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1:56

October 29, 2017, Kaylee Mendez, and

2:00

Mark Howerton go to the Malaluna Music

2:02

Festival in San Antonio. They arrive late

2:05

in the afternoon and

2:07

they consume ecstasy. There's an

2:09

argument and Kaylee and Mark

2:12

leave. And at some point they

2:14

pull off of the road for what Mark

2:16

describes as makeup sex. And

2:19

afterwards she tells Mark she's not

2:21

feeling well. There are

2:23

hours that are unaccounted for. She

2:25

goes unconscious. And

2:27

at 10.30 at night he

2:29

goes to the hospital and he flags down the

2:32

nearest EMT. She

2:34

has no pulse. She's

2:36

hovered head to toe in

2:38

bruises and unclothed from the

2:40

waist down and her bra above her

2:43

chest. Oh I'm just looking for where...

2:47

Quiet place to talk. Quiet place to talk. So

2:51

she was perfectly

2:54

normal having sex. Yeah,

2:56

just like all the way. Everything was normal. When

3:00

I first got to the hospital I

3:03

saw something I could have never imagined. It

3:05

was Kaylee's best friend. I know

3:08

she was definitely mine. I just felt absurd.

3:11

The amount of life

3:13

support that she was on. Doctor

3:16

came in and we asked what's the prognosis and

3:18

he said there is none. He

3:20

said she's not coming out of this. I'm

3:22

telling you right now I'm sorry. The

3:25

medical examiner ruled that Kaylee had

3:27

died from blunt force trauma to

3:29

the face and to the head

3:32

and Mark Howerton is arrested. This

3:35

is a case where there's more than meets the eye

3:37

and things aren't always as they seem. He

3:39

tried to perform CPR on her while trying to

3:41

operate a motor vehicle. My client

3:44

isn't exactly the brightest bulb in

3:46

the box at this moment but he's attempting to

3:48

try and assist her. It's not a

3:50

homicide in my opinion. This is I think a

3:52

terrible, terrible accident. Mark

3:57

Howerton, he's a dangerous person. The

4:00

Air the textbook example of a

4:02

domestic violence of user. It's about

4:04

control with him sailing and I

4:07

see I just turned nasty. So

4:09

here it says walking around the

4:11

start of the car with that

4:14

defensive after what can only be

4:16

described as a dramatic trial. The

4:21

jury ultimately hang loose. Jill a

4:23

dearth of Claire this pro. Devastated

4:27

by the resultant the first trial, Talese

4:29

parents feel the need to take things

4:31

into their own hands and to see

4:33

that justice was served in the second

4:35

trust. Us

4:39

Man. Hours and hours studying autopsy photos,

4:41

we knew she had suffered a big

4:43

blow on her left side and I

4:46

wanted to see where did her head

4:48

hit after taking their blow. Lawrence, tell

4:50

me about this car Peter, this is

4:52

Mark. How are tons car and you

4:55

bought this car? Sat right? Yes, I

4:57

did. I needed to be able to

4:59

show the jury what happened to kill

5:02

me, what did you figure up? So

5:04

we determined that Kelly said likely struck

5:06

that lox and knob resulting in a.

5:09

The injury. Make commission a

5:11

reenactment of what they believe happened

5:13

to. Their daughter. The.

5:15

Video could be a game changer. This

5:20

is the moment of truth. And

5:22

will The Dark Ages. Kaylee

6:11

Mandotti and Taylor Clement, best

6:13

friends since 9th grade, had

6:15

a streak, Snapchatting

6:18

every morning. Every

6:20

single day, she was much more of a morning

6:22

person, so I would get mine first thing in

6:24

the morning. But Monday morning,

6:27

October 30, 2017, no word from Kaylee. I

6:32

didn't get a Snapchat at 8 o'clock in

6:35

the morning like I usually do, and that's

6:37

actually how I knew

6:39

something was really wrong. Both

6:42

good students, they bonded in science

6:44

class. Taylor says she

6:46

was instantly drawn to Kaylee. She

6:49

had like a really infectious smile and the

6:51

big eyes and like the loving heart. The

6:54

two separated to go to different

6:56

colleges. That October morning,

6:58

Kaylee was on Taylor's mind.

7:01

As I'm working in the library, it's in the back of

7:03

my head, like I haven't heard from her.

7:06

Taylor didn't know it, but

7:08

just hours earlier, Kaylee's mother,

7:10

Alison Steele, and stepfather, Lawrence

7:12

Bateland, were awakened at 4

7:14

in the morning with horrifying

7:16

news. Her daughter's been

7:19

involved in some incident, and

7:21

she's been life flighted to Kyle, Texas. They

7:24

raced from their home in Houston to

7:26

the hospital, praying Kaylee

7:28

was okay. What

7:31

was it like when you entered that room? What did you

7:33

see? I saw

7:36

my daughter's body smashed.

