No Place for Children (2014) - full transcript

Elkhart 9-1-1.

- What is your emergency?
- I...

I just shot two guys.

- Shot two people?
- Yes.

They broke into my house.

I'm holding a gun on
the people right now.

Are they in the house?

Yes. They're in the house right now.

They're in the closet.

Hurry up. Please.

OK, don't hang up.



What's your name?

Rodney Scott.

Rodney?

Yeah.

Rodney, put the gun down, OK?

Get back.

R... Rodney.

Get back.

Brother, ain't you
from across the street?

Elkhart, Indiana.

It's, um, very small.

Really small.

You don't realize it's as
smallas what it is, but it is small.

Sometimes the only thing
hereto do is maybe go to the bar.



And you don't want to
get in trouble here.

We have quotes about Elkhart,
like you come here on vacation,

and you can't leave
becauseyou end up on probation.

Yeah, it's just a
small town that seems

like everybody knows everybody.

I've lived a big
chunk of my life

on Frances Avenue in Elkhart.

I lived with my parents growingup
on the other end of Frances.

We did move out of thearea,
but then I came back.

As a young teenager,
a younger age,

I would be at the roller rink.

We all did the
roller rink thing.

We did have a small mall
not too far from here

that we would hang out at.

But there still
wasn't a lot to do.

So of course we had
ourparties and underage drinking

issues and things like that.

At 16, I was hanging
outwith a good friend of mine.

And her brother was
also close to our age.

And things led to
things, and we end

up getting pregnant with Blake.

And, of course,
either oneof us were quite ready.

So I stepped up to be
thesingle mother that I had to be.

Went to school... high school.

After high school,
went toa part-time job every day.

And Blake did
everything with me.

Blake was at my graduation.

Blake was in my senior pictures.

I remember I didn't
go to my junior prom

because I was practicallya
labor at the time.

It was real close to thesame
time that the prom was.

I did make it to my senior
prom, so that was nice.

But yeah, it was...
It wasn't easy being

a single young mother.

But I grew up with Blake.

Blake was my everything.

I've never lived without Blake.

He was my sidekick.

No matter where I
was, Blake was there.

I think that's the hardest part.

It's like we've kind
of grown up together.

And he's always been a bighelp,
helping with his brother

and sister, too.

That day, I got a phone
callthat there was an incident that

happened a few
blocks from our house

on Frances Avenue
statingthere was a lot of police.

So I called my son, Blake,
just to see what was

going on in the neighborhood.

But I couldn't get
in touch with him.

I was at school,
and I got a call from Blake's

mom, Angie, freaking out.

Like, there's cops
down the road.

I have a feeling
it's about Blake.

Blake's not answering his phone.

I was flipping out.

I know my son.

And I know my son
will pick up my phone

call at every phone call.

So I felt in my gut
something was wrong.

I got to Blake's house.

There was a whole bunch
copsand ambulances down the street.

I talked to an officer, but I

was denied any
information, or if it

had anything to do with my son.

Somebody said five of
teenagershad broke into a home,

and that my son was involved.

The next thing I find
outis pretty much that two

of the kids had been shot.

One was alive, and one was dead.

I didn't know if it
was my son that w...

Was gone.

Which passed.

Angie left to the hospital

to see if Blake was there.

And an officer
showed up and said

that we had to talked
to Officer Price, which

was the homicide detective.

So at that point, we
were all, oh my gosh.

Like,
something reallybad has happened to Blake.

On the way to the hospital,

the police station called me.

They had Blake.

He had been shot in
somebody else's home.

And so I went to the
Elkhart Police station.

I got questioned quite a bit.

I just kept asking
to see my son.

And at the time, he's 16.

I should've been
able to see him.

They wanted me to sign
thepaper to have him questioned.

And they told me that theywere
charging him with murder.

The first
personthat Blake called was me.

He called me, and
he was bawling,

talking about how he messed up.

And he wishes that he
had never done anything.

He was just sobbing.

Prosecutors announce four

men are facing murder charges.

And Judy, why are
these men being charged

with murder when they
didn't pull the trigger

that killed their friend?

Well, Brian, the prosecutor

made it very clear today.

Under Indiana law,
when you'rein the midst of engaging

in criminal behavior
and someone is killed,

murder is an available charge.

It sends a strong messageto
criminals here that crime

will not be tolerated.

We live day to day.

We live day to day, you know?

You... you fill your
time out the right way.

You occupy your time
with the right things

and avoid the wrong.

You know, it's prison.

You're surrounded by
negative all the time.

Be a light in the
dark, you know?

Be the one that's different.

It's hard.

It's been nine months
already, and I'm

still waiting on my trial.

I mean,
you don't get tophysically see your family,

you know?

You're talking to
the only people that

are there for you over a phone.

Over a screen.

And it's tough.

You're in this big
place all by yourself,

and you can't even give yourmom a hug,
or your girl,

or... nothing.

I wasn't a bad kid.

I made mistakes.

Every kid does.

Tried to play sports
when I was younger.

Didn't really like it.

Didn't do it.

Come on, Blakey.

Come on, Blakey-bloo.

When I got older, started...

Tried getting high,
stuff like that.

Just kind of startedhanging out with,
you know,

guys that were
doing I was doing.

So that's all we did, you know?

