Moochie, qui a tué Jill Halliburton? (2023): Season 1, Episode 6 - Episode #1.6 - full transcript
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The following programme
contains strong language.
(WOMAN)'The second trial of a man
accused of murder has started.
The case has taken many turns, the
latest of which was a mistrial.'
Well, Jackie, here we go again and
it's almost three months to the day
that that mistrial was declared the
first time around.
'And a new jury now has been seated
for his retrial.
Prosecutors argue Resiles' DNA was
found in the home.
The Defence claims
someone else did it.'
Opening statements have just started
in the retrial of Dayonte Resiles
and we can already see a difference
in strategy from the Defence.
Did the husband or the son
have a role...
in the death of Jill Su?
# BABY HUEY & THE BABY SITTERS:
Hard Times
# Cold, cold eyes upon me they stare
# People all around me
and they're all in fear
# They don't seem to want me
but they won't admit
# I must be some kind of creature
up here having fits
# Having hard times
in this crazy town
# Having hard times,
there's no love to be found #
the timing of when she saw it
is important.
She testifies that it happened
some time after 12.
We don't have any police report
from a police officer,
we don't know who the police officer
is that she talked to
while on scene.
The first mention that we have of it
from any law enforcement officer
is from Detective Williams,
while Detective Williams is in the
interview room with Nan-Yao.
I'm not sure
if you talked to Betty Dutko?
Yes, we spoke to her, yeah.
Betty said she saw somebody,
something dragging something in.
Yeah.And at the time,
it's about what? What time she said?
She said, what, 12?11.15.
11.15? 11.30?
Detective Williams tells Nan-Yao
that...
..Betty Dutko
saw what she saw at 11.15.
Um, you then see Nan-Yao
try to manoeuvre that conversation
to push it to later.
Um, at the time the car is...
it's gone, right?
She said there's no car there in the
front.
I don't know. One of the
other detectives talked to her.
Yeah, because when she talking to
detective, I ask her,
"Did you see any car when that
happened?" She says no car.
That's mean
I have to have left before that.
But that's the first evidence that
we have
of when that conversation happened.
But Detective Williams
never goes to talk to her
until November 17th, 2014,
over two months later.
He goes, he has a very perfunctory
conversation with her
in which now Betty Dutko is saying
that it happened
some time after noon.
And isn't it true the information
that you had at that time
was that Miss Dutko
had seen that at 11.15am?
Objection. A, hearsay, and B,
that's not in evidence.
Sustained.Generally the rule is
that you can't testify to what other
people have told you.
We know that, but sometimes, not all
the time,
we can articulate questions so the
jury at least hears the question
and they know that there's something
out there
that they're not getting to see.
But if Betty saw
what she saw at 11.15,
Nan-Yao was home during that time.
There was no particular reason
why you were checking the cameras
in your home
on September 8th, 2014, right?
I can check any time I want.
And when you turned it on,
you just happened
to see somebody on this camera,
correct?Correct.
You called your son at 12.18, and
you first asked him
if he was the one that was on that
camera, correct?That's correct.
Because he had previously, while you
were on vacation, covered his face.
That's correct, yeah.You don't have
any workers that come to your house
and cover their face, correct?
Correct.
And the person
that you testified earlier
you thought was a man, correct?
That's correct.
In your house while your wife is
sleeping, correct?That's correct.
And you are only ten minutes away,
correct?Correct.
And you sent your son,
who at that time was 20,
to go to the house and check on that
suspicious figure?That's correct.
It just didn't make sense
that he saw this suspicious figure
who has a mask on and he would send
the only child, his youngest child,
the only child that lives with him
over to check into
this suspicious figure.
But you saw the person walk over
towards the direction
of that second drop cam,
the one that had just finished
recording, correct?That's correct.
You testified when you were talking
to the State that your intent
was to never...hate to have
recordings for that camera, correct?
That's correct.But you told
the police that your intent
was actually to pay
for a subscription service
that would record what was going on?
No, I didn't say that.
And you're sure about that?
I'm sure about that.(INDISTINCT)
I look into living room and,
basically, I have a video recording
all the time. I pay for that.OK.
And I also... With this second
camera I bought for this house,
my intention is that after the
initial 14 days expire,
I was going to go ahead
and purchase that anyway.
It does not say purchase recording.
Do you have an opinion about it?
Yeah.
He's changed stories on what
happened with the recordings,
with the camera, and why?
If the truth is the truth it
shouldn't changed.
Why does it change for him
after all this time?
That's what we tried to bring out
to the jury. After you went home,
your son still stayed, right?
Yes, correct.
And when did he...?
He moved out...2018.
When he moved out,
was there conflict
this like 20-something year old girl
starts working in his department.
He starts dating her
shortly after that,
a year and two months
after his wife's death,
and then he married her in 2017.
She wasn't even hired
until 2015, right?
That's correct.You didn't know this
woman when Ms Su died in 2014?
No, I did not know her.
All right, um...
how long did it take you
to get home?It took ten minutes.
What do you find when you get there?
Police over it.
My property
was cordoned with yellow tape.
And I saw Dayonte
sitting around somewhere.
I tried to approach him. The police
told me I can't get near to him.
I was asked to sit down.
So I sat on the lawn.
And I saw the gurney
being brought out.
I'm sorry, what?A stretcher...
..being brought out
by my front door.
And, uh, there's a body there
and cover her face with a blanket.
I start to...
You know, medical personnel,
I told them,
"Please revive her. Please!
She cannot be dead.
Do something! Do something!"
And they
just shook their heads at me.
And I just lost it.
Her body was never removed
by paramedics. Never.
She was dead.Um, yeah.
He wasn't...
He wasn't left on scene till 7.40.
Yeah and the body
had been taken out.
Williams testified that...
he was transported to the police
station...before any of this.
So when did this happen, this,
"Revive her! Revive her!"
on the gurney?It didn't.Never.
He knows that there is a suggestion
that he is involved in the murder.
I mean, we said that in our opening
statement.
And so anything that he can do to
show the jury how much he loved Jill
and how devastating this was, cuts
against that, right?
Could that be why he told the jury
that? Of course.
But of course
we know that he was 100% lying
about seeing her body
and all of that.
And Allari can use it in her closing
and we can show that to the jury.
Good afternoon. You are Justin Su?
Come on up here, please.
This is our witness stand.
Justin testifies he picks up
his parents from the airport
and then he's home with them
all night long.
You said that you picked up your
parents from the airport, correct?
Correct.Uh, you brought them home,
correct?Correct.
And then you were with them
the entire night, correct?Yes.
But then we also have several texts
between Justin and his friend,
Corey, later on that evening
about meeting up for the purpose of
smoking some kind of marijuana,
but it's...something called Dabs.
I don't know what it is.
So we felt that that directly
refuted Justin
saying he never left the house
the night before.
Whether him leaving the house
the night before
has anything to do with
what happened the next morning,
we don't know, there's no way for us
to know, but, again,
it very much shows
that Justin lied
about another part of this...
another part of this case.
But then also, there was a lot
of focus about Justin
lying about where he went,
which is important,
but I was more interested in why he
left the house to begin with,
cos I don't accept his reasoning
for leaving the house at 9.44.
I'm very interested in what happens
between 9.15 and 9.44.
You were at home, correct?Yes.
Your dad is at home, correct?
Yes.
There is a period between
9.15 and 9.44
in which all three of them are home.
We have no idea what happens during
that time.
And, finally, I wake up at 9,
9.10 or something like that.
You got up and she was still in bed?
She was still in bed.
Asleep?She was totally asleep?
When was the last time you saw your
mom?This morning
around like 9.45 right before I
left. I said, "I'm going to work."
She was just reading a book in the
living room the last time I saw her.
Something causes Justin to leave
at 9.44
to get away from the house.
And he, essentially, goes and he
sits in his car for two hours.
I mean the cause was I wanted
to appear that I was working,
that was the cause,
so I left the house.
What...? Is that what...?
That's what you want, right?
A fight between his parents would be
a reason for him to wanna leave.
Um, Jill being killed then
would be a reason for him to leave.
You know, Dad saying,
"Go! Leave the house".
And then whatever Dad does
in the next two hours.
You know, I don't know.
