00:00:15
[static] [tense music] [plane whooshing] [gentle music] I'm home. Good, good, good, as you can
tell by the smile on my face.
00:01:19
[laughs] Happy. I'm happy I'm home. I told him all the good
news, and he's excited
00:01:29
and he's overwhelmed
and filled with joy. He didn't even believe me. So I have to send him the
article, so he'll believe me.
00:03:12
[tense music] [ominous music] [camera shutter clicking] [speaking spanish] JOHN HOLLAND: When you have
something in the news so long,
00:06:03
there are crazy people that want
to become part of it, that want to inject themselves into
the middle of a trial,
00:06:08
and that's always a worry. It sounds like that's what
happened here with Ortiz, or the man who fingered Ortiz.
00:06:36
[ball clattering] MICHAEL IBAR: We were so happy
that we found this evidence. We were ecstatic
when that-- when
00:06:46
we finally got that pistol. This is-- this is our--
our gun, you know? This is going to get him out.
00:06:52
So it wasn't a major
issue in the case, like it should have been. It's hard to see my
brother suffer like that
00:07:00
and not be able to help him. I wish I could open
up my checkbook and-- and write a check and
take care of everything,
00:07:06
but there's not enough
zeros in my checkbook. But I still hold the
faith, and I know--
00:07:16
I know that with
the right lawyer, we can get my
brother out of there because the facts, the truth
of the case, bears him out.
00:07:24
So if we can just
get enough resources to be able to get a good
attorney and a good team
00:07:30
on the case, to be able to
come to fight the state, we can-- we can get it done.
00:07:35
I have extreme
confidence in that. I know that. [gentle music] [baby babbles] TANYA IBAR: It was a hard day.
00:07:49
It was hard for him. We love him. And we believe in him, that
we told him we don't care.
00:07:53
Pablo is innocent, and
he was going to fight this till the day that he died. I believe in God.
00:07:59
I-- I believe that one
day it will come true, and he'll come home and we'll
be a family and everything
00:08:05
will be just fine. Absolutely. [sniffs] [dog barks] [bat clangs] [rousing music]
00:10:06
[tense music] [plane whooshing] [tense music] [upbeat music] [applause] I know the truth, that he
definitely didn't do this.
00:13:49
My mom had run away to Ireland. I had known that my mom was
going to be out of town.
00:13:54
So I had invited Pablo
over to come see me, so he had stayed the
whole night there.
00:13:59
And in the morning time, my
sister had come in the room and seen him in there,
and she was very upset
00:14:04
that I let him stay
over and told me that she was going to tell
my mom that I had Pablo over.
00:14:11
MICHAEL IBAR: He was with his
girlfriend at the time, Tanya. She wouldn't have
done that if not
00:14:16
she knew that he was innocent. A girl of that age, to
dedicate her whole life, her whole future, on a man
that may never get out,
00:14:27
it's because she knows
that he was with her. And that's very painful for her
to have to see him suffering
00:14:33
like that, as it
is for all of us, to have to see him suffer
when we know he didn't do it.
00:14:39
We tried to bring this
up in court to show them, you know, my mom had
a passport of going
00:14:45
away the same times the
murder had happened, you know. To show to the jurors, to the
judge, you know, that he--
00:14:52
she was away. He did come over, you know. And I tried to make
the jury realize that too, that he was with me.
00:14:59
There was no way that
Pablo could have done that. [tense music] There is nothing,
nothing, connecting
00:15:18
Pablo Ibar to this crime scene. [camera shutter clicking] We were very limited on the
physical evidence of that case,
00:15:27
outside of the video. We relied a lot on
circumstantial evidence. BARBARA BRUSH: For
instance, the fingerprints.
00:15:33
There were fingerprints
all over the crime scene. There were fingerprints on
the walls, on the tables.
00:15:39
There were fingerprints on
lots of different areas. And when they took the
fingerprints to be tested,
00:15:47
it came back that they did
not belong to Mr. Ibar, and they did not
belong to Mr. Penalver.
00:15:57
There is no fingerprint, there
is no weapon, there is no DNA. TANYA IBAR: DNA which they
found on a T-shirt that was left
00:16:08
outside of the house, crime
scene, which in the video shows wiping his face. Doing something that causes
a lot of nervousness,
00:16:17
so you're sweating. So he's using that
T-shirt to clean his face. It can't be him with the DNA.
00:16:23
If DNA comes back and
it shows that it's you, would be another story. We would have nothing to say.
00:16:29
But the DNA has shown
that it is not Pablo. LYNN S. BAIRD: The woman who
did the analysis on the T-shirt
00:16:40
here at the laboratory
obtained a partial DNA profile, different stains
that she cut from the shirt.
00:16:48
And she determined
that that DNA did not come from any of
the three victims or from Mr. Ibar, that
that DNA came from someone
00:17:01
completely different. PAUL MANZELLA:
We, at that point, didn't know whose
shirt it was, and we
00:17:05
collected it for evidence. We sent it to the lab
for trace evidence. And unfortunately, it
didn't come back with any
00:17:11
that matched Pablo Ibar. I could only assume that that
was not the shirt that Pablo
00:17:17
Ibar was wearing, that Pablo
Ibar took the shirt with him when he left the scene.
00:17:21
And that was the shirt that was
on scene, maybe by Butch Casey. Perhaps he may have washed
his car the day before
00:17:29
and left his shirt outside
on the front porch. CHUCK MORTON: I don't
believe that the shirt
00:17:32
was owned or worn by-- by the murderer. It just doesn't make sense
to me that the murderer
00:17:38
then would walk
outside and leave the shirt on the front porch. It leads me to believe that
that murderer didn't think
00:17:47
that the shirt could
be connected to him, because it was not his shirt. And uh, it was not a
shirt that he wore.
00:17:55
[somber music] REPORTER: Were you sure
right away that that was Pablo on that tape?
00:18:22
Yeah. Someone you hang out with,
you know what I'm saying, and you see him on tape?
00:18:26
Shocking. BARBARA BRUSH: Jean
Klimeczko was just out of prison, a drug addict. Bad, bad drug addict.
00:18:49
He was somewhat
of a guy that really didn't want to get involved. He had a criminal past.
00:18:54
We knew he had a criminal past. But the thing is
with Jean Klimeczko is, that criminal past
really didn't come into play
00:19:03
for what he knew. BARBARA BRUSH: I think that he
was frightened by the police, and say if you don't say
what we want you to say,
00:19:17
and do what we want you to
do, you'll go back to prison. Once the police decided that
Mr. Ibar and Mr. Penalver were
00:19:25
arrested, and they
had decided that they were the suspects
in this case, they did no further investigation.
00:19:33
TANYA IBAR: I think that they
realized they made a mistake, but they weren't going to
say that they made a mistake.
00:19:38
They already started this. They already got him involved. So that's why I think they kept
on going instead of saying,
00:19:45
OK, it's not you. We're sorry. But they're not
going to do that. No one wakes up in the
morning every day saying, well,
00:19:52
let me find some innocent
person to prosecute. They're human beings. And so all human beings are
susceptible to making mistakes.
00:19:59
No justice system, no
court system is perfect. I think at this
point, there have
00:20:08
been so many different
versions of the truth. You do have to determine who's
telling the truth or not.
00:20:15
Most cases have a murky
area, so that is not unusual, and this case is murky. The only question here
is, is that Pablo?
00:20:25
Really. I mean, everything
else is irrelevant. If that person in that picture
is Pablo, then he is guilty,
00:20:32
period. And I think all the other stuff
was done as a distraction, because that central question
isn't answered by that video.
00:20:40
It points to him,
but it isn't enough. It's not conclusive. But the video is
the entire evidence.
00:20:46
If that's Pablo,
he's a murderer. If it isn't, he
should walk free. And it's really that simple.
00:20:53
[static] [horn honks] TANYA IBAR: We have to
get another attorney. If I have to pay my whole
life to the lawyer, that's
00:21:12
what I'll have to do, you know? If it means bringing
Pablo home, then that's something we have to do, so.
00:21:20
[surging music] █ made this choice to
continue with Pablo because I truly believe in him.
00:21:35
I know he did not do this. This is all that I've known. I've known nothing else.
00:21:42
I've been married to
a man for 16 years, and I've never slept with him
in the bed as husband and wife.
00:21:49
That was 16 years. I hate that I can't honestly
say, this is my husband. Because I love him.
00:22:01
I'm proud of him. I'm not embarrassed of him. But it's not so much
of being embarrassed,
00:22:06
or of the situation. It's the fact that people
don't accept it here. I feel like telling
people, people
00:22:12
judge me then, off the bat. If I tell you I'm married
to someone on death row, automatically you think
something's wrong with me.
00:22:18
You think, oh my god, this--
maybe she's a little crazy, this lady over here. She's married to this
guy on death row.
00:22:24
Why would you want to be
married to somebody like that? So I don't say
nothing, you know?
00:22:27
I pretend like my husband's
home, my life is normal. I go to work, I put
a smile on my face.
00:22:34
I guess I feel like
even more I have to show people that I'm OK. And I have to lie.
00:22:40
I'm 38 now, so my life has
been a majority of this. It hasn't been anything else.
00:22:48
[sniffs] [water lapping] BENJAMIN WAXMAN: I
got a call from Tanya. They said that Pablo had
heard about me on death row
00:23:18
and that he, uh, was interested
in me representing him. I've been in private
practice my entire career.
00:23:30
I've done probably
hundreds of appeals. [tense music] WILSON BARNES: Hear
ye, hear ye, hear ye.
00:24:02
The Supreme Court of the
great state of Florida is now in session. All who have cause
to plead, draw near.
00:24:13
Please be seated. Welcome to the
Florida Supreme Court. First case for the day is
Ibar versus State of Florida.
00:24:22
You may proceed. Your Honors, Mr. Ibar
was convicted based on his resemblance to a blurry image,
to the blurry image of one
00:24:32
of the murderers in a
20-year-old grainy, soundless, black-and-white videotape. But the most significant
evidence in this case
00:24:41
was the exculpatory blue T-shirt
that the murderer had wrapped around his face and thrashed
around the murder scene
00:24:50
for 20 minutes, and deposited
it in front of the house. That T-shirt was examined for
all of the biologic material
00:24:59
coming from the murderer
that was undoubtedly covered in the entire shirt. And all of that
evidence, the sweat,
00:25:07
the blood, the DNA, the hair,
all of it, excluded Mr. Ibar. There was so much exonerating
evidence that exculpated
00:25:18
and showed that this simply
was not the murderer, and we would ask that the court
reverse the judgment below
00:25:25
and grant Mr. Ibar a new trial. Thank you. Thank you for your arguments. May it please
the court, Leslie
00:25:35
Campbell with the
Attorney General's Office on behalf of the state. And I ask this court
to affirm the denial
00:25:41
of post-conviction relief
and deny the habeas petition. And the fact that DNA isn't
found on it doesn't necessarily
00:25:49
mean that Mr. Ibar wasn't the
person that shot those three victims, wasn't the person
that was in the victim's car
00:25:55
afterwards. PEGGY A. QUINCE: Was
there actually hair found on the shirt? LESLIE CAMPBELL: They
collected some materials.
00:26:01
Some were inconclusive. Some were, uh--
didn't match the, uh-- BARBARA J. PARIENTE: So I don't
understand your-- your answer.
00:26:08
Why wasn't his DNA on
it, if it was his shirt? You're saying, well,
maybe it wasn't
00:26:13
the shirt that he actually had,
or maybe he didn't leave DNA. But the-- there was DNA left.
00:26:19
Uh, merely because
there's a lack of evidence. We don't know that Mr.
Ibar was actually sweating.
00:26:24
We don't know that he
left epithelial cells or-- or any other type
of DNA on there.
00:26:29
We know that we didn't find it. But yet, when you look
at the whole picture now,
00:26:33
the question really is, should
our confidence in the outcome of this [indistinct speech]
phase be undermined
00:26:41
by this whole
constellation of, uh, concerns that have been raised? We hope that they'll find
that way and-- and give him
00:26:58
a new trial, which he deserves. And if he gets it, I'm-- hope very much and believe
that he will be acquitted.
00:27:19
[tense music] So elated, so happy. It's just-- it's
priceless right now. There's not a price anybody
can put on this today.
00:28:56
[somber music] BENJAMIN WAXMAN: First of
all, I believe in my cause. I believe in Pablo.
00:29:54
He did not receive a fair trial. He did not receive the
constitutional protections that
00:30:00
are so fundamental to what we
believe is criminal justice in this country. And I believe that to my core.
00:30:08
JOE NASCIMENTO: So Pablo
doesn't know that-- BENJAMIN WAXMAN: We've kind of
assembled a team of lawyers,
00:30:13
and we are collectively working,
devising strategies, trying to take advantage of
all of the strengths
00:30:22
of each of the individual
members on the lawyer team. --standing there. And he goes, this is a
death penalty case, and--
00:30:28
BENJAMIN WAXMAN: Joe Nascimento
was an intern at the law firm. And I began to bring him in
to help review the materials,
00:30:36
help review the briefs
and the work product. Everything else in
first wave, everything.
00:30:41
And then penalty second wave
for sure, and see what happens. BENJAMIN WAXMAN: Alan
is one of my partners.
00:30:46
He is an amazing attorney who
is known for his preparation, for his exacting
cross-examination.
00:30:56
I knew he would make
tremendous contributions to Pablo's defense. Let's not forget, the--
00:31:03
the reversal was
what, four months ago? BENJAMIN WAXMAN: Fred
is an iconic Broward
00:31:10
lawyer who has tried
hundreds of cases, who was immensely successful. He had a flair in the courtroom.
00:31:20
I had seen him in court. He had a way with jurors. He had a way with judges that
was really kind of incomparable
00:31:29
in Broward County. So that's-- we've been
working very, very hard, and all of the attorneys
have been spending time, uh,
00:31:37
talking about strategies
with regard to motions, with regard to witnesses. That's been kind
of going on, you
00:31:45
know, among the lawyer
team that's been assembled to try this case. TANYA IBAR: Benji is very good.
00:31:55
He is very strong at putting
into words to kind of help you pull out and understand
the importance of what's
00:32:02
happened here, you know? He did a great job. Now it's different. Now we realize that we
have to take that control,
00:32:09
making sure that, you
know, these attorneys are doing what needs
to be done to achieve
00:32:15
what we're looking to achieve. So we're going to
be calling you, we're going to be
talking to you,
00:32:19
we're going to be asking
you what your strategy is. We want to see your notes. We want to see what you're
doing, uh, regardless
00:32:25
if they agree or they don't. If they don't, then
we'll get somebody else that will help us.
00:32:34
[phone beeps] JOE NASCIMENTO:
Pablo, good morning. Good time that you called
me, because I'm looking
00:32:40
at the-- the agenda
for the meeting. Our number one goal
is for us to leave today's meeting wanting to push
the judge, keeping the state--
00:32:51
keeping their feet to the fire
and not letting them delay. JOE NASCIMENTO: I know
one of your frustrations
00:32:56
is that we do need to-- to
press a little bit harder. Right. Right. And it's not
necessarily that they're
00:33:28
going to be able to develop
something new, legitimate. JOE NASCIMENTO: All right.
00:33:46
Everyone's getting here, so I
want to get into this meeting. All right, Pablo. I'll talk to you later.
00:33:53
See you. OK. [tense music] DENNIS D. BAILEY: My
father was a lawyer, my grandfather was a
lawyer, so that my brother
00:34:06
and I both became lawyers. He was elected to the
bench first and said, you've got to do it,
you'd love this job,
00:34:16
and convinced me
to run for judge. And I was successful. And he's right. I love the job.
00:34:56
My name is William Sinclair. I've been a homicide prosecutor
for about four or five years.
00:35:02
When the case came
back on appeal, Mr. Morton asked me
to join the team. I came from a little bit
of a different perspective.
00:35:15
Uh, Mr. Morton obviously
had tried the case. It had been pending
for 20 years. It had this enormous
history, but I
00:35:21
did not know anything about it. I had the opportunity,
and I wanted to look at the case
for the first time
00:35:25
and form my own opinion of it. CHUCK MORTON: I was
retired in 2012. And then I was
asked to come back
00:35:35
as a specially
appointed prosecutor to the Pablo Ibar case. Any other prosecutor
who came in perhaps
00:35:42
could benefit, uh, from--
from my assistance, and the knowledge that
I had of the case,
00:35:46
and get up to speed
on it quickly. ALAN ROSS: I feel for
Pablo, because he's-- he's had to live through this
experience for all these years.
00:35:54
So many trials, so many
hearings, uh, so much stuff that the state
played fast and loose with.
00:36:01
And then here we are
coming back today, and it's not just the state,
but here's the same prosecutor
00:36:07
all over again. I can only imagine what
it must be like for Pablo to have to relive all of that.
00:36:12
I mean, that's been his mantra
since the day I met him, is how unfairly, you
know, he's been treated
00:36:17
by this prosecutive team. [chains rattling] [muffled speech] Good morning, Your Honor.
00:36:47
[phone rings] [ambient music] [chains rattling] Prosecutor in the
case called me and said,
00:38:14
I have some earth-shattering
news to tell you. And you know, in this case,
who knows what that means?
00:38:20
You just kind of hold your
seat like, oh, what twist now? And he said to me that Pablo's
defense team was using a crime
00:38:28
lab and they were running
DNA samples of William Ortiz, and they had done some
DNA testing on him.
00:38:36
Every DNA test they
did, it wasn't him. It wasn't him. And on a hunch the
prosecutor said, I'm--
00:38:41
I'm going to send-- I'm going to send Pablo's
DNA to that crime lab. And then he got a call and
they said, we got a hit.
00:38:49
Are you serious? How can there be DNA
evidence on there? Wasn't it-- I had
all these questions.
00:38:54
Wasn't it tested? And you got to think
about a shirt, right? You have to have the exact spot
on that shirt tested for DNA.
00:39:04
There was evidence
against Pablo, and now there's DNA evidence. Thank god. [somber music]
00:39:33
[horns honking] [ominous music] ALAN ROSS: Whose is this? BENJAMIN WAXMAN: I
got a margherita.
00:42:55
JOE NASCIMENTO: If
it's got mushrooms-- This is yours, Benj, I think. Yeah, as long as
there's no-- oh, no, no.
00:42:59
There's-- there's some kind of-- ALAN ROSS: No, it's mushroom. No, you think
those are mushrooms?
00:43:03
Yeah.
- Yeah. This is Joe and
me, which I will-- [phone rings] BENJAMIN WAXMAN: Hey, Pablo.
00:43:09
How are you? BENJAMIN WAXMAN: Sorry. I've got you on speaker. I'm sitting here with Alan,
Joe, Fred, and myself.
00:43:19
Well, what I think
we need to talk about is what we need to do so
that we can announce ready.
00:43:25
And realistically,
we need to prepare the motion on the DNA stuff. That-- that's our main--
you understand the circum--
00:43:32
I'm not saying you understand. But what I'm saying
is you understand that the circumstances
of that stuff
00:43:37
is to me worse than
anything else, OK? BENJAMIN WAXMAN:
We've also reached out to a number of people looking
for just an expert like that,
00:43:45
you know. So we have about four
or five leads out, and just waiting to hear back
on any specific recommendations.
00:43:54
Um, you know, that's underway. No.
I-- We couldn't find
anyone here in the US to even support our position.
00:44:04
We found some expert in the UK. I feel really strongly
that we need a US expert.
00:44:12
ALAN ROSS: While we
have Pablo on the phone, what we want to talk about
is timing, I think, right?
00:44:35
Look, I think realistically-- I think realistically,
we should shoot, realistically, for February.
00:44:59
JOE NASCIMENTO: So look, Pablo. I mean, we need to move
as quickly as possible, but we need to be realistic.
00:45:05
And we need to be
prepared, right? And you know, please have-- I don't want you to lose
faith in our focus to prepare
00:45:15
as quickly as possible. So I know you're frustrated. Look, I'm not losing
a death penalty case.
00:45:34
I ain't lost one yet, and
I'm not starting now, period. ALAN ROSS: And Pablo,
let me just say this.
00:45:41
I think you're right. The fact of the matter
is, Pablo, whether you're right or not is irrelevant.
00:45:46
What is relevant is we
don't have an expert, and we need an expert. All right. Look, Pablo, we got to hang
up because I-- we got--
00:45:53
you have a minute left. So um-- Works for me. I want to be prepared
and have the time,
00:46:06
and not have any other
frigging thing on my mind. OK, I want to leave. BENJAMIN WAXMAN:
[indistinct speech]
00:46:12
how the story is. Well, I'm just
getting a little weak. BENJAMIN WAXMAN: I know.
Sorry.
00:46:16
ALAN ROSS: I haven't
been feeling that well. BENJAMIN WAXMAN: Sorry. [tense music]
00:46:38
[chatter] Now, he's coming home.
Don't you worry. - Hmm?
- He's coming home. