they come back up and say these are blank, but they're not blank because they're new, they're blank because they've been intentionally erased.
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>> the police department took out the evidence that put anybody else as a suspect and they basically ran this case how they wanted it to be read. >> other police files pointed to pab pablo ibar's associates who were caught red handed with ibar at a robbery in dade county. one report referencesed a neighbor who saw a man in a car outside the house. >> it lists all the witnesses including mr. and mrs. brainy. they live next door to casey. at 7:00 in the morning they heard two male voices outside the window. the wife saw a white car with a male outside it. that's the first time we'd ever heard of them. >> a witness says that they see
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a white toyota outside the house with a stocky male getting into the white toyota. he owns a white toyota and is a stocky male. so if it wasn't alberto in the toyota, he's now at the scene and if he's at the scene he could be one of the unhave intruders. >> policed found evidence that seemed to link him to butch casey's house. >> the footprints at the crime scene were never tied to saeeth but that home invasion robbery that happened in dade county when he gets arrested he's wearing sneakers that matched footprints that are found at the crime scene. >> there was certainly enough evidence to portray him as a suspect, especially since he's wearing the shoes. he has a vehicle that's the same color as the vehicle seen outside the residence the
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morning of the murders. so there are so many leads that have gone unanswered. >> i remember the first time i seen some of that stuff, i cried. i cried i was so angry. how could our government hide this evidence that i'm not the man? >> after spending months working together, seth and renee's relationship grew into more than friendship. >> she always has had a fighting spirit, doesn't like to lose. after i think reading that material and seeing the injustice and seeing my innocence, that was the drive and during the time of our friendship, we began to have a bond closer than friendship. so it began to be the love, the friendship and the injustice all combined into one. >> it was just raw emotion. one of the things that i've always loved about seth is that he was so positive and one of the darkest places in the darkest time of his life he was
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always very upbeat, smiling, energetic. at some point the broward county sheriff's office finding out that him and i have a personal relationship and we had to have a hearing because they didn't want me coming in the jail and working on his case anymore. so there was a three month period where i continued to work on the case, but i wasn't actually allowed to go see seth. >> with the trial about to begin, the state stood firm vowing to reconvict seth and put him to death. want to get their hands on. if they could ever catch you. this bale of hay cannot be controlled. when a wildfire raged through elkhorn ranch, the sudden loss of pasture became a serious problem for a family business. faced with horses that needed feeding and a texas drought that sent hay prices soaring, the owners had to act fast.
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>> seth's third trial began on jew july 30th, 2012. once again he was facing the death penalty. the chief prosecutor of broward county could reassign the case, but decided to try it himself. >> it's usually best to preserve con knewty. >> after 18 years morton was face ag tougher battle. >> years later the memories chan change. the value of the case was stacked against me. >> this time seth's defense tried an unconventional strategy
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with the crime scene video. >> we approached it much differently. we embraced the video and didn't run from it. >> we decided we were going to make the video our ally. we had a giant board with a picture of the intruder and put it next to him and said it's not this guy. >> our defense was it was mistaken identity wand we argue how law enforcement tricked people. >> the defense present documents renee had uncovered showing payment to a tipster who used the last name pent love to finger seth. the policed denied payment of a reward. >> the lead detective denied it under oath twice in front of a jury and john natural when i had him on the stand i said did i ever get a reward? no, no, no.
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i called paul to the stand and i put those documents in front of him. i said did you pay a crime stoppers tip? it's your handwriting and your notes and he said yeah. so when that testimony finished, what the jury realized is that paul and john were prepared to swear under oath to something that they were lying about in order to have seth penalver convicted. >> in the end the defense argued the policed fix ated on seth as the man in the video ignoring other evidence that failed to kpli kate him. >> our theory at trial was it ibar or renkin. they're his buds. >> i think the defense is throwing stuff up to make people feel doubt. if you saw your brother walking on the street in a video even if it's blurry, you would know it's
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him. >> after ten nerve racking days the jury returned on december 21, 2012. you're fraught with every emotion in the world. >> the moment was captured by cell phone video. >> it kicks in that you know what, i'm not guilty. i don't know what happened. i left my body. i was crying like a baby. it was too much emotion. it's just too much. >> i could not believe it. is this even real? i got right on my knees right in the middle of the courtroom and i went to praying and praying and praying. >> later that night seth
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penalver walked away from prison a free man. seth's case brought up serious questions about the use of video as evidence in murder trials. >> video is not 100%. sometimes video can create more issues than the one would guess. >> the video is powerful for the emotions it brings out in you, but it doesn't always tell the whole story. >> the video is the truth. it is what happened, but it's everything else that was a story. you may have known the ending, but you had to create the beginning of it. you had to create the middle of it. it doesn't portray the whole picture. but just as seth claimed his prior guilty verdict didn't match the truth, so too does the prosecutor. >> i was very disappointed because i do believe that the
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evidence establishes that pablo and seth committed the crime. not guilty doesn't mean innocent. >> seth's co-defendant pablo ibar is still on death row. in 2012 he wrote a letter to seth that raised questions for the victim's family. >> there's this hand written letter that's full of rage from pablo ibar. it tells him you're not a victim, man up. take responsibility for your actions. >> for deborah, the letter and the video of the crime can only mean one thing. >> i know that seth penalver is a murderer. he may pretend with anybody else that he's talking to and tell whatever story and bring in whatever bible he wants to bring in, but that man is a cold blooded murderer. he may be acquitted and he may be free, but he is guilty.
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on on this episode of deathw stories, a mother's threat is slashed and her two young sons are murdered. >> it was a blood bath and when a crime like that happens someone in the house did this. no motive, no explanation. >> by god somebody is going to pay for these two boys being murdered. >> the state will be seeking the death penalty in this case. >> it just didn't seem real. i know that i'm innocent. >> there's a body on the water. he was butchered and murdered.

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