But he is...an emotional person
and so to me if he was going through
some sort of emotional crisis
between 9.44 and...and 12.18, um...
..he's not gonna go see people,
he's gonna go sit in his car,
and he's gonna be with himself
in his car.
You left your home at 9.44am,
leaving your dad and your mom
all alone,
to go sit in your car
in (INDISTINCT)?
Objection. Asked and answered.
Sustained.
Something happened
between that time period
that, again, caused Justin
to wanna leave the house.
But then also it was really
important for me to emphasise
that what he did upon finding his
mom, it never, ever made any sense.
This line here
goes round the top of the tub.
Is that how high the water was
when you were there?I think so.
For Justin to have lifted
his mother, who weighed
more than him, um, out of the tub,
out of this tub that is filled
to the brink, um,
there would have been a mess.
I mean, it would have been a mess
of bloody water all over the floor.
And yet this floor was bone dry.
I mean, it wasn't just
there was a little bit of water,
there was no water at all.
You attempted to do CPR on your mom?
Yeah.
I...Did you do that before or after
you called your dad?
I did that as soon
as I took my mom out of the tub.
He calls 911 after he's taken her
out of the tub, after he's done CPR,
after he's supposedly
done mouth to mouth.
That process, all of that process,
necessarily,
would have shown
that she was tied up
and that she had all of these stab
wounds, but when he calls 911,
he says she committed suicide.
The jury can see that there is no
way that he could not have known
that his mom was murdered
before he called 911.
During this time,
you're walking through
multiple parts of the home, correct?
Yes.
And, again, you didn't stop to put
shoes on, correct?Correct.
But there are no bloody footprints,
there's no footprints at all.
There's no blood on, you know,
the front door,
on the sliding glass door.You would
have touched the sliding door,
you would have blood on the sliding
door handle of your mom's.Yes.
And you would have blood
on the lock on the front door.Yes.
Do you agree with me?I...
Yes, I agree with you.
That should be there.Right. And if
there isn't, what does that mean?
And so the physical evidence simply
doesn't support Justin's story
of removing his mom from the tub.
It's not enough that the Defence
has to attack Nan-Yao and Justin
and make it appear that they're
responsible for this crime,
they need to discredit
the DNA evidence.
It is the most important piece of
evidence
linking Dayonte Resiles to the crime
scene.
Good afternoon.Afternoon.
How are you?Good, thank you.
Um, the Broward Sheriff's Office
has a crime lab that tests for DNA,
correct?That's correct.
And yet in this case, you directed
that those swabs be sent to this
place in Tampa, correct?
The Florida Department
of Law Enforcement, yeah.
The FDLE lab?
What happened with these swabs
was very, very, very unusual.
I have never seen a case
where...law enforcement
sent swabs...out of Broward County
so early in an investigation.
The few times where we see DNA
being sent to a specialised lab
is when it's already been analysed
here in Broward County
and there needs some sort of
specialisation in the analysis.
Then, it's your testimony
that on September... 11th,
the following day, you...
got another call
from somebody at FDLE
and said, "Actually,
we're not gonna test it."Correct.
Detective Williams says, "I called
FDLE and FDLE told me
that they could do it."
Then he says, "The next day,
FDLE calls me and tells me, 'Oops!
Sorry, actually we can't do it.'"
And FDLE sends the swabs
back to you, correct?Correct.
Now, instead of trying
to get people to believe
that this is not... You know,
that the identification with Dayonte
is an error, now we're trying to get
people to believe
that the identification with Dayonte
is not a mistake, it's sabotage.
There are no initials
over the evidence tape
for the packages themselves. Um,
we know that those boxes are...
you know,
boxes that these swabs come in.
Every law enforcement agency
everywhere has those same boxes.
And so, you know, it's important for
the jury to see that.
Like,
this is the most important evidence
that the State has against Dayonte.
And from September 10th
to September 12th,
they are again inexplicably
and very, very unusually
sent out of the county.
And we certainly don't know
what was happening to those swabs
in the meantime.
And miraculously five days later,
Dayonte's DNA shows up
on two of 'em.
Thank you.
(INDISTINCT CHATTER)
(HIP—HOP MUSIC PLAYS ON PHONE)
The board, the board, the board.
(MUSIC CONTINUES)
Not guilty!
(MUSIC / CHATTER)
That might be him over here.
(INDISTINCT CHATTER)
If you had a message for Dayonte,
what would it be?
Whoo!
It would be a lot,
but to sum it up...
..you will win. (LAUGHS)
That's it. You will win.
Ma'am. Good morning.
You look very nice.Why, thank you.
For seven and a half years,
Mr Resiles
has been locked up
for 23 hours a day.
Out for only one hour. It's his
only time for human interaction
if someone is in the block.
For one hour a day,
for seven and a half years.
He has had to wait until this day
till you get to decide if for seven
and a half years
the State has done everything that
they could to prove to you
that he committed this murder
beyond the exclusion
of every reasonable doubt.
They have to do that.
They had seven and a half years
to bring you all the evidence, to
test everything they needed to test,
to bring you witnesses, to bring you
concrete, credible proof
that he killed Jill Su. And seven
and a half years they wasted,
because they did not do that.
What they've shown you here today
is not in any way proof
that Dayonte killed Jill Su at all!
"I start to yell...
at the medical personnel.
I told them, 'Please revive her!
Please! She cannot be dead.
Do something! Do something!'
And they just shook their head.
The worse memory,
it just felt very...
I totally lost any sense of time."
He just said
he saw her body under the cover.
And he's begging "Revive her! Revive
her! Please revive her! My wife!"
And they look at him
and they nod their head no.
And they take the body and then he
gets taken to the Police Department.
And that's pretty powerful, right?
That's... You have an image of
a distraught husband seeing that.
Is it true?
It's not true.
Because what do we know?
(MURMURING)
That body was picked up at 7.40pm.
He's already
in the Police Department,
his interview had already started.
So why is he saying that?
It's a complete lie!
That never happened.
(INDISTINCT CHATTER)
(JUDGE) What's going on?
Very dramatically,
we get that clip
of Dr Su at the end,
saying that when he saw
the EMS people coming out
with a gurney and a body bag, he
assumed that was his wife's body,
and he yelled at them,
"Revive them!"
And they shook their head, no.
How did he know
what was in that body bag?
How did he know that the body stays
there, when there's nothing
they can do for the body,
until the Medical Examiner arrives?
That was the impression that he got.
And then, how did he explain away
the DNA?
The only attack
that she can do on the DNA
is by saying that it went to FDLE.
OK, let's analyse that.
The implication to Counsel's
argument would be that the FDLE guys
decide,
"Hmm. Davie PD suspects the son.
So let's really thrown a monkey
wrench into their investigation.
Let's plant somebody's DNA
in this stuff.
But we're not gonna put his DNA
on all of the items,
we're gonna put his DNA
on two of the items.
And on one of the items, we're just
gonna put a little bit of DNA.
Just enough so that now
they can't detect it,
but in 2017 and 2018 and 2019,
when they get more sophisticated
testing equipment,
then they'll be able to find it."
(MURMURING)
That's the argument, people.
If you take it to its logical
conclusion, that's the argument!
You've got to remember common sense.
The science puts him there.
The science
puts his hands on a weapon.
The science puts his hands
on an item that tied Mrs Su up.
(MURMURING)
But there's also a possibility
you can infer from the evidence,
he wasn't alone.
Maybe when Dr Su said,
"He looked white to me,"
maybe there was
a white guy with him.(MURMURING)
Maybe.
We don't know,
but you know what we do know?
There being another guy with him
does not excuse him.
Does not exonerate him.
Does not...relieve him of
responsibility
in any way, shape or form.
Well, we finally learned,
you know, she conceded...
maybe there was somebody else.
Maybe there was a white person.
She has to.
No, I know but...how else...?
At least I brought it up that -
Oh, but she realised obviously in
the first trial
that didn't go so well for her.
Yeah.
For deliberations we have to all be
here.Yeah, if we get a question...
Right, that's what I was thinking.
Some people were leaving.
Can I wear my Free Moochie T-shirt?
(ALL LAUGH)
Yes.I think we're gonna have
a verdict...Thursday.
Of not guilty?Of not guilty.
Yes.
And if it's not guilty,
I'm going to be bawling crying.