Kicked it and got high.

That day, I was with Anthony,
Jose, Levi, and Danzele.

I had known most
for a long time.

All good friends.

I don't know why we
decided we were going

to break into somebody's house.

I think it was money.

Probably to get higher.

I don't know.

We knocked on people's houses,
see if anybody was home.

One house had dogs or something.

I don't remember.

And then pretty sure it
wasJose that said something

about the house across thestreet,
not being there a lot,

and at work.

So we knocked on that door.

Nobody picked up.

And, you know, in our heads,
that meant no one was there.

At that point, Levi
decided to stay back

and kind of became the lookout.

And kind of want to
sayDanzele kicked the door in.

We went inside.

And we weren't in there
probably a minute.

Not very long at all.

There was a wallet and a watch.

I just grabbed it.

And that's when thehomeowner
had come downstairs

and began shooting.

We're all in a bedroom.

And we turned around and
run back in a closet.

I didn't know I'd got
shotuntil I grabbed my leg

and it started hurting.

And I realized, oh, yeah.

I was shot.

And then I noticed
thatDanzele was kind of falling.

And I kind of looked over,
and I seen on his chest

that his sweater was all red.

And then it kind of clicked inmy hand,
like, oh, you know,

he got shot.

I tried to pull
him in the closet,

and I felt the blood on my hand.

And that's when he had died.

The law is
quite clear that if one

engages in a felony...

And particular
felony, burglary...

And, during the commissionof that burglary,
someone

dies as a result,
that wecan charge felony murder.

To the future criminals,
that message is, gee,

if you go breaking
into somebody's house

and somebody dies as a result,
Elkhart County is going

to hold you up for murder.

And I think that's
animportant standard to have.

They're going to be raised

with criminals for years.

If they're gonna put
themwith that kind of time,

they're going to go to
the worst of the worst.

Because they're max security,
because they're murderers.

That just makes me so
sick to my stomach.

That's too much.

I get myself...

That's why
we'vegot to keep things going.

It helps.

But we need to do arecent
summary of the case

and what has
happened to put on...

Update the flyers,
I was thinking.

That's what I was thinking, too.

I was like, I need to
go through there and...

We don't want to
draw it all out either,

because they did commit
a crime, and they

deserve to be punished.

Oh, definitely.

It's not like we're
justtrying to get out of it.

We know Blake didwrong, and we know that he

broke into that man's house.

But charge him with what he did.

Charge him for the breakingand entering,
even burglary.

It's a six-to 20-year
sentence for these kids.

Felony murder is stretching.

It's cruel punishment
to these teenagers.

The felony murder rule,
it'sjust... it's very outdated.

You don't have to prove
an intent to kill any...

I mean, you don't evenactually
have to do the murder

to be charged with it.

I just think that's ridiculous.

All they have to do is provethat
you were in the commission

of the alleged crime.

That blew me away,
and I've beendealing with the legal system

for years.

They caught me
completely off guard.

The day before
our trial was beginning,

I had myself prepared
for the worst.

Prepared for a guiltyverdict
of felony murder.

But as I went through thetrial,
and the week, and I...

I thought, if anything,
them 12 jurors...

Somebody was going to
decidenot to send these boys away

for the rest of their lives.

It seemed like we
had a nice juror.

It would've been
fair and decent.

There was like eight
females, four males.

Some of them a couple
schoolteachers.

I just... I just had big
hope that these people

would not charge these
boyswith something they didn't do.

I got Blake's hopes up because

of how good trial was looking.

We were talking on
the phone those days

like, man, we got this case.

Like, we're going to win.

You're going to come home.

You're going to get
charged with burglary.

As we sit here today,
we have the death

of Danzele Johnson,
whichis absolutely unvindicated.

Not one of them truly
didaccept responsibility.

You know,
our laws do notcome close to addressing

what a violent attack...
Aburglary... is on your home.

I mean, where do our
children feel safe?

They feel safe in their beds.

And they don't think that
peopleare going to violate that,

and yet that's exactly
what happened here.

Everybody
isentitled to their opinion.

That's what this
Americansystem is all about.

I'm not here to
address concerns.

Certainly anyone who's
involved in the case

from a family standpoint,
this is a tough day.

But whatever the jury
decides, we live with.

At about 10 till midnight,

they came back with a verdict.

And as soon as I sat downand
they brought the jurors in,

I felt it in my stomach.

I just remember, basically,
when they read the verdict,

them saying Anthony's name.

Hearing all three guilties.

And Blake stood up.

He looked back,
and hisface was just full of tears.

Like, his face was all droopy.

And I don't remember
seeing anything else.

I wish that there
would have been

a different outcome becausethey
did not commit a murder.

They did not pull that trigger.

That's a tough message.

But it's the right
message, because we

have to take a
position that when

you break into
someone's home, you

have to be held accountable.

It's certainly a verdictthat
I think is appropriate.

Now an
updateon a deadly Elkhart county home

invasion that took place last...

...weekend.

And Kelly,
those boyswill likely end up serving

half their sentences, if that.

...because
ofday-for-day credit in Indiana.

The judge also recommended
drug counseling

for the three of them since
theywere high on marijuana the day

the home invasion happened.

But their fight isn't over.

Now, this whole case has been

going on for about 10 months.

