00:00:07
[music] The Whitaker family was a [music] very welcoming, godly family. Christ was a
00:00:22
very important part of what they did. >> All right. The Whitaker home was the place to hang out.
00:00:29
>> Did you find one? >> It was the cool house to be at. Very safe, very nurturing, godly, loving
00:00:36
home. >> Every time we went over there, you felt loved. They were a family who had fun
00:00:42
and they traveled and they laughed and, you know, they joked around with each other.
00:00:46
>> And everyone [music] loved Trisha and Kent. They were the second parents to so
00:00:51
many people. The Whitaker family [music] just seemed like the model typical wellto-do
00:00:56
Sugarland family. My name is Marshall Slott and I'm a detective with the Sugarland Police Department.
00:01:00
>> My name is Britney Barnhill and I was Kevin Whitaker's best friend. He was just a great guy, the life of [music]
00:01:06
the party. Bart was the older brother. Kevin and his friends looked up to Bart. People thought that Bart Whitaker was
00:01:14
cool. >> On December 10th, 2003, I was working out with my best friend Kevin Whitaker.
00:01:21
He left to go have dinner with his family. >> We went out to dinner to a restaurant we
00:01:26
all enjoyed. We're all in one car. So, we drive back, pull into the driveway. Kevin walks up to the front door and
00:01:35
Trisha is right behind him. Kevin opens the door. There's this huge loud noise. Bang.
00:01:41
>> Kevin was shot center mass right in his sternum. >> Trisha says, "Oh no." And I hear another
00:01:47
noise. Bang. Trisha had made it into the house behind Kevin and was shot and then
00:01:52
fell in the doorway. >> I look inside and there is a [music] figure with a ski mask on. I probably
00:01:58
did not look at him for more than a second or two. Bang. >> I feel something hit my shoulder.
00:02:03
>> The [music] first three shots were in rapid succession. Bart then chased the guy into the house. As he approached
00:02:09
that figure, he was shot. >> I think, "Oh my god, he shot all four of us." Kitten Bart recovered from their wounds.
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Trisha was transported by air ambulance. She was pronounced dead at the hospital.
00:02:24
Kevin died at the scene. >> It didn't seem [music] real. These types of things happened, but not to me, not
00:02:30
to my family, not to my friends. >> On the scene, one of the officers had mentioned to me, "I think I've been to
00:02:38
this house before, and I think it was about threats on the family from somebody.
00:02:42
>> I think Kevin knew something." and whatever he knew, I knew he was concerned about it.
00:02:48
>> The Whitaker family wasn't the all-American family that everybody believed them to be. It became clear
00:02:54
that it was a conspiracy. It was not a random act of violence. These people were assassinated.
00:03:01
>> The Sugarland Conspiracy [music] Sugarlane [music] is very middle class, upper class, white collar. It's a nice
00:03:44
place. Everything's new. >> You hang out with your neighbors. [music] You hang out with your
00:03:48
neighbor's kids. >> For John Flores and his best friend, Kevin Whitaker, life was sweet in
00:03:54
Sugarland, Texas. >> Almost anything's at your fingertips. You can do whatever you want. A lot of
00:03:59
fun. >> But that all changed on [music] the night of December 10th, 2003, when Kevin
00:04:06
and his family were gunned down in their home. That night, we just got home from
00:04:10
church and got the call of a quadruple shooting. That just doesn't happen out here in Sugarland.
00:04:16
>> Marshall Slaugh was the lead detective assigned to the case. >> It looks as if it's a burglary gone
00:04:23
wrong. The family's coming home from dinner. It's plausible that they could have surprised a burglar.
00:04:29
>> But as Slot combed through the Whitaker home, he realized things weren't adding
00:04:34
up. In the master bedroom, the dressers and armwire all had drawers open on them, but they were all open equal
00:04:41
distance. It was very neat and orderly. >> Normally, a burglar would throw everything out of the drawers to see if
00:04:46
there's any valuables in there. >> Yes, sir. >> Detective Slaugh began [music] to
00:04:50
suspect the burglary had been staged. >> None of the items of value inside the house had been moved around. The
00:04:55
electronics, [music] laptops, jewelry, none of those items that are typically taken in burglaries.
00:05:00
>> And then there was the murder weapon. It was the Whitaker's own gun. The gun safe
00:05:05
had been pried open and it was in a very isolated portion of the household. This is looking more and
00:05:12
more like this person knew [music] this gun was here and obtained it for a specific reason.