This cannot be
guilty of first degree murder.
It cannot.(SIGHS)It cannot.
Ladies and gentlemen, I've received
a jury inquiry form.
It says request new evidence. And
then it goes testimonies, Elijah...
(READS LIST OF WITNESSES NAMES)
..Justin Su, Dr Su.
There is absolutely no chance
that we have the wrong guy.
And when you know everything else
that you need to know
about this young man,
you would have no doubt.
Unfortunately, the jury doesn't know
everything about him,
but if they did, they would not be
out there
struggling like they are now.
(PRODUCER)
What exactly are you referring to?
I'm referring about the fact that he
commits burglaries continuously
that match the exact same manner of
this burglary.
Those are not coincidences.
Those are things that he has done
and that are very, very consistent
with what he did here.
We do not have the wrong guy.
The jury doesn't know this,
so they may get it wrong,
but we didn't get it wrong.
Did I just get
a little too passionate there?
No, it's fine.It's just that the
idea that someone who could just...
Someone who could just kill somebody
who's sleeping in their house
for no reason other than they don't
want to get caught...
is so offensive.
It's so wrong.
It could have been anybody.
(INDISTINCT CHATTER)
(INDISTINCT CHATTER)
(INDISTINCT)
(INDISTINCT CHATTER)
All right.
Could you bring in the jury.I will.
Thank you. Please be seated.
Let the record once again reflect
the presence of the Defendant,
Mr Resiles' Counsel,
Assistant State Attorney, the ladies
and gentlemen of the jury.
It is my understanding that you have
reached a verdict, is that correct?
Yes, sir.
(INDISTINCT CHATTER)
Thank you.
Will you publish the verdict,
please.
And who is the Foreperson?
(INDISTINCT)Thank you.
Ladies and gentlemen,
at this time,
I am going to excuse you today.
We don't have a penalty phase
set up yet.
(INDISTINCT) ..could set this...
for some time next week to find out
when we'll be able to do the...
set this phase of the trial. What
I'd like to do
is if we could discuss that some
time next week,
give everybody a chance to think
about it and discuss that next week.
Let's go. Com on, let's go.
(INDISTINCT CHATTER)
Then we'll have a penalty phase.
We're gonna be back
April 1st to set that.
But before then we're gonna have a
meeting with the State Attorney
to see if we can avoid that.
(INDISTINCT CHATTER / CRYING)
And keep on going over this here.
And they two Su's
got a major part in this here.
I swear before God,
I just want the truth to come out.
(INDISTINCT CHATTER)Listen. Again,
this is not the end of the fight.
He's gonna have... You know, we
have to deal with the second phase.
So you mean to tell me
they're saying first degree?
That's the death penalty.
They're gonna kill my child
for something that daddy did.
Here's what I will say.
Lord Jesus!
Here's what I wanna say.
Is that a potential sentence? Yes.
But we're gonna try like hell to
talk to them beforehand.(SOBBING)
We're gonna still be fighting.
OK.It's not over.OK.
All right?OK.(SOBBING)
Y'all will talk to Dayonte before I
do, tell him I love him,
keep his head up and God knows we're
still praying because we know...
God gonna open up them doors.
Most definitely.
I was in contact with Dr Su, I was
in contact right before the verdict
and immediately I texted him and let
him know.
And he is relieved. You know,
everyone wants there to be closure.
Everyone wants to be able
to move on.
No one will ever forget Mrs Su,
but they wanna be able to move on,
and this hopefully will give them
that sense of closure
that they so desperately needed.
I...still don't really fully know.
I don't. I was... I ended up being
fine with the guilty part, yeah.
Um...
but...the thing was...
there's a thing called principle,
whereas if...if you were there
and assisted the person who did it
in any way,
you're treated as the person
who did it.
And...
we had nobody
to interpret that for us,
we had to do it ourselves.
And we were all like, "Well, we
don't believe that he did it,
but...the DNA says he's there."
To the septillionth.
So...by what they gave us...
to determine this,
that would technically
make him guilty.
We got to the point,
"OK, this is what it is,"
and then like when we read the
principles, like,
"Why are we even here?" It
just makes a lot of stuff moot.
And...
..it's like a math equation
that you can't check.
You know, it's like you solve this
problem,
but you can't check to see if you
made the right equation,
you can't check your work.
Damn...did I do right?
Because, see,
the thing is, if I failed,
that means that that person's killer
is still out there.
You know. And there was technically
no justice served for this woman.
New for you at Noon. Prosecutors
will no longer
be seeking the death penalty for a
man convicted of murdering a woman
in her Davie home in 2014.
Yeah, the announcement
was made at a hearing this morning
for Dayonte Resiles,
who was found guilty last month
of killing that mother in Davie.
Immediately after the conviction,
both Miss Schneider and Miss McGuire
came up to us at the Defence table
and suggested...
They themselves suggested that we
reach out to Harold Prior,
the State Attorney, to talk about
waiving the death penalty.
I think that they, having been
through that second trial,
they knew that a death sentence was
very, very unlikely.
I mean the State ended up conceding
that there could have been
or very well was another person.
And, you know, "We'll get... You
know, if we ever catch that person,
we'll deal with that person
at the time."
And that was a big concession.
I believe it's what allowed them
ultimately to get their conviction,
but on the flip side of that,
we believe very firmly
that there was no way
that all 12 jurors
were convinced beyond all reasonable
doubt
that Dayonte actually murdered Jill.
And because of that,
we didn't think that they were gonna
go for the death penalty.
You know, I think it became obvious
that this was not...
a death penalty case.
I don't think
this person is normal person.
He's a psychopath.
And psychopath like that, I don't
mind seeing them
on the table
with a lethal injection.
In fact, I already told my family
that if that happened,
I would probably go see it
as a witness.
But, oh, well,
I have to respect Jill's wish.
I know her very well.
She is a very, very merciful person.
She is not a vengeance person.
Besides, she would not want
to make a decision
result in somebody's death.
That's not her.
We all three of us
all agree with that one.
So with that, that's our primary
reason to say,
"OK, let's go with life in prison.
We don't care."
We need to honour what she
would think, she would feel.
That's more important
than anything else.
That allow us to put this chapter...
close this book...
..and then move on with our life.
I just can't be, you know,
stagnant about the situation,
I gotta keep moving forward
in trying to do what's right.
So trying to raise a little money.
Somebody may put $50
out of their paycheque, $100.
You know, we're getting money,
saving it and just gonna invest it
and try to get him free.
We're looking for different lawyers.
Nobody around here can rest
until Moochie's able to rest,
free outside of that system
right there in his own bed.
The job's not done yet. Gotta
keep going, the job is not done.
Huh? Come on, leave it alone.
It just broke.I know it's broke.
The whole system broke bad,
but we gonna fix it.
Every kid wants the same things,
they wanna be loved,
they wanna have whatever food they
want, they wanna have nice clothes,
they wanna have nice things. I mean,
we all have
the same wants and desires.
And I think that there
are some children who, sadly,
grow up in circumstances where they
really don't see a way for them
to attain those things
in a pro-social way,
in an acceptable way,
so they turn to crime for it.
I don't think it's just a matter of
someone being born evil, you know,
I think a lot of societal things
that contribute to the behaviour,
but the vast majority of kids who do
live under those circumstances
don't kill people. So just because
there are factors
that contribute to it,
we do not excuse the behaviour.
We spent so many hours together,
so much time getting to know him as
a person.
Helping him when there's difficulty
in the jail
and helping address his concerns.
It's what you do with your friends,
you listen to their grievances, you
try to help them out,
you look out for them. I do think
that we would consider him
like a friend.
He was trying to make us feel better
when the conviction came down.
Like...you know...
..having us, you know, realise
how grateful he was for us...
fighting for him.
A couple weeks ago, we all met with
him in the jail
while we were still going through
the death penalty waiver process.
Um, and at the end he...said,
"You know, before we're done,
I just wanna say thank you,"
and spoke for a good, you know,
ten minutes, um, talking to us.
He was crying, we were crying.
Um, and I think
that doesn't usually happen.
Mike wasn't crying.(LAUGHS)
(ALL LAUGH)
(PRODUCER)You're so hard, Mike.
(LAUGHS)Oh, God!