Is there any word the
families will appeal?

They
planto fight this until the end.

So that could mean appeals.

All right.

Tricia Harte, live
from the newsroom.

Thank you.

We'll never get
this puzzle done.

Curtis Hill can't catch
areal murderer in Elkhart.

So he's got to go and
make stats for himself.

I've always loved
the United States.

I've always had pride
in the United States.

But this is not just.

That makes you wonder,
is this the right place

to raise my family?

You break into a home
that you think is empty.

You don't have any weapons.

You retreat the entire
timewhen somebody comes in.

How can the United
States put some...

A child, no less...

Not an adult, but a child...

In prison for that
amount of time?

To completely destroy theirlife,
their family life?

And I understand that
thischild should be punished.

There's no doubt in my mind
thatthat child should be punished.

But...

People that actually
kill someone...

Yes.

...are getting less time than...

Are getting less
time than... than this

child that made a bad choice.

And he needs to learn from that.

But...

It wasn't murder.

It was not murder.

I mean, I can't even get
on the internet sites

where there's a storyabout
this because people

make me sick with the
waythey're "lock these thugs up.

They deserve
everything they get."

You don't know these kids.

They're not gang members
thathave been running the street.

This is his first offense.

This case has
alreadycost us a lot of money.

Paid our first lawyer 15,000.

And now we're starting
all over for the appeal.

We have to find a new lawyer,
which is probably going

to cost more than that one did.

So we're having prayer
rally-slash-cookout.

We're supplying the meat.

Everybody's inside.

We'll have a jar out there.

We're gonna try to raisemore
money for the appeal.

It's going to be a
long, expensive process.

I want to thankeach
and every one of you

for your support.

We appreciate
everything you've done.

Appreciate you
coming out here today

to enjoy this beautiful
Labor Day with us.

And we would like to
give something back now

and give some thanks
to the Good Lord.

I ask, Father,
that Youlook over these young men

and give them the strengthand
courage they need to lead

others in hopes that
they can be a light

in a dark place,
Father, and that they

can lead others to You.

In Jesus precious name we pray.

Amen.

You guys ready for
some kickball or what?

Hello?

What's up, son?

We got a lot of people
outhere that showed up, man.

A lot of people showed
up here to support

you now and the cause.

It's going to seem worse,
but it'll get better.

You know?

I'm... I'm gonnaput
you on with Katherine, OK?

She's... she's mugging me.

No, I am not.

She hasn't took
her eyeballs off me.

All right, son.

I love you, Blake.

Keep your head up.

Hello?

I missed a big
part of Blake's life

that I've spent in prison.

They call it theDepartment of Corrections,

but there's not much...

It's not really set
up to correct anybody.

Most of the people I
knowthat have spent time...

Long, long prison terms...

Don't come out much
better than what

they were when they went in.

There's no preparing
yourself for that.

But I try to talk
to him and prepare

him to be ready to deal
withwhat he's going to experience.

He's a strong kid.

And I know he has
the right intentions,

and I know he'll
do the right thing.

But I'm scared for him.

I... I just can't...

I can't even find the words.

I don't...

I don't want him to
experiencethe things I experienced

and make the choices I made.

I wish I could, you
know, push a button

and make all this go away.

Or go with him and
protecthim every step of it.

I'm home, and our
family's reunited,

and we're all together.

It's what we've
all always wanted,

and he's been taken away.

A long time ago, all I remember

is watching "Cops"
on TV and, like,

seeing them help their
communityand all other things that

come along with being a cop.

I wanted to be a part
of that, you know?

I wanted to be helping peopleand
putting the bad ones away

and, you know, all that.

I was actually getting
law enforcement

credits at the career center.

And then, in the middle ofall that,
Blake got arrested.

At first, I didn't really
talkabout it with a lot of people

because most of
it was, you know,

you're stupid for
staying with him.

And so I didn't really talkabout
it law enforcement class.

But when I did, it just
made me want to cry.

Like, it was bad.

They were just thugs,
and theydeserve to be where they are.

And if they get life,
well then, so be it.

That was just a lot
for me, especially

since I've been datingthis kid for,
like, a year.

And everybody
knows, and they just

still decide to talk about it.

It was hard.

I just don't feel
like I could ever

be a part of law enforcement.

I know I should have
pursuedit and made a change.

But there was just
something about it

that I just cut everybody off

Destiny, what are you studying?

Triangles.

Oh, I seen that you were looking

triangles up on the iPad.

Oh, yeah.

You must've been havingtrouble
with your homework.

This is confusing.

90 plus 26.

That's two angles.

This whole situation wasreally,
really hard for Destiny.

When she was born,
she was diagnosed with

an astrocytomas brain tumor.

They say that it
was not operable.

It spread out.

It's not like a one-spot tumor.

It's different spots
all over the brain.

The doctors were sayingshe
was going to be blind.

You know,
they thoughtshe probably wouldn't even

make it till five.

She started chemo right away.

She's been through a few
roundsof chemo through the years.

What time is it?

I don't know, but we can go.

Yeah, 8:24.

But she pretty much quit
whenthis all happened with Blake.

That was her rock.

Blake did a lot.

He went to chemo.

Did the medicine with
herin the middle of night.

Very involved with Destiny.

So when this situation
happened, she

refused to take chemo pills.