00:05:17
>> Detective Slaugh turned his attention to the Whitaker family's history, hoping it
00:05:22
might provide some answers. He started with Kent Whitaker's relationship to his wife [music] Trisha.
00:05:29
We met on a blind date, walked in her house and I didn't know what I was expecting, but she came down and I
00:05:34
thought, I've never had a blind date like this before. And uh we hit it off very well right from the start.
00:05:41
>> How long after you first met Trisha did you realize to yourself, I'm in love with this woman?
00:05:47
>> Couple of months, maybe. >> Really? >> Yeah. >> And did she feel the same way about you?
00:05:50
>> Yes, she did. >> All right. >> And then came their two boys, Bart and Kevin. I'm so proud of both of them.
00:06:00
>> The Whitakers were doing well. Kent was a successful accountant. Trisha an elementary school teacher.
00:06:07
>> Trisha had a great rapport with children. Parents adored her. The staff adored her. She was just fun.
00:06:14
>> Barbie Harrington and Peggy Mlan. Trisha's close friends and co-workers knew her true love was being a mom.
00:06:22
>> They were everything. That's all she talked about. She loved those boys. Bart, the eldest, did well in school and
00:06:30
had a quirky sense of humor. >> Close your eyes. Close your eyes real quick. Okay. And make it work.
00:06:36
>> He was fun. He was witty. He was respectful. >> A good son. >> A good son. >> A son who shared a passion [music] for
00:06:43
biking with his dad. >> He and I would spend hours and hours on training rides and on organized rides.
00:06:51
>> What would you talk about on those trips? >> Everything. >> Kevin, I'm very proud of you. Kevin was
00:06:56
the sensitive one. >> Kevin was a man at a young age. He would not back down from injustice, but he
00:07:03
would be so quick to forgive. >> This was as healthy and vibrant and loving a family as you'd find, wasn't
00:07:09
it? >> I thought so. I was very happy with my family. I loved them. >> Then came December 10th, 2003. How did
00:07:19
that day begin? >> Bart was supposed to be graduating from college. He called and said he was
00:07:24
through with his finals and he wanted to go out to eat and celebrate. >> Trisha was so proud. She was telling
00:07:31
Bart she was going to jump up and down and scream, "Thank you, Jesus." >> We all celebrated. We laughed. We told
00:07:37
some jokes. We We teased each other and took some pictures and gave Bart his graduation gift, which was an expensive
00:07:44
watch. >> What kind of watch was it? >> It was a Rolex. It was what he'd always wanted. It was just a happy night.
00:07:52
After dinner, the Whiters headed home, >> then unimaginable horror, >> four shots fired.
00:08:04
>> I start praying and I say, "Father, you know, if it's my time to die, I'm ready.
00:08:09
It's okay, but protect my family." And uh it just was awful. >> I saw Kent lying down. I went up to him
00:08:19
and he was shot and he says, "I'm bleeding very badly." >> Neighbor Cliff Stanley, the first person
00:08:26
on the [clears throat] scene, then went to check on Trisha. >> She was still alive. Was kind of
00:08:31
moaning. I said, "What happened?" And Trisha said, "He shot us." >> Did she say who he was?
00:08:39
>> No. >> Bart was lying in the living room wounded. As for Kevin, >> I could see Kevin clearly and Kevin was
00:08:49
finished. >> Kent, Trisha, and Bart were rushed to the hospital, but Trisha didn't survive.
00:08:58
It was horrible. I lost a friend that taught me how to be a better teacher and a better [snorts and music] mother.
00:09:07
She was just a really good person and I miss her so much. And I remember I walked [music] over to
00:09:17
my friend's mom and I just said, "Was it Kevin?" And I felt her I felt her nod on
00:09:23
my on my head. Just kind of shook my head and said, "Okay." >> Detectives spent the day searching.
00:09:31
>> By the next day, >> searching for any turn to anger. >> Kent in no unclear terms told me he
00:09:38
wanted us to catch whoever did this. He was upset. He was hurt. and Bart seemed to share that anger.
00:09:44
>> He didn't say much, but he pulled my friend Matt and I to him and he said, "We're going to find who did it."