Is Dayonte Resiles simply a charmer?
Is he just somebody who...
can gather people to his cause
because of his charisma?
Or is he a killer who manipulates
those who...
who he befriends in order to cover
up the crime that he committed?
(BIRDSONG)That's
the central question in this case.
We are here on the set
of Moochie's video, RIP.
It's not for just entertainment, you
know, it's to...to bring about
awareness to his situation,
along with a lot of people who's in
his situation.
A way to give them a voice as well.
In the back of my mind,
I know that this is not the end.
And I really hope
he knows that, you know.
So this is just an example of how
we're still gonna put in that effort
to keep his name alive.
We see cases a few times a year, and
they probably happen more than that,
where somebody went to jail
for 18 years
for a murder they didn't commit.
30 years
for a murder they didn't commit.
How many guys are in there for stuff
they didn't do?Freeze!
Once you put these...
almost legal malpractice
on top of a general mistrust,
it creates this big wall
to where you have a tough time
trusting anything.
Get out! I said don't move!
(INDISTINCT CHATTER)
One more take when we're able.'
In the case of Dayonte,
DNA evidence is tough to fight,
but if you have a tremendous
scepticism about the whole system,
as I'm sure his family does,
then you think
"They're just trying to stick it
to another young, black man."
There's a lot of cynicism,
there's a lot of mistrust,
and it doesn't help anybody...
you know.
But...
exactly how...
do you expect us to feel...
..when this happens time after time?
(INDISTINCT CHATTER)
I ain't slept since Friday.
You hear me?
I've been fucking crying, drinking.
I-I'm just gonna tell you
the blood ass raw truth.
This shit is hurtful.
We had to put our families...
through this situation
because of somebody's prior past.
And judge them, and just sit there,
throw a book at somebody and say
that they committed this crime.
He did not do it. I would not
be here. You understand me?
(BIRDSONG)
The State asked
if we were interested
in resolving the other cases.
Obviously we were because, you know,
we're hopeful
that Dayonte gets an appeal,
so not spend the rest of his life
in prison, but these other cases,
if we try them and we don't win,
he can get life sentences
on some of the pending cases
or the ones that don't have
a maximum of life,
they can be stacked
where he can be incarcerated
to what would be the equivalent
of the rest of his life.
The deal that we made
gives him hope, right?
And so he's gonna do 15 years on...
all of those other cases.
He'll do 85% of whatever's left,
so he'll be done with those cases
in eight and a half years or so.
Um, and then...
Which means that, you know,
if the appeal is successful,
then he has hope of getting out.
(INDISTINCT CHATTER)
(INDISTINCT CHATTER)
We're all set? I'll ask you
back to order, please.
This being the State of Florida
versus Dayonte...Resiles.
So we're here on the sentencing
on the first degree murder.
And you wanna add some statements
by the witnesses?Yes, Your Honour.
You may call.
(INDISTINCT CHATTER)
Good afternoon, sir.
Jill is the kind of person
who could have helped you.
Instead, you killed her.
No, you did not just kill her.
No, you didn't.
You killed her in cold blood,
like a psychopath.
I understand you'd been breaking
into people's houses
since you were like, what, 14 years?
And every time you get arrested,
you should say, "I better quit."
You would think
upon some incredible scheme
to see
if you can improve your chance
of not being caught the next time.
So you have a plan
before you come to my house.
"If there is some homeowners here,
this is what I will do."
What did you do?
You stabbed her more than 25 times.
Why? Because you tried to make it
look like a murder
what happened in rage.
Meaning that somebody who know her
and was very mad at her kill her.
Naturally,
this could be family member.
You put hot water in the bath tub
because you know
forensic estimate the time of death
is based on body temperature.
If you keep the body warm,
you cannot estimate that way.
Until somebody lift the body out,
the cooling start from that point.
Meaning that it can implicate the
person who lift the body out.
In this case, it was my son, Justin.
You almost succeeded.
If it's not for DNA evidence,
you almost succeed.
Throughout history, we depict evil
as the one with the red face,
bloodshoted eyes, fang with blood
dripping out from the mouth.
No, all wrong.
We are all wrong.
The real evil looks like that.
That is the face of evil
sitting there.
An evil like you...should not
allowed to be roam amongst us.
After this today...
..I'm gonna erase you
from my memory.
In my mind, you are...
person who don't matter.
You do not exist.
And we're going to make sure we live
happily for the rest of our life...
..while you rot in jail.
(CLEARS THROAT)
(INDISTINCT CHATTER)
You can't...
..describe how...
what the does to a human being.
What that does to see
the most beloved person
in your whole entire life...
be treated like that.
It is...mind breaking.
And it really frustrates me, because
I wanna be the stronger person
and move on with my life, but I know
for a fact that until the day I die
it's gonna affect me from
what I witnessed and went through.
And that's just one aspect of it,
and here's the other aspect that's
in this courtroom right now,
there are a whole...entourage
of people that you have,
it really affects me when you're
taking the air and wind
out of the sail of other people,
OK? Those people out there,
they could be using that energy to
go help people in Buffalo, New York.
They could be
using their energy elsewhere,
but, no, they're using their energy
to support a murderer.
George Floyd, BLM, all those, taking
all those people away from it.
And...on that road, Dayonte,
to whether picking metal or pine,
that's gonna be your last decision
you're gonna make.
Have fun watching everyone you know,
that you think love you
and that love you, slowly go on with
their lives
and just forget about who you were.
You slowly become nothing
and you're gonna be very lonely
in a very tiny spot...
for the rest of your life.
And...that doesn't make me
sleep better at night,
but...just know that that's a fact.
Just like the fact
that you murdered my mother,
that's a fact that that's what the
rest of your life will look like.
Thank you. I'm done.
(INDISTINCT CHATTER)
(INDISTINCT CHATTER)
(SHUTTER CLICKS)
(DEYONTE SPEAKS INDISTINCTLY)
That's fine.
(CHAINS RATTLE)
Mr Resiles, have a seat.
Have a seat. I'm gonna swear you in,
but you can be seated.
Do you solemnly swear that what
you're about to give in this court
is the truth, the whole truth and
nothing but the truth?Yes, I do.
Thank you. Put your hand down and
tell me your true and lawful name.
My true and lawful name
is Dayonte Resiles.
Just spell your last name
for the court reporter, please.
R-E-S-I-L-E-S.Thank you.
I don't mean to come off combative.
I be sitting in that place,
I would feel the same way.
If somebody
was to take my momma from me,
I would feel those same feelings.
If somebody took my wife from me,
I would feel those same feelings.
But it's just hard for me
to cradle my soul in a sense...
when what I'm being accused of...
is beyond me.
And then...you say, Justin,
people will leave me
one by one.
Nobody is obligated to stay with me
along my journey.
Once I...
what I've said is concluded...
..everybody in this room
will walk out,
go through that door
and go on with their life.
You guys are absolutely correct,
I will leave,
go through that side door...
and be transported to prison.
But...any day,
at any hour, any decade,
if it will provide you guys
with the solace...
..they can hook me up to
a polygraph test at any given time,
ask me any question they wish...
and my answer will remain the same.
I did not kill Mrs Su.
And that's all I have to say.
And to my family...
I love y'all, I don't want y'all...
don't cry for me.
No matter what I gotta go through,
I'll get through it.
It doesn't bother me,
it's not gonna bother me.
It's just...
a small bump in the road.
I'll continue along in my fight.
But just do...
tell my daughter for me...
..just let her know I love her.
And y'all don't gotta...
y'all don't gotta cry for me,
I'll be fine.
And to my attorneys,
I wanna tell you guys...
..I really appreciate it,
I'm grateful and thankful.
Everyone through this process...
you guys
became sort of family figures to me.
And I've had this conversation
with you guys multiple times...
..but I thank you guys
for everything.
And though my tears fall...
I'll be all right.
(SHUTTER CLICKS)Thank you.
Yes, sir.
(SHUTTER CLICKS)
(CHAINS RATTLE)
Anything else before I pronounce
sentence regarding this case?
Mr Resiles, the jury having found
you guilty
of murder in the first degree as
charged in the indictment
under case number
14-1-2-6-5-7-C-F-10A.
The court now finds you
guilty, adjudication guilty,
and sentences you to life in prison.