She just stopped.

So we had to have a
meeting at the hospital

with the nurse, the doctor.

We all discussed what
to do in the situation,

and we chose to let
her take a break.

So she has been
totally off everything.

But she still has
the brain tumor.

Every three months,
we go to the hospital.

Get an MRI check on it,
makesure it's not growing any.

Unfortunately,
we kind ofgot a little rough news

that there was a little
bitof color difference, which

means that it could be active.

But we're going
to just watch it,

and hopefully we'll
just stay on break,

and we won't have to

Oh, I'm late.

I'm getting out of the car.

All right.

I love you.

I'll probably
never see you again.

Destiny!

All right, I'll be here atwhat time,
um, to pick you up?

Oh my gosh.

I love you!

No, you don't.

Bye, Destiny!

Son?

Come on, baby.

Do you want to tryand or no?

- No,
I'm good. - Do you want to light his?

No, I'm good!

It may go out of the way,
butwe'll relight it if it does.

We just want to
rememberthe day there was a life lost

here, and a young man too soon.

Way too soon.

Danzele's mom will neverbe
able to hug him again.

Amen.

Amen.

Amen.

If we could all justbow
our heads for a minute.

Dear Heavenly Father,
wecome to you on this holy day

just to ask for
Danzele's family.

Let their grief be short,
and just let them know

that he's in a better place.

We come here not only
for the Elkhart four,

but know that there's anotherangel
up there in Your heaven.

And just help us push everyday
to fight for what we know

is right.

And we thank you.

Son Jesus Christ precious,
holy name, we pray.

Amen.

Amen.

Danzele's mother
had come to visit me.

I didn't know how the familyfelt
about what had happened.

You know, I didn't
know if she was going

to come up here and yell at me.

But she told me,
thank youfor staying with Danzele

while everything was happening.

You know, he's 21 years old.

That's... That's young.

He had so much life.

And now... you know what I mean?

And I told his mom,
when Iget out, I will not mess up.

I will do right.

Because I feel like
I'mdoing it not only for myself,

but for Danzele as well.

Because he's not going toget the chance,
you know?

I mean, I feel bad every day.

I feel bad for the homeowner.

And I feel like a
lot of people don't...

Really don't look at him.

He had all the right
to do what he did.

We were in the wrong 100%.

And I don't want him
tothink anything different.

He did what he had to do.

That was our mistake.

I'm sorry he has to live
withthat for the rest of his life.

Destiny!

Destiny!

You excited to see your brother?

Mm-hmm.

Yeah?

- I get really anxious.
- Yeah.

My stomach starts to hurt,

like, right before we go in.

If I look good, or
if I look weird, or...

Everything's gotta be right.

Oh, this is one of the boys now.

It's Anthony.

Yourcurrent balance is $10.17.

Hi, Ant!

Hey, Anthony.

Hi, Ant.

That was Katherine and Destiny.

You're on speakerphone.

So how's it going?

You OK?

Watch your mouth!

All you guys
have... your mouth has gotten bad.

Yeah, Katherine's being
a butthole because she

thinks that we're lost.

What do you mean, a "butthole"?

She's just driving straight.

We can be in freaking
California by now,

for all she knows, but no.

I'm kind of glad that I hadBlake
first because now, having

a girl, because I have Katherinenow
instead of Blake right now.

Whew!

So, what is wrong with you?

You're having chest pains?

Well, you need to
worry about it,

because that could be serious.

You probably should tell
the nurse or something.

No, you need to do that.

I'll... I'll pay for it.

ANTHONY Aw, man.

I'm gonna pay for it!

You need to get it checked out.

It could be serious.

Much love, Anthony.

Bye!

You keep your head up you.

And you study for that test.

All right, love you.

Yeah, you too.

This is mine and Blake's song.

Oh, gosh.

On the way?

Blake told me
thatyou never put me through him

going to jail for 55 years.

But I have never resignedabout breaking up

because you've gotta
staystrong for each other.

Destiny.

Destiny, honey!

We're here. We've gotta see your brother.

Come on.

Sweating? You hot?

You nervous?

You're OK.

You don't get to see himevery day,
so I gotta look good.

It's like a date.

Yeah.

Every 14 days, huh?

With his mom.

Come on!

I can't feel my feet!

The ElkhartFour is now obviously

a big story in our area.

Very high profile.

It'sbeen a controversial case

from the beginning.

I get aggravatedwhen
people call them thugs,

because they're not thugs.

They made a bad choice at 16.

I think they did the
crime, they do the time.

To be in jail
for that many years...

There was no murder.

People who murder
people get out in less

time than with these boys.

This sounds like thecourts
approved some briefs

from the forensic court.

Sounds good.

Change.

You're clicking the wrong one.

The wrong button.

Thank you.

"Appeals
courtapproved two supported briefs.

Several groups not
directly associated

with the Elkhart Four have
askedto file briefs in the appeals."

So these are people that just

asked if they could
put their two cents in

and the judge approved it?

"Each of these
amicus are being filed

in support of Blake and Levi.

It is easy to guess that
they will be relying

on recent scientific
evidencedifferentiating the adolescent

from the adult brain to
supporttheir submission to the court."

Huh.

So I'm assuming the judgecould say,
no, they don't

have nothing to do with it?