7:39

I could see that she was on a ventilator, and

7:41

my heart just stopped. And

7:43

I knew that it was bad. Within

7:46

hours, Kaylee's parents were told there

7:48

was no hope for recovery. Their

7:51

daughter, just 19 years old, once

7:54

so full of life, was soon

7:56

declared brain dead. the

8:00

world to know what happened to

8:02

her. All that potential

8:04

had been destroyed and

8:07

not knowing how it happened or how it was

8:09

even possible. They

8:11

invited Kaylee's friends to see her one

8:14

last time. Taylor

8:16

sat with Allison as she held

8:18

Kaylee's hand and prayed. I

8:22

remember her repeating over and over, this has

8:24

to be for something, this has to be for something.

8:27

Kaylee had previously requested that her

8:29

organs be donated to help others.

8:33

As she was taken to surgery for that

8:35

procedure, her parents said

8:37

goodbye. It was

8:39

very emotional. Of course we didn't want

8:41

to let her go, but this

8:45

is what had to be. Just

8:48

days before, things seemed to be

8:50

going well for Kaylee. A

8:52

sophomore communications major at Trinity

8:54

University in San Antonio, she

8:57

had joined a sorority and

8:59

was a cheerleader. And

9:01

she met a boy. Kaylee

9:04

at the time was very much

9:06

in love with the only

9:08

serious boyfriend she had ever had. His

9:10

name was Jett Bertram. Jett

9:13

was a Trinity football player and

9:15

fraternity brother. Kaylee dated

9:18

him freshman year, but they broke

9:20

up. What she told me

9:22

was, I don't know that

9:24

he wants a serious relationship. And

9:26

she did. I think that part

9:28

of her life got very

9:31

murky for her, very fast. There

9:34

was another man in Kaylee's life,

9:36

Mark Howerton. He

9:39

was 22 years old and had been

9:41

a star high school baseball player. I've

9:44

been a pretty good hitter, I just keep my weight back

9:46

and keep your eye on the ball and

9:48

the wagot. Mark lived

9:50

in Houston, but was often on

9:53

Trinity's campus visiting friends. That's

9:55

where he met Kaylee. I

9:57

think that they're both very beautiful people. And

10:00

I think that that was the primary attraction. John

10:03

Hunter is Howardton's lawyer. I

10:06

think that there were problems with her relationship

10:08

with Jett, and Mark was

10:10

offering an alternative to that. Both

10:13

Jett and Mark knew Cayley was

10:15

seen the other man, and neither,

10:18

friends say, liked the competition. Then,

10:21

just one month into this

10:24

new relationship, Mark Howardton

10:26

rushes Cayley to a small

10:28

rural hospital in Luling, Texas.

10:31

The chapel is actually really

10:33

quiet. While medical staff tended

10:35

to Cayley, police officers interviewed

10:38

Howardton in the quietest place

10:40

they could find. Okay. It

10:43

was recorded on the officer's body

10:45

cam. So tell me, where

10:47

were we all at today? Howardton told

10:49

officers that he and Cayley went

10:51

to the music festival. There,

10:54

they drank alcohol and took

10:56

MDMA, a drug known

10:58

as Mollie or ecstasy. Kristie

11:01

Jack is an attorney based in Fort

11:03

Worth. We asked her to look

11:06

at the files in this case. She

11:08

says things took a troubling turn

11:11

at the music festival. They

11:13

saw Jett Burcham at some point and

11:15

began to argue. Howardton

11:17

says sometime after 4 p.m., he

11:21

and Cayley left in his Mercedes, still

11:24

arguing after Cayley told him she

11:27

still had feelings for Jett. I

11:29

was pretty much saying you need to get over this

11:31

dude and he ain't working time. Your

11:34

friends are fake. They were just

11:36

telling her all the time trying to get it

11:38

through her head. Howardton said

11:40

they then stopped in a parking lot

11:43

where they had makeup sex. We

11:46

were having sex. I checked her. But

11:49

it wasn't like killing her. It

11:51

wasn't like that. Rough,

11:53

said Howardton, but consensual.

11:56

I'm pretty percent consensual. After

11:59

We had... My see

12:01

our still talk to me for.

12:04

Five. Six minutes afterwards when she

12:06

was like i'm not the ones he

12:09

didn't think he just passed out Our

12:11

ten told officers they got back on

12:13

the road. Hours passed,

12:16

Howard and Says. At some

12:18

point Kaylee stopped breathing and

12:20

he tried to resuscitate her.

12:22

And. At ten thirty at night he

12:25

sees a sign on the road that instead

12:27

the hospital the next accent. He

12:30

pulled off. Emergency

12:32

Medical workers told investigators they

12:34

instantly knew Kaylee was in

12:37

bad shape. He was

12:39

nearly naked, bruised and had

12:41

no pulse. You

12:43

have a paramedic or a

12:46

nurse who says these bruises.