(INDISTINCT CHATTER)
The following programme
contains strong language.
(WOMAN)'The second trial of a man
accused of murder has started.
The case has taken many turns, the
latest of which was a mistrial.'
Well, Jackie, here we go again and
it's almost three months to the day
that that mistrial was declared the
first time around.
'And a new jury now has been seated
for his retrial.
Prosecutors argue Resiles' DNA was
found in the home.
The Defence claims
someone else did it.'
Opening statements have just started
in the retrial of Dayonte Resiles
and we can already see a difference
in strategy from the Defence.
Did the husband or the son
have a role...
in the death of Jill Su?
# BABY HUEY & THE BABY SITTERS:
Hard Times
# Cold, cold eyes upon me they stare
# People all around me
and they're all in fear
# They don't seem to want me
but they won't admit
# I must be some kind of creature
up here having fits
# Having hard times
in this crazy town
# Having hard times,
there's no love to be found #
the timing of when she saw it
is important.
She testifies that it happened
some time after 12.
We don't have any police report
from a police officer,
we don't know who the police officer
is that she talked to
while on scene.
The first mention that we have of it
from any law enforcement officer
is from Detective Williams,
while Detective Williams is in the
interview room with Nan-Yao.
I'm not sure
if you talked to Betty Dutko?
Yes, we spoke to her, yeah.
Betty said she saw somebody,
something dragging something in.
Yeah.And at the time,
it's about what? What time she said?
She said, what, 12?11.15.
11.15? 11.30?
Detective Williams tells Nan-Yao
that...
..Betty Dutko
saw what she saw at 11.15.
Um, you then see Nan-Yao
try to manoeuvre that conversation
to push it to later.
Um, at the time the car is...
it's gone, right?
She said there's no car there in the
front.
I don't know. One of the
other detectives talked to her.
Yeah, because when she talking to
detective, I ask her,
"Did you see any car when that
happened?" She says no car.
That's mean
I have to have left before that.
But that's the first evidence that
we have
of when that conversation happened.
But Detective Williams
never goes to talk to her
until November 17th, 2014,
over two months later.
He goes, he has a very perfunctory
conversation with her
in which now Betty Dutko is saying
that it happened
some time after noon.
And isn't it true the information
that you had at that time
was that Miss Dutko
had seen that at 11.15am?
Objection. A, hearsay, and B,
that's not in evidence.
Sustained.Generally the rule is
that you can't testify to what other
people have told you.
We know that, but sometimes, not all
the time,
we can articulate questions so the
jury at least hears the question
and they know that there's something
out there
that they're not getting to see.
But if Betty saw
what she saw at 11.15,
Nan-Yao was home during that time.
There was no particular reason
why you were checking the cameras
in your home
on September 8th, 2014, right?
I can check any time I want.
And when you turned it on,
you just happened
to see somebody on this camera,
correct?Correct.
You called your son at 12.18, and
you first asked him
if he was the one that was on that
camera, correct?That's correct.
Because he had previously, while you
were on vacation, covered his face.
That's correct, yeah.You don't have
any workers that come to your house
and cover their face, correct?
Correct.
And the person
that you testified earlier
you thought was a man, correct?
That's correct.
In your house while your wife is
sleeping, correct?That's correct.
And you are only ten minutes away,
correct?Correct.
And you sent your son,
who at that time was 20,
to go to the house and check on that
suspicious figure?That's correct.
It just didn't make sense
that he saw this suspicious figure
who has a mask on and he would send
the only child, his youngest child,
the only child that lives with him
over to check into
this suspicious figure.
But you saw the person walk over
towards the direction
of that second drop cam,
the one that had just finished
recording, correct?That's correct.
You testified when you were talking
to the State that your intent
was to never...hate to have
recordings for that camera, correct?
That's correct.But you told
the police that your intent
was actually to pay
for a subscription service
that would record what was going on?
No, I didn't say that.
And you're sure about that?
I'm sure about that.(INDISTINCT)
I look into living room and,
basically, I have a video recording
all the time. I pay for that.OK.
And I also... With this second
camera I bought for this house,
my intention is that after the
initial 14 days expire,
I was going to go ahead
and purchase that anyway.
It does not say purchase recording.
Do you have an opinion about it?
Yeah.
He's changed stories on what
happened with the recordings,
with the camera, and why?
If the truth is the truth it
shouldn't changed.
Why does it change for him
after all this time?
That's what we tried to bring out
to the jury. After you went home,
your son still stayed, right?
Yes, correct.
And when did he...?
He moved out...2018.
When he moved out,
was there conflict
this like 20-something year old girl
starts working in his department.
He starts dating her
shortly after that,
a year and two months
after his wife's death,
and then he married her in 2017.
She wasn't even hired
until 2015, right?
That's correct.You didn't know this
woman when Ms Su died in 2014?
No, I did not know her.
All right, um...
how long did it take you
to get home?It took ten minutes.
What do you find when you get there?
Police over it.
My property
was cordoned with yellow tape.
And I saw Dayonte
sitting around somewhere.
I tried to approach him. The police
told me I can't get near to him.
I was asked to sit down.
So I sat on the lawn.
And I saw the gurney
being brought out.
I'm sorry, what?A stretcher...
..being brought out
by my front door.
And, uh, there's a body there
and cover her face with a blanket.
I start to...
You know, medical personnel,
I told them,
"Please revive her. Please!
She cannot be dead.
Do something! Do something!"
And they
just shook their heads at me.
And I just lost it.
Her body was never removed
by paramedics. Never.
She was dead.Um, yeah.
He wasn't...
He wasn't left on scene till 7.40.
Yeah and the body
had been taken out.
Williams testified that...
he was transported to the police
station...before any of this.
So when did this happen, this,
"Revive her! Revive her!"
on the gurney?It didn't.Never.
He knows that there is a suggestion
that he is involved in the murder.
I mean, we said that in our opening
statement.
And so anything that he can do to
show the jury how much he loved Jill
and how devastating this was, cuts
against that, right?
Could that be why he told the jury
that? Of course.
But of course
we know that he was 100% lying
about seeing her body
and all of that.
And Allari can use it in her closing
and we can show that to the jury.
Good afternoon. You are Justin Su?
Come on up here, please.
This is our witness stand.
Justin testifies he picks up
his parents from the airport
and then he's home with them
all night long.
You said that you picked up your
parents from the airport, correct?
Correct.Uh, you brought them home,
correct?Correct.
And then you were with them
the entire night, correct?Yes.
But then we also have several texts
between Justin and his friend,
Corey, later on that evening
about meeting up for the purpose of
smoking some kind of marijuana,
but it's...something called Dabs.
I don't know what it is.
So we felt that that directly
refuted Justin
saying he never left the house
the night before.
Whether him leaving the house
the night before
has anything to do with
what happened the next morning,
we don't know, there's no way for us
to know, but, again,
it very much shows
that Justin lied
about another part of this...
another part of this case.
But then also, there was a lot
of focus about Justin
lying about where he went,
which is important,
but I was more interested in why he
left the house to begin with,
cos I don't accept his reasoning
for leaving the house at 9.44.
I'm very interested in what happens
between 9.15 and 9.44.
You were at home, correct?Yes.
Your dad is at home, correct?
Yes.
There is a period between
9.15 and 9.44
in which all three of them are home.
We have no idea what happens during
that time.
And, finally, I wake up at 9,
9.10 or something like that.
You got up and she was still in bed?
She was still in bed.
Asleep?She was totally asleep?
When was the last time you saw your
mom?This morning
around like 9.45 right before I
left. I said, "I'm going to work."
She was just reading a book in the
living room the last time I saw her.
Something causes Justin to leave
at 9.44
to get away from the house.
And he, essentially, goes and he
sits in his car for two hours.
I mean the cause was I wanted
to appear that I was working,
that was the cause,
so I left the house.
What...? Is that what...?
That's what you want, right?
A fight between his parents would be
a reason for him to wanna leave.
Um, Jill being killed then
would be a reason for him to leave.
You know, Dad saying,
"Go! Leave the house".
And then whatever Dad does
in the next two hours.
You know, I don't know.
But he is...an emotional person
and so to me if he was going through
some sort of emotional crisis
between 9.44 and...and 12.18, um...