But they're accepting it.

So I guess that's
really good news, yeah.

And I like this...

Hold on, he's calling.

Tell him I said hi.

BLAKE Blake.

To accept charges, press 4.

Hello?

Hi.

Good morning.

Maybe we should call the lawyer

and ask her these
questionsabout these updates.

All right.

She's usually really
good about letting us

know everything anyways, but...

We're bothering
her on a Saturday.

I know.

Probably if she doesn't want tobe bothered,
she won't answer.

Kind of like.

Cara. - Yeah.

Hi, Cara.

All right, fine.

I'll just buy myself a ring.

I'm just kidding.

Calm down.

I wish you were here.

We had somequestions on the appeals.

We've told you about
theblog for the Elkhart Four?

Let me just read you
a little bit of it.

"The Indiana Court of
Appealsapproved the inclusion

of two amicus briefs
submittedby friends of the court,

supporting the appeals
filed by Blake Layman

and Levi Sparks for their
2013felony murder conviction."

So I guess we're askingexactly
what does that mean?

That's a good,
good thing, right?

That's good.

Yeah.

Are you hopeful at this point?

Hey, what time are
you gonna call me later?

10:00?

OK.

10:30?

Oh.

Like, 4:00 and then 10:00.

Oh, because he
wasn't a juvenile.

Right, right.

I'm just worried about..

I feel like he's
getting left behind.

Yeah.

I miss you, too.

Be good.

And keep your head up.

And call me at 4:00 or I'llpunch
you in the nose, and OK.

You have one minute left.

I love you.

I miss you, too.

K, bye.

Love you.

I really...

I have a lot of faith in her.

I do too.

And she does sound
pretty confident.

I like that.

This is my first
visit right here.

It was the first time
Iactually got to give Katherine

a hug in, like, a year.

Or a little over a year.

She's always been there for me.

And it helps so much to
look forward to that,

to have someone to call,
to have someone to talk to.

To even just, you know,
complain about your day,

or hear them complain
about their day.

And I want to show
her that, you know,

I really do mean when
I say, I really do mean

I want to be with you forever.

You know, I'm not...

Not leading you on.

I'm not doing anything
like that, you know?

I proposed to her.

You know, I...

I kind of can't do it, youknow,
the normal way in here.

But I called my
grandma and told her,

you know, hey,
tell her yougot a T-shirt or something,

you know.

Have her come over
to the house, and you

give her this ring for me.

And I called her
later on that night.

Or I called her earlier that
dayand told her, you know, like,

will you marry me?

And obviously she said, yeah.

Rick moved out.

It's just a lot of
stresson the relationship.

It was overwhelming for him.

You're locked up
for this many years,

and you get out to
your child locked up.

And now you're on
the other side, and...

Where before,
it wasalways Blake visiting him.

We argued sometimes about
moneybecause he didn't understand.

He didn't even know how
to control the lights

because he's never had to.

So, like, I would come home,
and every light in the house

would be on.

And I wouldn't complainabout
it because I knew...

In the back of my head, I'mlike,
gosh, that's because he's

been locked up for so long.

He didn't understand finances.

I think it was easier for
himto walk away and just leave

the situation and
not focus on what

I have to focus on every day.

How do you feel about your MRI?

Crappy.

Crappy?

Because I don't
want to go in there

and sit there for
an hour, and then

have to go to an
eye appointment.

You just don't wanna do it?

No. I'm tired.

Me too.

I feel real nauseous.

Do you?

All right, sweetie.

I want you to just look
at the green line, OK?

Cool.

Now put your arm back
under this blanket here.

Or anything, OK?

Thanks for doing
such a good job.

Oh?

Awesome.

Thank you.

You're welcome.

So close.

I wonder if that's Blake.

It is.

Uh.

Did he remember?

I don't know, maybe.

Hi, Son.

What's up?

How are you?

Yeah.

That's awesome.

Right, because Destinywas like,
did he remember?

Hello?

Hi, is Destiny in here?

Yeah, she's in here.

All right, I love you too.

All right, bye.

Let's check you out.

Have you been feeling well?- Yeah.

I'm sorry, Son.

I need to talk to the doctor.

I love you too, Son.

I miss you a lot.

Now, There's a battle

in Indiana for the job asthe
state's attorney general.

That's right.

Curtis Hill has prosecutedcases
in Elkhart County

since the early 2000s.

But he's looking to
start a new chapter

in his political career.

Hill argues the skills
for an Attorney General

are very similar to
that of a prosecutor.

There's fact finding in that.

There's investigation review.

There's a determination
ofwrong conduct and right conduct.

And then you expand
that to an entire state.

And the idea is to
create a tenor of safety

for as many people as possible.

Welcome, everybody.

This morning,
normalvisitation rules don't apply.

So you can give your
welcoming hug and kiss,

and we'll get started.

I love you.

I love you.

All right, I want you
to look at your partner.

Look them square in theeye,
and just say, honey.

Honey.

Let's talk.

Honey, let's talk.

What does goodcommunication look, like?

Just brainstorm
that for a minute.

What's that say?

Listening and understanding.

How much do you care...

Truly care... about
that individual

that you have to put
somebody down like that.

When we talk about puttingdown,
how do you think

it affects your physical state?

It's hard not to
get discouraged.