12:48

Were on her when she arrived at

12:50

the hospital and little on the zoo's

12:52

bolland. Our

12:55

ten told the police officer

12:57

Kaylee already had bruises on

12:59

her legs earlier in the

13:01

day. Super. Reduced

13:05

to stroke and she bought

13:07

receivers. Police

13:09

interviewed Howard and several times

13:12

but he was not charged

13:14

with any crime related to

13:16

Kelly's death Than three months

13:18

later for autopsy report was

13:21

released, the medical examiner ruled

13:23

that Kaylee had died from

13:25

blunt force, face and head

13:27

trauma. It was ruled

13:29

a homicide. Marks.

13:32

Howard Zinn was charged with murder.

13:34

He pleaded not guilty and was

13:36

released on bail. Large

13:40

amount of drugs take the course of

13:42

this weekend. Strout and

13:44

brought the deceased to a hospital. And

13:46

then you don't. Typically

13:49

see, murderers don't usually do that

13:51

now. the

13:54

idea that he was open and

13:56

shut is a mistake as the

13:58

trial begins john hooters as

14:00

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14:02

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14:31

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15:04

December 2019, two

15:06

years after Kaylee Mandotti's

15:08

disturbing demise, Mark Howerton

15:10

is finally brought to

15:12

trial for allegedly kidnapping,

15:14

assaulting, and murdering her. What

15:18

was it like to

15:20

see Mark Howerton in the courtroom? Like

15:28

everybody else, I'd try not to look at him too much.

15:32

The trial begins with

15:34

prosecutor Alessandra Crenshaw's opening

15:36

statement. I think

15:38

the best way to tell this story is to

15:40

start where Kaylee Mandotti's life ended, and

15:43

that's in the car of this defendant. Prosecutors

15:48

allege that Howerton forcefully escorted

15:50

Kaylee from the Malaluna Music

15:53

Festival to his car. He

15:56

Then drove her to a parking

15:58

lot where he sexually assaulted... And

16:00

beat her causing a fatal

16:02

brain bleed. These photos show

16:05

Kelly's condition about eighteen hours

16:07

after she arrived at the

16:09

hospital. I

16:11

believe that you will has. Nevertheless,

16:14

About finding this defendant guilty of the else

16:16

and smarter. Things

16:19

are not always as they

16:21

say. In his opening statement,

16:23

Defense Attorney John Hunter attacks

16:25

the very foundation of the

16:27

prosecution's case. Mister Howard Zinn

16:29

did not cause Ferryman.his death.

16:31

No one saw anything that

16:33

transpired between March our to

16:36

and Carry Mundus. Saving. On

16:38

the trail, there are no eyewitnesses.

16:42

The state begins his case with

16:44

paramedics cheryl name solace were tell

16:46

the for was driving an ambulance

16:48

up to the looming hospital that

16:50

night. When.

16:52

A vehicle suddenly appeared behind her

16:55

as a bot car behind us,

16:57

honking and fossilized. Before

17:00

I even get our as see at

17:02

arm and that hollering and screaming I

17:05

opened the door. He's telling me that

17:07

his girlfriend is not breathing and he

17:09

needs help Win Lane looked inside how

17:11

are tons car She saw a disturbing

17:13

c. C.

17:16

Was exposed to pass and of

17:19

clothes were in the scoreboard size

17:21

her feet sue had bruises on

17:23

her says multiple bruises sizes from

17:25

the first thing. That's when I

17:27

started. By

17:32

hunter says not everyone at the

17:34

hospital believes Kaylee had been attacked

17:36

between physician at the looming asked.

17:39

Approached us. Wasn't that because Mark

17:41

had told them she thought she

17:44

had overdosed? Correct. But the symptoms

17:46

she was presenting were consistent with

17:49

that patients history. Was this woman

17:51

beaten or not? So. Hunter

17:55

insists the photos showing bruising

17:57

on T Li don't tweet.

18:00

Foul play. My the kind

18:02

that the sexual assault vs photographs. She

18:06

has been resuscitated six times.

18:08

I believe. Maybe a she's

18:10

i just said i these

18:12

placed on those arms. She's

18:15

been worked over by those positions

18:17

and the looming hospital and a

18:19

dramatic way. While.

18:22

The medical team sport for to

18:25

release life police interviewed and be

18:27

strong for it was going on

18:29

and photographed marks our to police

18:32

officer chris out us farmers someone

18:34

else that's awesome Awesome since they

18:36

would read this is usually read

18:39

this of. Evidence Investigators

18:41

believe that our ten did

18:44

hit Kaylee. Those are

18:46

actually do the places. Stamps

18:48

or room. The

18:51

Mark how are to arrested

18:53

after kill his death was

18:55

an enormously muscled, intimidating figure.