..he's not gonna go see people,
he's gonna go sit in his car,
and he's gonna be with himself
in his car.
You left your home at 9.44am,
leaving your dad and your mom
all alone,
to go sit in your car
in (INDISTINCT)?
Objection. Asked and answered.
Sustained.
Something happened
between that time period
that, again, caused Justin
to wanna leave the house.
But then also it was really
important for me to emphasise
that what he did upon finding his
mom, it never, ever made any sense.
This line here
goes round the top of the tub.
Is that how high the water was
when you were there?I think so.
For Justin to have lifted
his mother, who weighed
more than him, um, out of the tub,
out of this tub that is filled
to the brink, um,
there would have been a mess.
I mean, it would have been a mess
of bloody water all over the floor.
And yet this floor was bone dry.
I mean, it wasn't just
there was a little bit of water,
there was no water at all.
You attempted to do CPR on your mom?
Yeah.
I...Did you do that before or after
you called your dad?
I did that as soon
as I took my mom out of the tub.
He calls 911 after he's taken her
out of the tub, after he's done CPR,
after he's supposedly
done mouth to mouth.
That process, all of that process,
necessarily,
would have shown
that she was tied up
and that she had all of these stab
wounds, but when he calls 911,
he says she committed suicide.
The jury can see that there is no
way that he could not have known
that his mom was murdered
before he called 911.
During this time,
you're walking through
multiple parts of the home, correct?
Yes.
And, again, you didn't stop to put
shoes on, correct?Correct.
But there are no bloody footprints,
there's no footprints at all.
There's no blood on, you know,
the front door,
on the sliding glass door.You would
have touched the sliding door,
you would have blood on the sliding
door handle of your mom's.Yes.
And you would have blood
on the lock on the front door.Yes.
Do you agree with me?I...
Yes, I agree with you.
That should be there.Right. And if
there isn't, what does that mean?
And so the physical evidence simply
doesn't support Justin's story
of removing his mom from the tub.
It's not enough that the Defence
has to attack Nan-Yao and Justin
and make it appear that they're
responsible for this crime,
they need to discredit
the DNA evidence.
It is the most important piece of
evidence
linking Dayonte Resiles to the crime
scene.
Good afternoon.Afternoon.
How are you?Good, thank you.
Um, the Broward Sheriff's Office
has a crime lab that tests for DNA,
correct?That's correct.
And yet in this case, you directed
that those swabs be sent to this
place in Tampa, correct?
The Florida Department
of Law Enforcement, yeah.
The FDLE lab?
What happened with these swabs
was very, very, very unusual.
I have never seen a case
where...law enforcement
sent swabs...out of Broward County
so early in an investigation.
The few times where we see DNA
being sent to a specialised lab
is when it's already been analysed
here in Broward County
and there needs some sort of
specialisation in the analysis.
Then, it's your testimony
that on September... 11th,
the following day, you...
got another call
from somebody at FDLE
and said, "Actually,
we're not gonna test it."Correct.
Detective Williams says, "I called
FDLE and FDLE told me
that they could do it."
Then he says, "The next day,
FDLE calls me and tells me, 'Oops!
Sorry, actually we can't do it.'"
And FDLE sends the swabs
back to you, correct?Correct.
Now, instead of trying
to get people to believe
that this is not... You know,
that the identification with Dayonte
is an error, now we're trying to get
people to believe
that the identification with Dayonte
is not a mistake, it's sabotage.
There are no initials
over the evidence tape
for the packages themselves. Um,
we know that those boxes are...
you know,
boxes that these swabs come in.
Every law enforcement agency
everywhere has those same boxes.
And so, you know, it's important for
the jury to see that.
Like,
this is the most important evidence
that the State has against Dayonte.
And from September 10th
to September 12th,
they are again inexplicably
and very, very unusually
sent out of the county.
And we certainly don't know
what was happening to those swabs
in the meantime.
And miraculously five days later,
Dayonte's DNA shows up
on two of 'em.
Thank you.
(INDISTINCT CHATTER)
(HIP—HOP MUSIC PLAYS ON PHONE)
The board, the board, the board.
(MUSIC CONTINUES)
Not guilty!
(MUSIC / CHATTER)
That might be him over here.
(INDISTINCT CHATTER)
If you had a message for Dayonte,
what would it be?
Whoo!
It would be a lot,
but to sum it up...
..you will win. (LAUGHS)
That's it. You will win.
Ma'am. Good morning.
You look very nice.Why, thank you.
For seven and a half years,
Mr Resiles
has been locked up
for 23 hours a day.
Out for only one hour. It's his
only time for human interaction
if someone is in the block.
For one hour a day,
for seven and a half years.
He has had to wait until this day
till you get to decide if for seven
and a half years
the State has done everything that
they could to prove to you
that he committed this murder
beyond the exclusion
of every reasonable doubt.
They have to do that.
They had seven and a half years
to bring you all the evidence, to
test everything they needed to test,
to bring you witnesses, to bring you
concrete, credible proof
that he killed Jill Su. And seven
and a half years they wasted,
because they did not do that.
What they've shown you here today
is not in any way proof
that Dayonte killed Jill Su at all!
"I start to yell...
at the medical personnel.
I told them, 'Please revive her!
Please! She cannot be dead.
Do something! Do something!'
And they just shook their head.
The worse memory,
it just felt very...
I totally lost any sense of time."
He just said
he saw her body under the cover.
And he's begging "Revive her! Revive
her! Please revive her! My wife!"
And they look at him
and they nod their head no.
And they take the body and then he
gets taken to the Police Department.
And that's pretty powerful, right?
That's... You have an image of
a distraught husband seeing that.
Is it true?
It's not true.
Because what do we know?
(MURMURING)
That body was picked up at 7.40pm.
He's already
in the Police Department,
his interview had already started.
So why is he saying that?
It's a complete lie!
That never happened.
(INDISTINCT CHATTER)
(JUDGE) What's going on?
Very dramatically,
we get that clip
of Dr Su at the end,
saying that when he saw
the EMS people coming out
with a gurney and a body bag, he
assumed that was his wife's body,
and he yelled at them,
"Revive them!"
And they shook their head, no.
How did he know
what was in that body bag?
How did he know that the body stays
there, when there's nothing
they can do for the body,
until the Medical Examiner arrives?
That was the impression that he got.
And then, how did he explain away
the DNA?
The only attack
that she can do on the DNA
is by saying that it went to FDLE.
OK, let's analyse that.
The implication to Counsel's
argument would be that the FDLE guys
decide,
"Hmm. Davie PD suspects the son.
So let's really thrown a monkey
wrench into their investigation.
Let's plant somebody's DNA
in this stuff.
But we're not gonna put his DNA
on all of the items,
we're gonna put his DNA
on two of the items.
And on one of the items, we're just
gonna put a little bit of DNA.
Just enough so that now
they can't detect it,
but in 2017 and 2018 and 2019,
when they get more sophisticated
testing equipment,
then they'll be able to find it."
(MURMURING)
That's the argument, people.
If you take it to its logical
conclusion, that's the argument!
You've got to remember common sense.
The science puts him there.
The science
puts his hands on a weapon.
The science puts his hands
on an item that tied Mrs Su up.
(MURMURING)
But there's also a possibility
you can infer from the evidence,
he wasn't alone.
Maybe when Dr Su said,
"He looked white to me,"
maybe there was
a white guy with him.(MURMURING)
Maybe.
We don't know,
but you know what we do know?
There being another guy with him
does not excuse him.
Does not exonerate him.
Does not...relieve him of
responsibility
in any way, shape or form.
Well, we finally learned,
you know, she conceded...
maybe there was somebody else.
Maybe there was a white person.
She has to.
No, I know but...how else...?
At least I brought it up that -
Oh, but she realised obviously in
the first trial
that didn't go so well for her.
Yeah.
For deliberations we have to all be
here.Yeah, if we get a question...
Right, that's what I was thinking.
Some people were leaving.
Can I wear my Free Moochie T-shirt?
(ALL LAUGH)
Yes.I think we're gonna have
a verdict...Thursday.
Of not guilty?Of not guilty.
Yes.
And if it's not guilty,
I'm going to be bawling crying.
This cannot be
guilty of first degree murder.