00:09:49
>> Detective Slot continued his routine questioning of the survivors. [music] Bart told Slaugh he was about to
00:09:56
graduate from Sam Houston State University. But the next day, stunning news. >> The information had come into the
00:10:03
Sugarland Police Department from Sam Houston State University that Bart was not enrolled as a student.
00:10:08
>> Wait a second. He was not a student. He was a freshman on academic probation.
00:10:13
>> A freshman? >> Yes, sir. >> Wasn't even a senior. >> Correct. >> So, what do you do with this
00:10:17
information? >> Bells and whistles start going off that why is this kid lying to us? What's he
00:10:20
got to hide? >> What were you thinking? You lied to us about being in school. You weren't even
00:10:26
near graduating. How could you have done that? >> Did you ask Bart why he had lied to you?
00:10:30
Why he had said he was a student at Sam Houston State? >> Yes, sir. He just didn't want to
00:10:34
disappoint his family. He had needed a break. Stressors of school had gotten on him. Then just 5 days after the
00:10:40
shooting, another bombshell. >> It was about 11, 11:30 at night. The sergeant on duty paged me, said, "Hey,
00:10:48
there's somebody here. Want to talk to you." >> Slaugh met the stranger in the darkened
00:10:52
parking lot behind the police station. >> He explained to me that he felt he had
00:10:56
information that was crucial to the investigation. >> The man said that Bart Whitaker wanted
00:11:02
him to help kill his family. 6 days after [music] Trisha and Kevin Whitaker were gunned down at their home,
00:11:30
more than 1,000 [music] friends and family gathered to celebrate their lives. so many people.
00:11:38
>> It was [music] incredible. >> It was a time to share fond memories. >> Almost every conversation with Trisha
00:11:46
included something about Kent, Bart, and Kevin. >> Kevin was a faithful, loyal friend.
00:11:54
He never compromised anything. >> I loved Kevin so much. I cried with him. I went to senior prom
00:12:02
with him. Amid the sadness, >> Bart, [snorts] I cannot tell you how much Kevin looked
00:12:09
up to you. You were his hero. >> There was also anger. >> This murderer is still out there.
00:12:18
The police need our help. For your own families, for everybody's sake, let's catch him.
00:12:24
>> But what no one here knew among the mourners was a man police were closely watching. Your suspicions are focusing
00:12:33
on which person? >> Bart. Definitely. >> That stranger Marshall Slaugh had met in
00:12:40
the police parking lot turned out to be an old friend of Bart's named Adam Hip. And he told the detective an
00:12:48
extraordinary story that Bart had approached him several years earlier with a detailed plan to kill his family.
00:12:59
This is a diagram that Adam Hip uh drew for me during our three-hour long conversation.
00:13:07
It called for Adam Hip being the shooter, shooting the family members as they came in [music] the residence.
00:13:14
>> According to Adam Hip, the plan even included a twist to fool police. Bart wanted Hip to shoot him in the shoulder
00:13:23
so he'd look like a victim, not a suspect. It was unbelievable. >> So, what Adam Hip was telling you was
00:13:30
essentially the blueprint for what happened in 2003, the real shooting, >> the exact blueprint.
00:13:37
>> But Bart appeared to have nothing to hide. He agreed to help detectives by reenacting what happened the night of
00:13:44
the shootings. >> That's when I heard the bang and I don't remember it. I probably would have run
00:13:50
up this morning. But Bart's behavior only heightens Slot's suspicions. >> Everything is very vague. It could have
00:13:59
been this, but it could have been this. >> So that's about the distance you were
00:14:02
from him when you got shot. >> Yeah, I guess. >> Okay. >> It might have been closer. I don't
00:14:07
really remember. >> The fact that he wasn't able to give me a lot of detail about it just was
00:14:12
unusual to me. >> Police had indicated to you that he was a suspect in this case.
00:14:18
>> Yes. Were you wondering at all maybe he had something to do with this? >> I considered it but but didn't consider
00:14:26
it uh seriously. He promised me that there was nothing to it, that he did not have anything to do
00:14:33
with it, that he loved Trisha and Kevin and me. It was inconceivable. But after Adam Hip's story, Detective
00:14:42
Slaugh felt otherwise. He decided to check out two of Bart Whitaker's closest friends. Chris Basher and Steven
00:14:51
Champagne. >> Let's see if he approached any of his current friends to do this. >> Chris Brashier and Steven Champagne
00:14:57
worked with Bart at this country club just months before the murders. Slaugh asked them to provide what police call
00:15:05
scent samples using blood hounds. He compared those samples to evidence collected at the crime scene. Slaugh's
00:15:14
hunch paid off >> when he got a match. >> The dogs indicated that Chris Brashier's
00:15:21
scent was found on the drawers that had been moved that night. >> More importantly, Brashier's scent was
00:15:27
found on the gun used in the homicides. >> Bingo. We've got our next prime suspect.