18:58

Talese friends say he used

19:00

steroids. Even in such a

19:02

confined space, They

19:05

would have been relatively easy for him

19:07

to cause that kind of damage to

19:09

her head. Mark

19:11

Howard Zinn initially cooperated with

19:14

investigators, allowing police to search

19:16

his Mercedes. Where. They found

19:18

a gun. And marijuana is he

19:20

was worried about himself. He would have

19:23

told the police to get a war

19:25

instead. Hunter says Howard Zinn was much

19:27

more concerned about Taylor of Unknown And

19:29

updates on Earth Please. Reserve

19:33

see was. The

19:36

only person who could counter

19:38

how written stories newscast. Investigators

19:40

hopes Kelly's remains might speak on

19:42

her behalf on this were tell

19:45

it's a doctor. Susanna Dana performed

19:47

the autopsy north and says the

19:49

evidence shows Kaylee. Was. Beaten

19:52

to death, She had a number of

19:54

what I call bullet for sensors to her

19:56

face overhauls. invited

19:58

many seem authentic here ...and

20:00

for example, a contention. ...and this is exhibit

20:02

number one. But during cross-examination,

20:04

Hunter gets Dr. Dana to

20:06

admit at least one of

20:08

Kaylee's injuries was caused

20:11

by her medical care. So CPR can

20:13

cause a lot of different injuries, not

20:15

just simply superficial, right? Yes. And

20:18

this case, the rib is broken? Is

20:20

that correct? I believe so, yes. The

20:22

medical examiner says the cause of death

20:24

is complications of blunt force, face, and

20:26

head trauma. And the manner of death

20:29

is homicide. Is the examiner wrong? I

20:31

believe the examiner is definitely wrong. Whatever

20:34

the jury thinks about how Kaylee

20:36

died, they're about to

20:39

learn much more about her

20:41

troubled love life with Mark

20:43

Howardson. I'm here to grab

20:45

her and just run her against the wall. In

21:05

the agonizing final hours of

21:07

Kaylee Mandotti's life, her

21:09

friends gathered to say goodbye. Kaylee's

21:14

childhood friend Taylor Clement met her

21:16

college friends for the first time.

21:19

They bonded talking about Kaylee.

21:22

Even in that situation, she was bringing people close

21:25

that would have never met before. Some

21:30

of those friends now nervously wait

21:32

to testify in Mark Howardson's murder

21:34

trial. Do you recognize this person?

21:38

She's an individual. Her

21:42

roommate, Morgan Sampson, told of

21:44

a stormy history between Kaylee

21:46

and Mark, including one

21:48

particularly disturbing incident just a

21:50

few weeks before Kaylee's death.

21:53

She was planning to go to a

21:55

party and says Mark got upset when

21:58

she invited Kaylee to come along. Mark

22:00

and Kaylee were out on the balcony. He

22:03

had browner at the kids' desk for school.

22:07

Kaylee ended up going to that

22:09

party against Howerton's wishes. Soon

22:12

neighbors reported hearing loud banging

22:14

in Kaylee's room. Campus

22:17

police officer Roderick Lewis was dispatched

22:19

to investigate. When I arrived to

22:21

the location, a male subject was

22:23

exiting the room. So you're in

22:25

the room just

22:28

waiting on her while she's at a party? Exactly.

22:31

Okay. Do you mind if I take a look in the room?

22:33

Man, no. Howerton resisted Officer Lewis's request

22:36

to see inside. Well, I'd like you

22:38

to step out here with my partner

22:40

right now. When

22:43

Officer Lewis did go into Kaylee's

22:45

room, he found the glass door

22:47

to the balcony was cracked and

22:49

Kaylee's clothes were scattered in the

22:51

trees. Friends say Howerton

22:53

later smashed Kaylee's laptop on the

22:56

street. The university barred

22:58

him from campus. Kaylee

23:01

told her ex-boyfriend, Jet Bertram, that

23:04

she wanted to get back with

23:06

him. She was really torn between

23:08

two different people and both of

23:10

whom were vying for her affection.

23:13

Jet told the jurors it all

23:15

came to a head at the music

23:18

festival. She

23:20

wanted to break up with them at Marlin

23:22

because there would be plenty of witnesses and

23:24

people around. Did

23:26

she think worried about writing about them? Yes. Howerton

23:29

picked Kaylee up to go to the

23:31

music festival. But

23:34

first, he says they pulled into

23:36

a nearby car wash to take

23:39

MDMA or MALI. Howerton

23:41

said they had more once

23:43

they got to the festival. We're

23:46

talking about massive doses, well above what

23:48

would be necessary for it to be

23:50

effective, to gain the experience.

23:55

When Kaylee didn't show up on

23:57

campus that night, her friends started

23:59

calling her. Howardton

24:01

answered Kaylee's phone. I

24:03

was like, have you seen Kaylee? Have you heard from her?

24:05

Like, are you with her? And he said she can't talk

24:07

right now and then hung up the phone. Hannicked,

24:11

they began searching for Kaylee.