It cannot.(SIGHS)It cannot.
Ladies and gentlemen, I've received
a jury inquiry form.
It says request new evidence. And
then it goes testimonies, Elijah...
(READS LIST OF WITNESSES NAMES)
..Justin Su, Dr Su.
There is absolutely no chance
that we have the wrong guy.
And when you know everything else
that you need to know
about this young man,
you would have no doubt.
Unfortunately, the jury doesn't know
everything about him,
but if they did, they would not be
out there
struggling like they are now.
(PRODUCER)
What exactly are you referring to?
I'm referring about the fact that he
commits burglaries continuously
that match the exact same manner of
this burglary.
Those are not coincidences.
Those are things that he has done
and that are very, very consistent
with what he did here.
We do not have the wrong guy.
The jury doesn't know this,
so they may get it wrong,
but we didn't get it wrong.
Did I just get
a little too passionate there?
No, it's fine.It's just that the
idea that someone who could just...
Someone who could just kill somebody
who's sleeping in their house
for no reason other than they don't
want to get caught...
is so offensive.
It's so wrong.
It could have been anybody.
(INDISTINCT CHATTER)
(INDISTINCT CHATTER)
(INDISTINCT)
(INDISTINCT CHATTER)
All right.
Could you bring in the jury.I will.
Thank you. Please be seated.
Let the record once again reflect
the presence of the Defendant,
Mr Resiles' Counsel,
Assistant State Attorney, the ladies
and gentlemen of the jury.
It is my understanding that you have
reached a verdict, is that correct?
Yes, sir.
(INDISTINCT CHATTER)
Thank you.
Will you publish the verdict,
please.
And who is the Foreperson?
(INDISTINCT)Thank you.
Ladies and gentlemen,
at this time,
I am going to excuse you today.
We don't have a penalty phase
set up yet.
(INDISTINCT) ..could set this...
for some time next week to find out
when we'll be able to do the...
set this phase of the trial. What
I'd like to do
is if we could discuss that some
time next week,
give everybody a chance to think
about it and discuss that next week.
Let's go. Com on, let's go.
(INDISTINCT CHATTER)
Then we'll have a penalty phase.
We're gonna be back
April 1st to set that.
But before then we're gonna have a
meeting with the State Attorney
to see if we can avoid that.
(INDISTINCT CHATTER / CRYING)
And keep on going over this here.
And they two Su's
got a major part in this here.
I swear before God,
I just want the truth to come out.
(INDISTINCT CHATTER)Listen. Again,
this is not the end of the fight.
He's gonna have... You know, we
have to deal with the second phase.
So you mean to tell me
they're saying first degree?
That's the death penalty.
They're gonna kill my child
for something that daddy did.
Here's what I will say.
Lord Jesus!
Here's what I wanna say.
Is that a potential sentence? Yes.
But we're gonna try like hell to
talk to them beforehand.(SOBBING)
We're gonna still be fighting.
OK.It's not over.OK.
All right?OK.(SOBBING)
Y'all will talk to Dayonte before I
do, tell him I love him,
keep his head up and God knows we're
still praying because we know...
God gonna open up them doors.
Most definitely.
I was in contact with Dr Su, I was
in contact right before the verdict
and immediately I texted him and let
him know.
And he is relieved. You know,
everyone wants there to be closure.
Everyone wants to be able
to move on.
No one will ever forget Mrs Su,
but they wanna be able to move on,
and this hopefully will give them
that sense of closure
that they so desperately needed.
I...still don't really fully know.
I don't. I was... I ended up being
fine with the guilty part, yeah.
Um...
but...the thing was...
there's a thing called principle,
whereas if...if you were there
and assisted the person who did it
in any way,
you're treated as the person
who did it.
And...
we had nobody
to interpret that for us,
we had to do it ourselves.
And we were all like, "Well, we
don't believe that he did it,
but...the DNA says he's there."
To the septillionth.
So...by what they gave us...
to determine this,
that would technically
make him guilty.
We got to the point,
"OK, this is what it is,"
and then like when we read the
principles, like,
"Why are we even here?" It
just makes a lot of stuff moot.
And...
..it's like a math equation
that you can't check.
You know, it's like you solve this
problem,
but you can't check to see if you
made the right equation,
you can't check your work.
Damn...did I do right?
Because, see,
the thing is, if I failed,
that means that that person's killer
is still out there.
You know. And there was technically
no justice served for this woman.
New for you at Noon. Prosecutors
will no longer
be seeking the death penalty for a
man convicted of murdering a woman
in her Davie home in 2014.
Yeah, the announcement
was made at a hearing this morning
for Dayonte Resiles,
who was found guilty last month
of killing that mother in Davie.
Immediately after the conviction,
both Miss Schneider and Miss McGuire
came up to us at the Defence table
and suggested...
They themselves suggested that we
reach out to Harold Prior,
the State Attorney, to talk about
waiving the death penalty.
I think that they, having been
through that second trial,
they knew that a death sentence was
very, very unlikely.
I mean the State ended up conceding
that there could have been
or very well was another person.
And, you know, "We'll get... You
know, if we ever catch that person,
we'll deal with that person
at the time."
And that was a big concession.
I believe it's what allowed them
ultimately to get their conviction,
but on the flip side of that,
we believe very firmly
that there was no way
that all 12 jurors
were convinced beyond all reasonable
doubt
that Dayonte actually murdered Jill.
And because of that,
we didn't think that they were gonna
go for the death penalty.
You know, I think it became obvious
that this was not...
a death penalty case.
I don't think
this person is normal person.
He's a psychopath.
And psychopath like that, I don't
mind seeing them
on the table
with a lethal injection.
In fact, I already told my family
that if that happened,
I would probably go see it
as a witness.
But, oh, well,
I have to respect Jill's wish.
I know her very well.
She is a very, very merciful person.
She is not a vengeance person.
Besides, she would not want
to make a decision
result in somebody's death.
That's not her.
We all three of us
all agree with that one.
So with that, that's our primary
reason to say,
"OK, let's go with life in prison.
We don't care."
We need to honour what she
would think, she would feel.
That's more important
than anything else.
That allow us to put this chapter...
close this book...
..and then move on with our life.
I just can't be, you know,
stagnant about the situation,
I gotta keep moving forward
in trying to do what's right.
So trying to raise a little money.
Somebody may put $50
out of their paycheque, $100.
You know, we're getting money,
saving it and just gonna invest it
and try to get him free.
We're looking for different lawyers.
Nobody around here can rest
until Moochie's able to rest,
free outside of that system
right there in his own bed.
The job's not done yet. Gotta
keep going, the job is not done.
Huh? Come on, leave it alone.
It just broke.I know it's broke.
The whole system broke bad,
but we gonna fix it.
Every kid wants the same things,
they wanna be loved,
they wanna have whatever food they
want, they wanna have nice clothes,
they wanna have nice things. I mean,
we all have
the same wants and desires.
And I think that there
are some children who, sadly,
grow up in circumstances where they
really don't see a way for them
to attain those things
in a pro-social way,
in an acceptable way,
so they turn to crime for it.
I don't think it's just a matter of
someone being born evil, you know,
I think a lot of societal things
that contribute to the behaviour,
but the vast majority of kids who do
live under those circumstances
don't kill people. So just because
there are factors
that contribute to it,
we do not excuse the behaviour.
We spent so many hours together,
so much time getting to know him as
a person.
Helping him when there's difficulty
in the jail
and helping address his concerns.
It's what you do with your friends,
you listen to their grievances, you
try to help them out,
you look out for them. I do think
that we would consider him
like a friend.
He was trying to make us feel better
when the conviction came down.
Like...you know...
..having us, you know, realise
how grateful he was for us...
fighting for him.
A couple weeks ago, we all met with
him in the jail
while we were still going through
the death penalty waiver process.
Um, and at the end he...said,
"You know, before we're done,
I just wanna say thank you,"
and spoke for a good, you know,
ten minutes, um, talking to us.
He was crying, we were crying.
Um, and I think
that doesn't usually happen.
Mike wasn't crying.(LAUGHS)
(ALL LAUGH)
(PRODUCER)You're so hard, Mike.
(LAUGHS)Oh, God!
Is Dayonte Resiles simply a charmer?