00:15:35
>> When Detective grilled Brashier, he denied any involvement in the shootings. We told him we had a definitive link
00:15:43
between him and the [music] murder weapon on the night of the shooting. >> What are you seeing on Brashier's face?
00:15:48
>> Horror, panic. We We struck a nerve with this kid. >> Slaugh was now closing in on Bart
00:15:59
Whitaker. Then one night, 7 months after the shootings, Bart told his dad he was
00:16:06
heading out to a club. Bart told me he would see me the next day. >> And what happened?
00:16:12
>> Well, that was the last I saw him. He disappeared. >> Just fell off the face of the earth.
00:16:18
>> Mhm. >> I was angry. We had kind of let him get away. That's what I felt like.
00:16:26
>> Bart's disappearance [music] was a setback, but Detective Slaugh pressed on, focusing on the suspects
00:16:33
still in Sugarland, especially Steven Champagne. We stayed on him and stayed on him and stayed on him.
00:16:41
>> Eventually, Champagne cracked. >> He informed me that [music] he participated in the crime,
00:16:49
that Chris Brasher had killed the family. >> Champagne confessed that he was the
00:16:55
getaway driver, Chris Brasher was the shooter, and that Bart Whitaker was the mastermind behind the plan.
00:17:05
This was the floodgates opening. >> Champagne led slot to a treasure trove of physical evidence.
00:17:12
>> He led me to the to the place on the bridge over Lake Conroe uh where he and Chris Sheer had thrown items of
00:17:19
evidence. >> A chisel >> that Chris Sheer had used to break into the gun safe. >> Ammunition
00:17:26
>> which happened to be the ammunition that was in the gun. >> Two cell phones. Bart Whitaker had
00:17:31
provided those to them to use during the course of carrying out the plot. >> And in September 2005, Sugarland police
00:17:39
arrested both Steven Champagne and Chris Brashier for the murders of Trisha and Kevin
00:17:47
Whitaker. But they still didn't know where to find Bart Whitaker. When Bart Whitaker fled Sugarland,
00:18:07
Texas, 7 months after the shootings, he left behind a community and a father in disbelief.
00:18:16
As a general rule, people don't run. They're innocent. >> No, they don't. Oh, it was horrible. It
00:18:22
was awful. I just sat down and I just cried. Like many a desperado before him, Bart
00:18:32
headed south into Mexico. He ended up in this tiny village called Seralvo, about 40 miles from the Texas
00:18:43
border. [music] Bart started his new life here in Salvo with about $7,000 in cash, money he had
00:18:53
stolen from his father's house. He could speak a little Spanish, and soon he had
00:18:58
a small apartment in town and a job at a local furniture store. He also had something else, a new identity.
00:19:08
Who is this man? >> Well, I know him as Rudy. Gabriella Gutierrez remembers her American friend
00:19:17
named Rudy Rios. How would you describe him? >> Well, he was a friendly person. He liked to drink. He liked beer.
00:19:30
He liked to go with girls. He was very charming. He had away with the ladies. I saw him and I said, "Wow,
00:19:41
>> wow, he's gorgeous." >> Cindy Lucelenus first saw Bart in [music] church of all places.
00:19:49
>> I don't know. >> I found him very interesting. The guys that I've known, I don't know. He just
00:19:56
had something nobody had. >> After Bart and Cindy Lou began dating, her father, Omero, gave Bart a job at
00:20:04
the family's furniture store. What kind of a worker was he? >> Very good, very obedient.
00:20:12
>> I really liked him and held him in high esteem. >> Cindy Lou's brother, Ubaldo, befriended
00:20:20
Bart and was impressed with his stories of adventure, like the one explaining his bullet wound.
00:20:29
He said he got the scar in the Afghanistan war. He said there was a surprise attack on
00:20:36
his group by the Afghanis. >> Most of those in his group were killed. >> He shot at one with his rifle, but there
00:20:48
was another one who got him in the shoulder. The entire Selena's family took Bart in
00:20:59
as one of their own. And Bart told them they were the family he never had. He used to tell me that he was an only
00:21:13
child, that he never loved his mother because his mother never loved him either.
00:21:20
And that his mother was a prostitute. He used to say that his family never gave him the love he
00:21:30
wanted. They only gave him money. They ignored him. For 14 [music] months, Bart Whitaker
00:21:42
lived a carefree new life as Rudy Rios >> is Marshall. >> But it was all about to come to an end.
00:21:52
>> To me, he seems like a cool guy, but if he did that, then he needed to pay for
00:21:55
it. You know what I mean? >> I agree. >> Back in Sugarland, Detective Slaugh got
00:21:59
a phone call >> from the real Rudy Rios. He called me an anonymously and said, "I know where Bart
00:22:06
Whitaker is. I helped him get there." >> Rudy Rios and Bart had worked together at a Houston restaurant.
00:22:15
>> Bart explained to him that there was pressure on him from law enforcement. Rudy said, "Well, if you ever need any
00:22:19
help, let me know. I've got family in Mexico that can help you out." >> According to Rudy Rios, Bart paid him
00:22:27
$3,000 to escort him to Seralvo. But when word spread of a reward for Bart's capture, the real Rudy looked to get
00:22:37
paid again. >> If there's a reward, you know, I don't care. I turn his head in. >> How much?
00:22:41
>> $10,000. >> $10,000 bucks. >> So Rudy had dollar signs in his eyes when he came forward.
00:22:47
>> Yes, sir. >> Marshall Slaugh was there waiting when Mexican authorities dumped Bart back
00:22:54
across the border. He glanced at me and then just down to the floor. I don't know if it was a you got me look, but it
00:23:03
was very satisfying to walk in that jail. The first time I saw him when they took
00:23:11
him back from Mexico, I walk in and we're separated by the bulletproof glass. Said, "Well, you look like you're
00:23:19
okay." And he says, "Yes, I am." And he says, "Dad, I'm just so sorry. I'm so sorry for all of it. It's all my fault."
00:23:29
>> And what is the it in that sentence that he was referring? >> The murders. He's responsible for the
00:23:34
murders. >> Also waiting for Bart were Fort Ben County prosecutors Jeff Strange and Fred
00:23:42
Felchman with an indictment for the murders of his mother and brother. >> It is just the ultimate act of betrayal.
00:23:49
It doesn't get any worse than this. Why did he have to kill them? >> One, because that was the way he was
00:23:55
going to inherit $1.5 million. I think also to some extent, deep down, Bart thinks he's smarter than everybody else
00:24:03
and he just wanted to see if he could get away with the perfect crime. >> Call number 42969,
00:24:09
state of Texas versus Thomas Barter. >> In Fred Felchman, Bart had an adversary who is one of the toughest nononsense
00:24:17
prosecutors in Texas. How would you describe Bart Whitaker? There is a term they use in psych psycholingo psycho
00:24:27
bababble of sociopath. In other words, a person who knows he's doing something wrong but really doesn't care. The old
00:24:34
time Texas thing was that he's just a mean son of a Okay, >> defending will please rise while the
00:24:42
state will present the indictment. Because this was a multiple murder, prosecutors will seek the death penalty
00:24:48
for Bart Whitaker. >> Four shots fired, four hits. >> It's a good, strong case. >> In fact, it's an overwhelming case. So
00:24:57
much so that Bart's defense attorney decides on a unique strategy. He will all but concede that Bart is guilty and
00:25:05
use the trial to try and convince jurors that Bart's life should be spared. and he has a man of unshakable religious
00:25:13
faith in his corner. >> Even knowing that he'd been guilty and responsible for this, I just can't
00:25:20
understand why it's so necessary to put him to death. >> Did you have any inkling whatsoever, Mr.
00:25:28
Whitaker, that your son had been lying to you? >> Uh, no, I didn't. >> Incredibly, Kent Whitaker has forgiven
00:25:35
Bart. The first night in the hospital, I forgave everyone who is involved in this.
00:25:40
>> Martin, how do you feel today? >> It is a gift of God that allows me to do this. I think he gave me that [music]
00:25:47
gift so that when I found out that it was my son that it would be a legitimate forgiveness.