I don't want to forever belabeled
a murderer because when

I got out to get a job,
they look up my background,

and it's going to say murder.

It's not going to
say felony murder

and tell them all about my case.

It's going to say murder.

Not a lot of people
will look over that.

My earliest possible
releasedate is April 3, 2040.

That's my earliest
possible release date.

I don't think it takes 27 year...

27 and 1/2 years to figureout,
OK, I fucked up.

OK, I need to change
mymindset to be better to change

and succeed in society.

Become something.

For me, I know it
didn't take that long.

Hell, I feel like I'm ready now.

I've been down here two years.

I'll do some more time
on top of it, though.

I committed a crime.

I'll sit here, you know?

That's part of the consequences.

But 20-something years?

You know,
I feel like thattakes away from the things

that you decided you
were going to change.

And you're surrounded
by negative.

You're surrounded by fighting.

But you have to continueto
keep a good mentality,

like, OK, I can do better.

I can still become
something in life.

I imagine myself in an
apartment, you know?

Hell, probably with
a kid, you know?

This is where I am.

It's sad and it sucks.

Over time, they just
kind of wear you down

and wear you down.

Your visit's here.

OK.

Thank you.

That's one of my biggestfears,
is it's going to like...

It messing up my mindset,
andl have less regard for getting

in trouble from now on.

And then letting my family down.

And that's not
what I want to do.

We're good?

Yep, you're good.

They're there for
me, and I need to...

I need to continue to proveto
them that I'm doing right.

Baby bird.

Baby bird!

Aww.

Yup.

You know,
you had manya boyfriends before Blake

that I did not like,
did not care for.

They were completely
unrespectful.

And Blake came in here
day one, and I told you

the first day that I liked him.

And he's got a
really good heart,

and he made a bad mistake.

And the last thing he
needed was for people

to walk away from him.

He deserves a secondchance,
just like everybody

deserves a second chance.

And we're very proud
for sticking with Blake,

because, you know,
he's a goodkid that does not deserve this.

Yes, he was a good kid.

And we are going to fight.

We are going national.

We are going to get all
the research that we

can on all the other cases.

And I'll always
be Blake's friend.

And I'll always have
aplace in my heart for Blake.

But do I think that Iwant
you to spend 45 years

holding your life for Blake?

No.

No.

That's not what I want.

Take his phone calls.

Be his friend.

Hold his hand.

Never stop being
that boy's friend.

But you're going to haveto
move on with your life.

You can't wait 40 years.

You know that.

Obviously,
Katherine isvery passionate about Blake

and loves Blake with
her entire heart.

So it was an extremely
difficult conversation.

But I felt that,
as a mother, I need

to make sure that
she's OK, because she's

obviously my number one.

Also, I wrote a letter
to Blake and asked

him to let her go
becauseit's not fair to her

for him to expect
her to stay with him.

But he had no intentionsof
letting her go either.

The Indiana Supreme Court

is pushing back anappeals hearing for three

of the so-called Elkhart Four.

The court was scheduled
tohear arguments this Wednesday

in the appeal of Blake Layman,
Levi Sparks, and Anthony Sharp.

It will now take place
in late February.

Defense attorneys
will have 20 minutes

to explain why the
court should toss out

their felony murder
convictions, or at least

lessen their sentences.

Hearing that appeal didn'tgo
through was extremely hard.

Times are hard right now.

There's a lot of
money going out.

We actually had to get a loan.

It's been a long process.

And Blake still doesneed
to be taken care of.

I know some people
say, well, he's fine.

They don't need money.

Well, they don't... yeah,
theyget their three meals a day.

Do they have enough
hygiene to last?

No.

Do they get paper for free?

No.

You know, they
need all that too.

So I still have to take
care of Blake also.

Unfortunately, we can
see him every two weeks,

but I've had to postpone
every two weeks.

I can't afford to do everytwo weeks,
unfortunately.

I have a used
vehicle that's older.

And we did have the
incidentof going to see Blake,

and the vehicle breaking down.

And we're, you know...

I mean, to get stranded
in Indianapolis.

There's a lot of risk, too,
of driving 4 and 1/2 hours.

It's really hard,
becausel'd be there every two weeks.

And if we lived close,
we'dbe there every two weeks.

And so that's kind ofupsetting sometimes,
to know...

I mean, there's been
times where I didn't

even have money on my phone.

And when he calls,
that's heartbreaking,

knowing I can't answer
the phone because I

don't have money on the phone.

It's very heartbreaking.

And same with other boys.

It's like, you know,
Anthony calls a lot.

And it's hard for me all
thetime to answer his phone call.

Sometimes I just don't have
themoney to answer it, you know?

How much was that bag of candy?

Um, $3, because it was...

So doing this for anotheryear
or so to see if we can

get in front of the
Indiana Supreme Court

is not going to be easy.

Take care.

You too.

My parents struggle
a lot with the fact

that I was going to stickwith
Blake no matter what.

I mean, they want me happy.

But Blake's not my friend.

I want him to be my husband.

And I would never give that up.

Letting her
stickby him was really hard.

But the two of them are going
toget married, whether we want it

or not.

So you just decide that
you'regoing to do what you want,

and we're going to be righthere beside you,
whether we

agree with it or not.

And I do feel, someday,
he'll be my son-in-law.