24:13

Jet Burcham, who also attended

24:15

the festival, says he saw

24:17

Mark and Kaylee move towards

24:19

the exit, seemingly against Kaylee's

24:22

wishes. Kaylee looked like she

24:24

was trying to create space and kind

24:26

of just get away. How do

24:28

you seem to? As she's

24:31

trying to step away, I see him reach out

24:33

his remainder room and take it around her shoulder

24:35

and pull her in closer, and

24:37

then turn and walk away. This

24:40

is important testimony. It's important testimony

24:42

because it's showing that she's being taken

24:44

someplace against her will. Defense

24:47

Attorney John Hunter hammers

24:49

him on cross-examination. It

24:52

immediately falls apart almost from the

24:54

very first question. In

24:56

his questioning, Hunter confronts Jet. I want you

24:59

to take a look at that. Revealing

25:02

how he initially misled investigators about

25:04

what he had seen. And

25:07

he reminded the police that he

25:09

saw Mark just take her out of the place

25:11

or in his car. Is that correct? Yes, sir.

25:13

And it differs from the testimony that you gave

25:15

today, right? Yes, sir. I did not

25:17

see him put her in the car. Burcham

25:21

admits he exaggerated to police. But

25:23

why? Prosecutors say

25:25

he was worried about Kaylee's safety

25:27

and wanted to convince cops to

25:29

search for her. Hunter

25:32

then challenges Jet regarding inconsistencies

25:34

in his testimony to the

25:36

grand jury about the timeline

25:39

at the music festival. We're

25:41

surprised you to learn that the phone call you placed in

25:44

carrying the knife's phone was made at 10 o'clock. No, sir.

25:48

In an effort to undermine Jet's credibility,

25:50

he is asked about an unrelated drug

25:52

charge. You were on probation at the

25:54

time where you got this emerging? Correct.

25:57

In 47 minutes of real questions... money

26:00

and marijuana. It was on your file. Gertrude

26:03

takes the fifth. It was provided by the

26:05

Fifth Amendment. Thirty times. It

26:07

was provided by the Fifth Amendment. That's his

26:09

lawyer by his side. It was provided by

26:11

the Fifth Amendment. The damage is done. Tell

26:14

me the impact of him saying over and

26:16

over that he's taken the fifth. The

26:19

impact I think can't be understated. It's

26:21

a huge thing to see somebody do

26:23

that. Hunter has a star witness of

26:26

his own. Dr.

26:28

William Anderson. Good afternoon. A

26:31

forensic pathologist and former medical examiner

26:33

who reviewed Kaylee's autopsy and records

26:36

for the defense. So you look

26:38

at the autopsy you're going to

26:40

see. You're going to see

26:42

what looked like bruises. Anderson

26:44

presents the crux of Hunter's case.

26:47

That Kaylee's bruising was caused in

26:50

part by resuscitation efforts

26:52

and the organ donation

26:54

process. He goes

26:56

one step further pointing to a thin

26:58

line in a photo of Kaylee's skull.

27:01

Starting here we have this

27:03

jagged line. Like I said,

27:05

it looks like a vacuum nation. And

27:08

then it's a skull fracture. A

27:10

skull fracture which Hunter says could

27:12

indicate that Kaylee's brain bleed was

27:14

caused by a fall. She was

27:16

in a car. She was

27:19

in a car for portions of

27:21

that day. Hematomas don't kill people

27:23

instantaneously. Thank you, Dr. Keating. I

27:26

don't think that you can overstate the

27:28

importance of his testimony from a defense

27:30

perspective. It creates the impression

27:32

that all of these injuries occurred by every

27:35

other means but Mark Howerton. Once

27:38

the defense rests, prosecutors

27:40

bring the medical examiner back to

27:43

challenge Dr. Anderson's testimony. Is that

27:45

a skull fracture? No, it's not.

27:49

The faint line that Dr. Anderson was referring

27:51

to came from a picture. I

27:54

didn't believe it. I thought it

27:56

was reckless for him to have

27:58

that opinion so definitively. with

28:01

only a picture. All rise

28:03

for the judges. The jurors must

28:05

now make a momentous decision. Did

28:08

Mark Howerton kill Kaylee?

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take on true crime investigations like

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ad-free on Wondery+. After

30:06

just 10 hours of deliberating, the jury

30:08

in the Mark Howerton murder trial sends

30:10

a note to the judge. All right,

30:12

the jury is in. There

30:15

will be no verdict. After

30:17

careful deliberation and discussion, unfortunately we cannot

30:19

come to you in Ann's decision. The

30:22

ladies bill of the jury, I'm declaring a

30:24

mistrial. Mistrial, are

30:26

you happy? Is that in

30:28

a way a victory for you? Any

30:31

time that your client doesn't go to prison,

30:34

it's a victory. It

30:38

was a little bit disheartening, but at the

30:40

same time I was

30:42

mentally prepared for that outcome. Prosecutors

30:45

David Lunan and Alessandra

30:47

Crenshaw were disheartened too.

30:50

Did you feel as though you'd let the

30:52

family down? Well, sure. Absolutely.