00:25:56
>> The question now is, will a jury be as forgiving? Sugarland, [music] Texas has never seen
00:26:19
a trial like this. >> This crime affected all of Sugarland. >> A case of multiple murder.
00:26:25
>> Do you deserve to die? >> Where the accused is being passionately defended by one of the people he tried
00:26:31
to kill. If the state pursues the death penalty and receives it, then they will kill the last surviving member of my
00:26:39
family. >> Kent Whitaker believes his son's eternal soul is at stake. >> I believe as a Christian that God can
00:26:48
and does forgive and change people's hearts. If they are sorry, if they repent, if they ask his forgiveness for
00:26:56
real, he will forgive them. >> Excuse [snorts] me, please. But Jeff Strange and Fred Felchman say their duty
00:27:02
is to uphold Texas law, not God's law. >> Clint Whitaker's religious faith is genuine. Forgiveness is a big tenant of
00:27:12
what he believes and I respect that and I totally understand that. That's not my
00:27:18
job though. >> Does Bart Whitaker deserve the death penalty? >> Yes. He meets a criteria we have in the
00:27:24
state of Texas. He is a continuing threat. He intentionally caused these people's death and there is nothing
00:27:29
mitigating about him. He wasn't abused. He wasn't surrounded by crime. I find it
00:27:34
hard to believe anybody wouldn't think he deserved it. >> All rise. >> 3 years after Trisha and Kevin's
00:27:41
murders, Bart Whitaker's trial gets underway. Prosecutors present crime scene analysis, forensic evidence, and
00:27:49
eyewitness accounts. But it's the testimony of Steven Champagne, one of Bart's alleged
00:27:57
accompllices >> that everyone in the courtroom is waiting to hear. >> What are you charged with?
00:28:03
>> Capital murder. >> Champagne says two months before the shootings, Bart offered both him and
00:28:09
Chris Brashier a cut of a million dollar insurance policy [music] to help kill the Whitaker family.
00:28:16
The conversation was about when the family came back from eating dinner that Chris would be in the house and shoot
00:28:24
him. >> On the night of the attack, Champagne was waiting in the getaway car when
00:28:30
Chris Basher quickly got inside. >> I asked him what happened. He told me that he had shot all of them.
00:28:37
>> Defense attorney Randy McDonald can do little except attack champagne for agreeing to kill for money. And it
00:28:45
really didn't bother you that three other human beings would be killed so you could have a better lifestyle.
00:28:54
The way that I looked at it was they weren't human. >> As prosecutors build their case, more
00:29:01
shocking details emerge. Investigators learn the 2003 attack wasn't the first time Bart had tried to kill his family.
00:29:10
He had made at least three other attempts using other friends as recruits. >> Was it just a general conversation?
00:29:19
I want to kill my family. I want you to help me. >> Yes, sir. >> In December 2000, Bart approached his
00:29:26
college roommates Will Anthony and Justin Peters. >> I was supposed to as they entered the
00:29:33
home uh shoot the family, sir. Will, who was supposed to actually go into the house, was he going to be given anything
00:29:40
to hide his identity? >> Yes, he was given uh black pants and black shirt and a ski mask.
00:29:48
>> By who? >> Bart. >> Peters and Anthony actually made it to the Whitaker home. As planned, [music]
00:29:56
Will Anthony went to open a back window. >> Uh, as soon as I touched it, sir, to try
00:30:02
to open it, an alarm went off. >> The two men fled. But Bart Whitaker wasn't scared off. Two months later, he
00:30:11
approached another friend with another plan. Remember Adam Hip? Bart's old friend turned police informant.
00:30:19
>> Under oath, Hip publicly admits that he too once agreed to help kill the Whitaker family.
00:30:26
>> Why' you say yes? >> You know, I don't I don't know. I'm not proud of it, but for the simple
00:30:36
fact, I was kind of interested to see how far he would take it. >> We're going, "Huh? These were kind of
00:30:42
people you would think this is what you want your son to be, goes to college, gets a banking job, stuff like this."
00:30:49
>> All American boys. >> All American boys. >> Like Bart, all three young men came from
00:30:55
wellto-do families. >> Clean cut kind of all-American kids. Justin Peters had been a National Merit
00:31:00
Scholar. I just could not see how this happened. >> Besides money, prosecutor Fred Felchman
00:31:07
believes Bart Whitaker is a gifted liar and manipulator. >> He would actually seek out people. Okay.