And I'm OK with that.

Blake won me this
at the Indiana Beach.

This found some stuff up there.

Alcohol stashed up there.

Busted!

I guess that's what
happens when you move.

You find things that
you forgot where there.

Moving out of my
parents'house is a big step.

Blake, I suppose, would
be doing this too.

A step I wish I didn't
have to be taking alone.

But maybe he'll be there
whenl graduate college, and...

You know.

So there's always
somethingelse to look forward

to that he can be there for.

That's my motivation, basically.

Get through this just to
gethim home and start my life.

The greatest equation.

All of love in the worldplus
compassion and trust

times infinity divided by youand
me minus where I'm at now

equals Blake and
KatherineLayman forever and always.

That's cute.

I got that back when
he was in County.

Got a lot of stuff.

Tonight, major new developments.

The
IndianaSupreme Court will hear

arguments this Wednesday
in the appeal of three

of the so-called Elkhart Four...

Blake Layman, LeviSparks,
and Anthony Sharp.

Hi.

Scared? Nervous?

Yeah.

See what happens.

So, in the morning...

I mean,
I figure we shouldbe up by at least 5:00

and on the road no
later than 6:30.

Tomorrow,
I'mgoing into the Supreme Court.

Not really sure what to feel.

I mean, the worst
scenario could be

them sticking with
a felony murder law

and him doing 45 years.

Or he could be coming home.

They could just
dismiss the case, and...

So I don't know what to feel.

I'm trying not to
get too excited.

We are going
in front of the judge.

And our lawyers are
goingto argue our point of why

felony murder
should not have been

applied to the Elkhart Four.

The felony murder rule
is very controversial.

From state to state,
it changes the wording.

It's not very clear on
who should be charged,

who shouldn't be.

Should we chargejuveniles, should we not.

And in the Elkhart case,
Ithink a big part would be

there was no intent for harm.

There was no weapons involved.

I don't know whether to be

excited or scared or
nervous or throw up.

It can go anywhere.

They might not drop everythingand be like,
OK, you can go.

But I have faith that my
years will get dropped

to something a lot less.

Can you explain to me, like,
exactly what this court can do?

They're going to
grant or deny transfer.

And then if they take it andsay,
this is not felony murder,

then it goes back to juvenilecourt,
in Blake's case.

We're hoping that
the Supreme Court will

drop to felony murder
ruling against them

and charge them with the
crimethat they actually did commit.

I'm looking forward

to hearing the argument.

The appellants are
Blake Layman, Levi

Sparks, and Anthony Sharp Jr.

Indiana's felony murder statute

uses the action
verb "kills," and it

refers back to the felon.

So it's the felon who
must do the killing.

Not the victim of
the original crime.

Not the victim, Your Honor, yes.

And then we have the questionof
whether this is even felony

murder as a matter of law.

You can kill by causing death.

You don't have to
pull the trigger.

You have to cause death.

And if you cause death
byplunging a knife in someone's

breast, yes, you've murdered.

If you cause death by
notwarning someone the bridge is

out, you've killed.

They did try to target a
housethat they thought was empty.

They went in unarmed.

They were trying
to limit the harm.

They weren't trying to avoid it.

If they were trying to avoidit,
they would've stayed home.

16-year-olds are old enough,
at least, to know this much...

That if you burglarize
someone'shome in a way that makes

them fear for their life,
thenyou are guilty of felony murder

if a death results.

The Indiana Supreme

Court did not decide if itwill
hear Blake Layman's case.

Just simply heard arguments.

No timetable for adecision
has been released.

We'll continue to
watch for developments.

I don't like being alone.

It's boring.

Sad.

I work a full-time job, doors.

And they'll come
off the machine,

and I catch them and
place them on the skid,

and take the skids
over to shipping.

But even though I'm
working a full-time job,

I can't really go
out and do things

like I used to be able
tobecause I don't have the money.

I pay rent.

Truck payment.

And then, on top of that,
Ihave Blake, which is about $500

a month.

I mean I spend commissary,
gas to get there, phone calls.

It costs $3 a phone call,
andhe calls me three times a day.

So it's a lot of money.

And then I get on
Facebook and I'll

see my friends start
familiesand go off to college,

move to California, and
me being kind of stuck.

This is definitely notthe
life that I expected I

would have when I was littler.

Thank you.

Thank you.

Thank you.

Go ahead.

Oh my god.

Oh my goodness.

They're going to be so happy.

Them boys are going
to be so hysterical.

Known that
graduation day, though.

Right?

I know.

The same day.

Same day.

How... yeah.

So exciting.

Don't think he's here yet.

I don't see Levi or him.

The Supreme Court overruled.

The Supreme Court
has overruled our case.

And he doesn't know
he doesn't know yet.

He doesn't know.

Shh.

Oh my god, I'm gonna pass out.

So excited.

So excited.

I almost feel sick
to my stomach, even.

This is not real.

Do you know what this means?

Oh my gosh.

We get to have a real wedding.

Oh my god.

We get have a real wedding.

Oh my god, I see him.

Shh!

Hi, guys.

Hug.

Oh my god, I love you.

So we gotta talk to you guys.

The Supreme Court
decision came back.

All right.

You guys are no
longerconvicted felony murderers.

We won!

You're not a murderer.

I've been waiting
for this so long.

I don't wanna cry.

Cry, babe.

Cry.

Cry, man.

You're not a murderer, man.

Man.

Congratulations.

Thank you, man.

Thank you.

Get that shit back.

Man.

Congratulations.

Thank you, thank you.

Just make it through the rain.

Even though we don't
ever show our pain,

we try, we try, to make
it through the rain.

Even though we don't ever showour pain,
we try, we try...

Blake Layman.

I love you, Son.

Congratulations, honey.

I love you.

It's a damn good day.

My mother always said,

Son, just make it
through the rain.

Even though we don't ever show...

The Indiana Supreme Court

says Blake Layman, Levi Sparks,
and Anthony Sharp did not

engage in any dangerous,
violent, threatening behavior,

and nothing about their
behavior was the cause

of their friend's death.

- A - judge will resentence,

Layman, Sharp,
and Sparksfor the burglary conviction.

The maximum for
that is 20 years.

But with day-for-day
credit and time

they've already served
in the last three years,

they might only have to
do another six years.

The one name left out
ofthe Supreme Court opinion

is Jose Quiroz.

He pleaded guilty before thetrial and,
because of that,

was not able to appeal.

He's currently serving
a 45-year sentence.

But I am told a public
defenderis trying to get him less

time since he was
16 when it happened.

I'm so scared, I ain't playing.

You're scared, or
just anxious and...

I'm scared.

...nervous about
what's going to happen?

Yeah, I'm scared.

Like, really bad.

Just don't go and ask
him stupid questions.

Do you imagine how he's
feeling and how we feel?

I bet he is, like, a mess.

At least he got himself
in that situation.

That's true.

I gotta go up there,
and I'm like, aah!

Please don't kill me.

Oh, you're more
scared about all that.

The whole court...

Yeah, like, what if
I... what if I'm the one

that gives him 20
years in prison

because of something I say?

There's not much you
cansay that's going to influence

the judge's decision.

You know that.

Yeah?

While I'm up there as
a character witness,

the prosecutor's job is
to lower my character.

Make it look like
I am a bad person.

But how can they?

You work every day.

I mean, you have been
therefor Blake for three years.

You've done everything.

You'll be fine.

It's gonna be good.

It's what we've been waiting on.

She's shaking regardless.

Yeah, I haven't
ate, slept, nothing.

All right, everyone.

We're about to pray.

So everybody gather.

Father God,
we come hereagain today for one purpose,

and that's for justice
for these boys.

Let them be charged
for what they did.

Lord, be with us all today.

Give us strength.

Give these boys guidance
when they come home.

Amen.

Amen.

I hope he comes home.

Time served.

But even if he has to do
acouple more years, we've won.

This is what we needed.

We've got him to the
burglarycharge that he deserves.

So even if the worse
comes to worse,

it's just a couple more years.

And we're ready for that.

What were you feeling
going into this?

Nervous.

Um, I didn't know
what to expect.

I was expecting the worst.

I was hoping there was no
waythe judge would max him out.

But we got justice today,
and that's what we wanted,

and that's the way we've been.

10-year sentence?

Can't ask for nothing better.

He's got a year and a
half time cut after he

finishes the PLUS program.

So we're looking at it maybethree months,
he'll be free.

Yeah. - Three months?

Yes.

Yes.

Thank you.

Oh, Son!

Did you schedule
a visit for today?

Oh my goodness.

I'm just... I'm, like, sweating.

I'm just so anxious.

Been waiting on this
day for a long time.

All right.

I think we're good.

Trying to make sure
everything's ready.

OK.

I know, boy.

You anxious, too?

Are you gonna see Blakey?

Baby bird.

He's flying free now.

It's finally ending.

It's almost over.

I'm out of here, JP.

Stay out of trouble, man.

All right, hillbilly.

Be good.

What'd you say,
? What'd you say?

You need a hug?

All right, All right, guys.

Be cool, y'all.

You'll hear from me soon.

All right, Blake.

All right,

- Thank you, brother.
- Yup.

Be cool.

Yeah, I know.

I ain't coming back.

It's been 3 and 1/2
years, you know?

I just don't know
what to expect.

Kind of nervous, you know?

When I walk out
those gates today,

the entire Elkhart Four...

I want to put that behind me.

I want to be Blake.

I don't wanna be the
Elkhart Four kid.

Blake!

Blake!

It's an overwhelming
sense of love,

you know,
just to see everyonetie together like that,

and just come together
for that cause.

For me.

I think the only real way to
saythank you for all that support

and love is to do right now.

Is to get out and do the
rightthing and not disappoint.

I can stand up
and say thank you,

but actions speak
louder than words.

And for them to see me do good,
that would be the ultimate

thank you to all of them.

Here you go.

Thank you.

- Name?
- Layman.

DOC?

242576.

Awesome. Thank you, sir.

- Thank you.
- Good luck to you.

Thank you.

You're going places.

Thank you, man.

Justice for Blake!

Look at that
good-looking boy, wow!

Hey, open them
gates for that guy.

You're free, Blake!

Yes!

You're free!

Yeah!

Oh my god, you're out!

Good to see you, baby.

Your grandma wants a hug.

He looks so good.

You look so good.

I want in.

I want in!

I want some!