Is he just somebody who...
can gather people to his cause
because of his charisma?
Or is he a killer who manipulates
those who...
who he befriends in order to cover
up the crime that he committed?
(BIRDSONG)That's
the central question in this case.
We are here on the set
of Moochie's video, RIP.
It's not for just entertainment, you
know, it's to...to bring about
awareness to his situation,
along with a lot of people who's in
his situation.
A way to give them a voice as well.
In the back of my mind,
I know that this is not the end.
And I really hope
he knows that, you know.
So this is just an example of how
we're still gonna put in that effort
to keep his name alive.
We see cases a few times a year, and
they probably happen more than that,
where somebody went to jail
for 18 years
for a murder they didn't commit.
30 years
for a murder they didn't commit.
How many guys are in there for stuff
they didn't do?Freeze!
Once you put these...
almost legal malpractice
on top of a general mistrust,
it creates this big wall
to where you have a tough time
trusting anything.
Get out! I said don't move!
(INDISTINCT CHATTER)
One more take when we're able.'
In the case of Dayonte,
DNA evidence is tough to fight,
but if you have a tremendous
scepticism about the whole system,
as I'm sure his family does,
then you think
"They're just trying to stick it
to another young, black man."
There's a lot of cynicism,
there's a lot of mistrust,
and it doesn't help anybody...
you know.
But...
exactly how...
do you expect us to feel...
..when this happens time after time?
(INDISTINCT CHATTER)
I ain't slept since Friday.
You hear me?
I've been fucking crying, drinking.
I-I'm just gonna tell you
the blood ass raw truth.
This shit is hurtful.
We had to put our families...
through this situation
because of somebody's prior past.
And judge them, and just sit there,
throw a book at somebody and say
that they committed this crime.
He did not do it. I would not
be here. You understand me?
(BIRDSONG)
The State asked
if we were interested
in resolving the other cases.
Obviously we were because, you know,
we're hopeful
that Dayonte gets an appeal,
so not spend the rest of his life
in prison, but these other cases,
if we try them and we don't win,
he can get life sentences
on some of the pending cases
or the ones that don't have
a maximum of life,
they can be stacked
where he can be incarcerated
to what would be the equivalent
of the rest of his life.
The deal that we made
gives him hope, right?
And so he's gonna do 15 years on...
all of those other cases.
He'll do 85% of whatever's left,
so he'll be done with those cases
in eight and a half years or so.
Um, and then...
Which means that, you know,
if the appeal is successful,
then he has hope of getting out.
(INDISTINCT CHATTER)
(INDISTINCT CHATTER)
We're all set? I'll ask you
back to order, please.
This being the State of Florida
versus Dayonte...Resiles.
So we're here on the sentencing
on the first degree murder.
And you wanna add some statements
by the witnesses?Yes, Your Honour.
You may call.
(INDISTINCT CHATTER)
Good afternoon, sir.
Jill is the kind of person
who could have helped you.
Instead, you killed her.
No, you did not just kill her.
No, you didn't.
You killed her in cold blood,
like a psychopath.
I understand you'd been breaking
into people's houses
since you were like, what, 14 years?
And every time you get arrested,
you should say, "I better quit."
You would think
upon some incredible scheme
to see
if you can improve your chance
of not being caught the next time.
So you have a plan
before you come to my house.
"If there is some homeowners here,
this is what I will do."
What did you do?
You stabbed her more than 25 times.
Why? Because you tried to make it
look like a murder
what happened in rage.
Meaning that somebody who know her
and was very mad at her kill her.
Naturally,
this could be family member.
You put hot water in the bath tub
because you know
forensic estimate the time of death
is based on body temperature.
If you keep the body warm,
you cannot estimate that way.
Until somebody lift the body out,
the cooling start from that point.
Meaning that it can implicate the
person who lift the body out.
In this case, it was my son, Justin.
You almost succeeded.
If it's not for DNA evidence,
you almost succeed.
Throughout history, we depict evil
as the one with the red face,
bloodshoted eyes, fang with blood
dripping out from the mouth.
No, all wrong.
We are all wrong.
The real evil looks like that.
That is the face of evil
sitting there.
An evil like you...should not
allowed to be roam amongst us.
After this today...
..I'm gonna erase you
from my memory.
In my mind, you are...
person who don't matter.
You do not exist.
And we're going to make sure we live
happily for the rest of our life...
..while you rot in jail.
(CLEARS THROAT)
(INDISTINCT CHATTER)
You can't...
..describe how...
what the does to a human being.
What that does to see
the most beloved person
in your whole entire life...
be treated like that.
It is...mind breaking.
And it really frustrates me, because
I wanna be the stronger person
and move on with my life, but I know
for a fact that until the day I die
it's gonna affect me from
what I witnessed and went through.
And that's just one aspect of it,
and here's the other aspect that's
in this courtroom right now,
there are a whole...entourage
of people that you have,
it really affects me when you're
taking the air and wind
out of the sail of other people,
OK? Those people out there,
they could be using that energy to
go help people in Buffalo, New York.
They could be
using their energy elsewhere,
but, no, they're using their energy
to support a murderer.
George Floyd, BLM, all those, taking
all those people away from it.
And...on that road, Dayonte,
to whether picking metal or pine,
that's gonna be your last decision
you're gonna make.
Have fun watching everyone you know,
that you think love you
and that love you, slowly go on with
their lives
and just forget about who you were.
You slowly become nothing
and you're gonna be very lonely
in a very tiny spot...
for the rest of your life.
And...that doesn't make me
sleep better at night,
but...just know that that's a fact.
Just like the fact
that you murdered my mother,
that's a fact that that's what the
rest of your life will look like.
Thank you. I'm done.
(INDISTINCT CHATTER)
(INDISTINCT CHATTER)
(SHUTTER CLICKS)
(DEYONTE SPEAKS INDISTINCTLY)
That's fine.
(CHAINS RATTLE)
Mr Resiles, have a seat.
Have a seat. I'm gonna swear you in,
but you can be seated.
Do you solemnly swear that what
you're about to give in this court
is the truth, the whole truth and
nothing but the truth?Yes, I do.
Thank you. Put your hand down and
tell me your true and lawful name.
My true and lawful name
is Dayonte Resiles.
Just spell your last name
for the court reporter, please.
R-E-S-I-L-E-S.Thank you.
I don't mean to come off combative.
I be sitting in that place,
I would feel the same way.
If somebody
was to take my momma from me,
I would feel those same feelings.
If somebody took my wife from me,
I would feel those same feelings.
But it's just hard for me
to cradle my soul in a sense...
when what I'm being accused of...
is beyond me.
And then...you say, Justin,
people will leave me
one by one.
Nobody is obligated to stay with me
along my journey.
Once I...
what I've said is concluded...
..everybody in this room
will walk out,
go through that door
and go on with their life.
You guys are absolutely correct,
I will leave,
go through that side door...
and be transported to prison.
But...any day,
at any hour, any decade,
if it will provide you guys
with the solace...
..they can hook me up to
a polygraph test at any given time,
ask me any question they wish...
and my answer will remain the same.
I did not kill Mrs Su.
And that's all I have to say.
And to my family...
I love y'all, I don't want y'all...
don't cry for me.
No matter what I gotta go through,
I'll get through it.
It doesn't bother me,
it's not gonna bother me.
It's just...
a small bump in the road.
I'll continue along in my fight.
But just do...
tell my daughter for me...
..just let her know I love her.
And y'all don't gotta...
y'all don't gotta cry for me,
I'll be fine.
And to my attorneys,
I wanna tell you guys...
..I really appreciate it,
I'm grateful and thankful.
Everyone through this process...
you guys
became sort of family figures to me.
And I've had this conversation
with you guys multiple times...
..but I thank you guys
for everything.
And though my tears fall...
I'll be all right.
(SHUTTER CLICKS)Thank you.
Yes, sir.
(SHUTTER CLICKS)
(CHAINS RATTLE)
Anything else before I pronounce
sentence regarding this case?
Mr Resiles, the jury having found
you guilty
of murder in the first degree as
charged in the indictment
under case number
14-1-2-6-5-7-C-F-10A.
The court now finds you
guilty, adjudication guilty,
and sentences you to life in prison.
(INDISTINCT CHATTER)