00:31:15
He would seek out the ones that a little maybe a little weaker that he got to know a little bit better that had some
00:31:20
investment in him. Bart's second plan to murder his family with the aid of Adam Hip never went
00:31:29
beyond talk. But by April 2001, Bart had hatched yet a third plot. >> So Bart Whitaker [music] was a
00:31:38
determined young man. >> Absolutely. >> This time the plan unraveled [music] after Jennifer Jaffet, a college
00:31:47
acquaintance of Bart's, found out about it. >> I asked Bart if he was seriously going
00:31:53
to let this happen. >> And how did he react to that? He came up to me and he gave me a hug and whispered
00:31:59
in my ear that everything was going to be okay. >> Call the police. >> I did call the police.
00:32:06
>> Police in turn notified Kent and Trisha. >> It was just the far outest thing that
00:32:14
you can conceive of. And we immediately said there's no way. >> Bart told his parents it was all a
00:32:22
misunderstanding. In retrospect, you say, "What a idiot. How could you possibly have not seen this?"
00:32:31
But the truth is, uh, we didn't know they were lies. >> Even after his wife and youngest son
00:32:40
were murdered two years later, Kent still refused to believe that Bart was capable of such evil.
00:32:47
>> Aren't you [music] putting two and two together here and saying maybe Bart's responsible for this?
00:32:53
Perhaps I should have, but I didn't. >> Do you believe this crime could have been prevented if people had paid
00:32:59
attention to these warning signs? >> Look at the actions of Bart Whitaker. You're already caught. All right. But
00:33:06
you still proceed to it and you still go through it. Now, you tell me where along this line
00:33:14
with Bart Whitaker do you think it's going to stop? >> You were excused. Bart Whitaker's trial
00:33:20
lasted 7 days, but the jury deliberates just two hours. >> 64.9. We have a verdict in 400.
00:33:28
>> Returning with a verdict everyone was expecting. >> We the jury do hereby find the defendant
00:33:36
Thomas Bartlett Whitaker guilty of the offense of capital murder as charged in indictment.
00:33:43
But the real drama of this case, the punishment phase. Now for the first time, Bart Whitaker will speak openly
00:33:52
about his obsession with killing his family. >> I feel horrible about myself, what I've
00:33:59
done. This is daunting. My son's life is hanging in the balance. >> The punishment phase of Bart Whitaker's
00:34:20
trial is underway. >> Just follow me. >> And his father, Kent, hopes he can persuade the jury to forgive Bart as he
00:34:29
has. >> Ladies and gentlemen, the jury may not have the same faith. They may not have
00:34:36
the same beliefs about what should happen to somebody. But is it your desire that they assess a life sentence
00:34:43
in this case? >> It has been from the start and it still is. >> Would uh Trisha feel the same way?
00:34:50
>> I promise you. Yes. She would have been appalled that this this um that um the
00:34:56
state chose to pursue the death penalty in this case. >> But it will take more than the wishes of
00:35:02
Cantor Trisha to spare their son's life. >> Call your next witness. Bart Whitaker,
00:35:08
he needs to be sworn. Y, >> please stand before the clerk to be sworn. >> To everyone's surprise, Bart decides to
00:35:14
put his fate in his own hands and speak directly to the jury. >> I am 100% guilty for this. I put the
00:35:23
plan in motion. If I had not done so, it would not have happened. >> And do you realize that you robbed your
00:35:30
mother of a full life? >> Yes. >> You robbed Kevin of a full life? Yes. >> You actually even robbed your father of
00:35:39
a full life. >> Do you feel any remorse for this? >> Yes. Yes, sir. I do. >> Who's who do you feel remorse for?
00:35:47
>> I feel remorse for everyone involved, starting with my dad, my mom, and my brother and my wife.
00:35:54
[snorts] Everyone I've ever met in my life, I feel sorry for having come in contact
00:36:03
with me. >> [snorts] >> Bart is finally asked the question on everyone's mind. >> Can you answer the question why?
00:36:14
>> No, sir. I've come up with a lot of the reasons for how I how I got to where I was going, but they
00:36:22
do not explain it. I always felt that whatever love they sent me was conditional on
00:36:30
on a standard that I just never felt I could reach. Bart Whitaker claims that he felt unloved, felt he couldn't live
00:36:36
up to his parents' expectations. >> I heard all that crap, too. >> There's no evidence whatsoever this
00:36:42
family ever did anything to him. They loved him unconditionally. >> I think he came to the decision that,
00:36:48
you know, I hate myself. I hate this life I'm in. If there's just some way I can get out of it, maybe if my family
00:36:56
was gone, I could be free of this and live a real life. For Bart's life to be spared, he must convince the jury he is
00:37:06
no longer a threat to anyone in or out of prison. Do >> you have any designs on any conduct that
00:37:14
would in any way, shape, or form hurt another individual? >> No. The only people I've ever hated, and
00:37:20
I know it was not for the right reasons, but the only people I ever hated were my
00:37:24
parents and my brother. Fact, the irony of it all is that your dad is actually the one that's come to
00:37:30
your rescue and put you back on trial. >> He's become my best friend the last year.
00:37:35
>> Past witness. >> Mr. Gman, I assume you're going to be a while. >> It's a good chance.
00:37:44
>> Fred Felchman has waited nearly 2 years for this moment. >> Your mother loved you. Her whole life
00:37:52
was you and Kevin. But then you tell me you never felt loved by your parents. >> Yes, sir.
00:38:01
>> Do you find anything scary about this? >> I find something tragic about it and
00:38:05
>> tragic that I've got a defendant who's that out of touch with reality. >> Felchman wants to convince the jury that
00:38:12
Bart Whitaker's disconnect with reality makes him dangerous. If somebody interacts with Bart Whitaker, he can be
00:38:21
on a totally innocent basis and you decide to perceive it different. You could kill that person.
00:38:27
>> No, I could not. >> You killed your mother and brother on totally false circumstances.
00:38:31
>> I was a different person then. >> Felchman reminds the jury of the lives Bart took. Did
00:38:39
>> you see your brother when you ran? >> Yes, I did. >> He was gurgling in his own blood.
00:38:48
You know, I watched [clears throat] this whole trial. You've never cried until now?
00:38:52
I >> I did earlier. >> Why are you crying now? It's a >> horrible memory. >> Bart tries one last time to convince
00:39:00
Felchman and the jury that he has changed. >> Do you believe a person can't be sorry
00:39:05
for the things they did? >> No, I think they can be, Mr. Whitaker, but I don't think you are. I think
00:39:11
you're sorry you got caught and now you're trying to figure out how to get out of the death bound.
00:39:21
It's now up to the jury to decide. >> I was holding out [music] for a life sentence. I thought that he wanted his
00:39:29
parents dead. He had done what he set out to do, so I didn't feel he was a threat.
00:39:34
>> We gathered five members of the jury to tell us about their deliberation. >> His goal this time was his family, but
00:39:41
who knows what his next goal would have been, and that scared me. the picture of
00:39:44
him and his mom and his brother sitting there eating and he's sitting there smiling knowing that they're going to be
00:39:50
killed in a few minutes. >> What did that tell you about Bart? That told me that the probability of him
00:39:55
doing it again was great. >> I just knew that u he would do this again. >> It took jurors only 10 hours to reach a
00:40:04
verdict. >> The court does at this time upon those verdicts determine that you be sentenced
00:40:10
to death. Bart Whitaker is to die. >> What did that do to you inside? >> The feeling was a great deal of
00:40:18
disappointment. >> My heart breaks for Kent Whitaker, but I wondered what kind of relationship he
00:40:24
had with his son. >> I fell for the man. I really did. But but we had to follow the law.
00:40:29
>> Someday Bart Whitaker is going to die. >> It's not our fault. >> No, he Whitaker's fault. Without Bart
00:40:36
Whitaker, none of this would have happened. has taken it upon himself to teach Kevin
00:40:41
how to ride the bicycle. >> Despite all that he now knows Kent Whitaker says he will never abandon his
00:40:48
son. >> Trish and Kevin, I miss them. But they're in heaven and I'm going to heaven. And I have
00:40:56
no doubts about that. I want Bart up there, too. >> Someday in the future, you're going to
00:41:02
get a phone call from somebody to tell you that Bart Whitaker has been put to death.
00:41:06
>> Yeah. What will that de be like for you do you think? >> Um been through that before. There will
00:41:11
be a certain sadness but it won't be for Bard Whitaker. It will be for the father. It will also be a sense of
00:41:16
satisfaction too though. Justice has been done on this case. >> [music] [music] >> Hey,
00:41:59
hey, hey. [music] >> [music]