30:57

But it doesn't end there. The

30:59

prosecutors plan to retry the case

31:02

and get busy preparing for round

31:04

two. Starting with the

31:06

defense star witness, medical

31:09

examiner Dr. William Anderson. I

31:12

was not prepared for Dr. Anderson to testify

31:14

to what he testified to. They'd

31:17

been stunned by his claims that

31:19

Kaylee had a skull fracture and

31:21

her bruising was caused in part

31:23

by the organ donation process. So

31:25

do you find that this notion

31:27

that organ harvesting caused these

31:30

bruises to be absurd? Absurd.

31:33

Absurd. In this instance, it's absurd.

31:37

While the prosecutors work to address

31:40

those claims, defense attorney

31:42

John Hunter files a motion to

31:44

get the whole case dismissed, based

31:47

in part on what he says were

31:49

Jett Burcham's lies. The knowing

31:52

use of false evidence by the

31:54

prosecution undermines our

31:57

entire faith and confidence in the judicial system. can

32:00

happen, then there's no point in even having a

32:02

trial. Kaylee's

32:04

mom, Allison Steele, and stepdad

32:07

Lawrence Bateland sat through the

32:09

first trial and concluded jurors

32:11

needed more information about what

32:14

happened inside Mark Howerton's car.

32:20

You became investigators. We did.

32:22

I knew we needed to show what happened in that

32:25

car. The jury needed to know how

32:27

it happened. He's a

32:29

scientist. He's a NASA engineer.

32:32

They got to work. I

32:34

spent hours and hours studying

32:36

autopsy photos, and I really

32:38

fixated on one of the autopsy photos

32:40

that showed an impact

32:43

on Kaylee's head right in

32:45

front of her ear. This photo

32:47

of a small dot above Kaylee's

32:50

right ear. Other photos

32:52

showed deep bruising above Kaylee's left

32:54

ear, like this one, described

32:56

by the medical examiner in the

32:59

first trial. And what is

33:01

it that we see behind the ear? That's a bruise.

33:03

That's a contusion. Kaylee's parents believe

33:06

that when taken together, the

33:08

photos tell a story. We

33:11

believe that of

33:13

all of the injuries, the blows that

33:15

he landed on her, the fatal one

33:17

occurred when he reached from

33:20

his driver's seat, hit her

33:22

in the left ear, and drove

33:24

her head into the window and

33:27

onto the lock button of the car. In

33:30

fact, in a recorded audio interview

33:32

with police the day Kaylee died,

33:34

Howerton admitted he had previously done

33:36

just that. Did you ever push

33:39

Kaylee's head up against the window?

33:43

I pushed her, and she hit

33:45

the window one time. That was over a week ago,

33:47

yes. So in many

33:49

respects, it was like same song, second

33:51

verse. They'd need proof to

33:53

convince a jury. Kaylee's parents

33:56

headed to a used car lot, where

33:58

Allison posed in the car. similar

34:00

to the Mercedes, Howerton drove

34:03

that night. And

34:05

I photographed her head

34:07

in different positions while I'm holding

34:09

the autopsy images, trying

34:12

to see if they match up with a door,

34:14

and it's a near perfect match. Lawrence

34:17

decided to go a step

34:19

further. So then I loaded

34:22

this 3D modeling program. Building

34:24

a 3D model of

34:27

Kaylee's head. First thing you can

34:29

do is you can create a solid out of that 3D mesh,

34:32

and then you can project an image

34:34

onto it. And bringing them

34:36

closer to having actual proof. So

34:39

this gave me the confidence to

34:42

go to the next step, which was to

34:44

seek out a killer's car.

34:47

Mark Howerton sold the car in 2018. Lawrence

34:51

tracked down the new owner and

34:53

bought the car. What'd you think of that? Well,

34:57

this is new. This is not something I've

34:59

been accustomed to hearing

35:02

in other cases. Show me what you

35:04

believe went down. Let's go over to

35:06

the passenger side. The car Kaylee was

35:08

fatally injured in is sitting in her

35:11

parents' driveway. Lawrence says

35:13

driving at home was a

35:15

haunting experience. It's torturous,

35:19

but it's also, you know,

35:22

she was showing us what

35:24

happened. You know, she was guiding us

35:26

to this car. And

35:29

you believe that he struck her when he did. She

35:31

came over to this knob.

35:33

Her head hit it. Now you notice when you

35:35

push it down, it doesn't go flush. It

35:38

doesn't go flat. Right. This will

35:40

not retract fully, no matter how

35:42

hard you hit it. Kaylee's parents decided

35:45

to make a video to

35:47

demonstrate their theory in court.

35:49

They went and found two actors, a

35:51

male and a female, to dress the

35:54

parts. They were on similar

35:56

size, similar way. If

35:58

we did the reconstruction, ourselves,

36:01

it would be considered biased and

36:03

probably thrown out or at least

36:05

discredited. So they hired

36:07

a private investigator to produce the

36:09

demonstration. They didn't even look

36:11

at it in case they were called to

36:14

testify about it. The

36:16

video is simple, showing three angles

36:18

of what Kaylee's parents and

36:21

their experts believe happened. Would

36:23

showing a jury, a

36:25

video like this potentially help the

36:27

prosecution's case if it's allowed? Jurors

36:30

are very visual. It makes it easier for them.

36:33

It shows how it can happen and

36:35

it answers a number of the questions

36:38

that the jury had in the first trial. John

36:42

Hunter says however Kaylee got that

36:44

dot above her ear, it's

36:47

all speculation. It could

36:49

be from something at the hospital. It could have been from

36:51

something before she got in Mark's car. Could it be that

36:54

that is from a locking thing on the

36:56

door? I mean sure, it could also be that a space

36:58

alien came and put a little mark

37:00

on her. I almost feel like it's

37:03

not worth discussing because it's so unfantific.

37:07

Years go by. I am not

37:09

law enforcement. That's not my background.

37:12

Allison worked to pass the Texas

37:14

Clear Alert Bill. It

37:16

enables law enforcement to quickly initiate

37:18

searches when people aged 18 to

37:20

64 go missing. In

37:25

2021, a district court in

37:27

Texas denied John Hunter's motion

37:29

to dismiss the case, ruling

37:32

there was no evidence of

37:35

prosecutorial misconduct relating to Jett

37:37

Burcham's testimony. Hunter

37:40

appealed that ruling. It

37:43

was horrible just waiting and not knowing what

37:45

was going to happen. Hunter

37:48

filed appeals all the way to the

37:50

United States Supreme Court, which

37:52

declined to hear the case. We

37:54

lost in every court we could take

37:56

it to. And so more than five

37:59

years after Kayla Kelly's death, a

38:01

date for a second trial is set. May

38:04

23rd, 2023. What's

38:08

at stake here? Are feelings running high?

38:10

Emotions running high? I don't

38:12

think the stakes could be any higher. What

38:20

do you make of Kelly's parents' investigation?

38:23

See more evidence from the case at 48hours.com. Many

38:28

put their hope in Dr. Serhat. His

38:31

company was worth half a billion dollars.

38:33

His research promised groundbreaking

38:36

treatments for HIV and

38:38

cancer. Scientists, doctors, renowned

38:40

experts were saying genius, genius,

38:42

genius. People that knew him were convinced that

38:45

he saved their life. But

38:47

the brilliant doctor was hiding a

38:49

secret. Do not cross

38:51

this line that was being messaged

38:53

to us. Do not cross this

38:55

line. A secret the doctor was

38:58

desperate to keep. This

39:00

was a person who was willing

39:02

to cold-heartedly just lie to people's

39:05

faces. We're dealing with an

39:07

international fugitive. From

39:09

Wondery, the makers of Over My Dead

39:11

Body and The Shrink Next Door comes a

39:14

new season of Dr. Death. Bad

39:17

magic. You can listen to

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Dr. Death's Bad Magic ad-free by

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subscribing to Wondery Plus in the

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Wondery app or on Apple Podcast.

39:27

I'm CBS News correspondent Major Garrett, host

39:30

of the podcast Agent of Betrayal, The

39:32

Double Life of Robert Hanson. During the

39:34

Cold War FBI agent Robert Hanson traded

39:36

classified secrets to the Kremlin in exchange

39:39

for cash and jewels. In the podcast,

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Hanson is available on the Wondery app,

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Amazon Music, or wherever you get your

39:57

podcasts. In

40:05

May have Twenty Twenty Three, Mark How

40:07

are To is about to go on

40:09

trial for the second time for the

40:11

murder of Kaylee Men. I

40:14

felt confident that. This

40:17

was her time. In

40:20

the five plus years since Kelly's death,

40:22

Power To was active on social media.

40:24

Posts. Team Things like come

40:27

at me legally. I'll beat

40:29

you showing little remorse. Wow.

40:32

Seventy five percent of people

40:34

think I'm guilty. Doctors

40:38

me seventy five percent of people

40:40

in the world. Are going after

40:42

said. He was

40:44

living large and bragging about having beaten the

40:46

state of Texas and a court of law.

40:50

How are Tons Attorneys John Hunter

40:52

and Haley Piece say acting out

40:55

on social media was his way

40:57

of coping with the pressure of

40:59

being falsely accused of murder. He

41:02

was using social media as an outlet

41:04

to relieve some of that sentence. During

41:07

the first trial, jurors had

41:09

only one charge to consider

41:12

felony murder. This time around,

41:14

more years add more charges

41:17

including aggravated assault and criminally

41:19

negligent homicide. Then came time

41:21

to consider the video Talese

41:24

parents had made. Did

41:26

you want the jurors to see that

41:28

video? I did initially. Presenting.

41:31

The video came with risks,

41:33

including the risk that hunters

41:35

cross examination about it might

41:38

undermine the whole case. The.

41:40

Judge said i'm gonna let it in.

41:43

That is so in. The parents are now

41:45

witnesses and they will no longer be allowed

41:47

to sit in the trial and the prosecution

41:49

went and talked to the paris and they

41:51

decided to. Withdraw the exhibit. On

41:55

May twenty third trial to

41:58

begins this one without. The

42:00

television cameras. Alessandra Crenshaw His

42:02

opening statement is nearly the

42:04

same. I basically told the

42:07

jury. that the best way to explain this

42:09

case ssr were tell him and daddy's life ended

42:11

and that from the car with this descendant. But.

42:14

There is a big change to

42:16

the witness list. Know just, purchase.

42:19

There was nothing to be. Gate

42:22

and prosecutors add a

42:24

witness. an expert on

42:26

domestic violence who told

42:28

jurors how Are Tuned

42:30

was a textbook abuser

42:32

who isolated and manipulated

42:34

Taylor and ultimately became

42:36

enraged and loss control.

42:39

a pattern particularly difficult to

42:41

handle at just nineteen years

42:43

of age. I

42:45

don't see. Had no idea

42:47

the dangerous predicament she was

42:49

in. John Hunter

42:52

once jurors to give Howard Stern

42:54

the benefit of the doubt. The.

42:57

Presentation. Of our

42:59

Kelly looks in the hospital and how

43:01

she lifted the autopsy does not me

43:03

that she was beaten. His.

43:05

Case this time around relies

43:07

heavily on the testimony of

43:09

a pharmacologist who said the

43:11

high levels of M D

43:13

m may or ecstasy and

43:15

totally system. Could. Have caused

43:18

her brain bleed. I've.

43:20

Always felt that that was

43:22

the major percent. Of

43:25

Mdm may causing. A

43:27

subdural hematoma. When. You say

43:29

that? Well first of all, they haven't done.

43:32

Much research on this at all. Hunter

43:34

plans one final witness, the

43:37

former medical examiner whose testimony

43:39

about organ donation and a

43:41

possible skull fracture costs so

43:44

much damage to the prosecution

43:46

and the first trial. Doctor.

43:49

William Anderson. This

43:52

time, prosecutors are ready for

43:54

him with a new witness,

43:56

a respected medical examiner who

43:58

told them Anderson's. claims in

44:01

the first trial were irresponsible.

44:04

They realized that we were going to

44:06

be more than prepared to shoot

44:08

down all those claims that he had made in the first

44:10

trial. I didn't need to have a fight

44:12

about the skull fracture. So

44:14

the defense rests without Dr.

44:17

Anderson. It was

44:19

a shock. You could hear a gasp

44:21

in the courtroom. Now

44:23

a second set of 12

44:25

people will determine Mark Howerton's

44:27

fate. It's an

44:29

agonizing second wait for

44:32

Kaylee's parents. This

44:34

is the moment of truth. Will their daughter get

44:36

justice? Agonizing

44:39

for John Hunter too, he'd

44:41

spent nearly six years working to

44:44

keep Howerton free. So

44:47

the jury comes back in. What

44:49

do you hear? The two most

44:51

beautiful words in the English language, not guilty, not

44:53

guilty of murder. My

44:56

heart sank when we heard not

44:58

guilty on the murder. They're

45:01

thinking, dear God, this is the

45:03

final nightmare. He's going to walk out of the

45:05

courtroom. But there was more.

45:08

Howerton was convicted of

45:10

aggravated assault causing serious

45:12

bodily injury. Everyone

45:15

was hugging each other and expressing their

45:17

relief that Mark Howerton was going to

45:19

prison. I turned to my left and

45:24

eight sheriff's officers

45:26

had assembled to take him to jail,

45:28

eight. So

45:33

that was their

45:35

way of saying we're here for you. So

45:39

that was a nice moment to see

45:41

that. Howerton

45:43

was sentenced to the maximum, 20

45:45

years in prison, to

45:48

Kaylee's family not nearly

45:50

enough. Mark Howerton's

45:52

a monster and he does what

45:54

a monster does. For

45:57

Kaylee's friend Taylor, the wound

46:00

Name's Rob. And

46:02

this my best friend. Lawrence

46:08

Allison say they have no

46:10

regrets about spending time and

46:12

money on a video the

46:14

jury never got to see.

46:17

That helped us learn what happened.

46:20

Murdered overhand free. had to. We.

46:24

Showed Alice in that video. for

46:26

the very first time. Hard

46:31

to see it because that's most

46:33

likely the blow that killed her.

46:37

Talese mom who prayed something

46:40

good would come from her

46:42

daughter's death continues her fight

46:44

to help other victims of

46:47

violence. What

46:49

I would like is. For her sacrifice

46:52

to help other people.

46:55

That's what she would want. I have

46:57

absolutely no doubt about that. Join

47:04

me Tuesday for. Post

47:06

Mortem from forty eight

47:09

hours were will die

47:11

even deeper into today's

47:13

episode. And answer your

47:15

questions about the case.

47:20

If you like forty eight hours, you

47:22

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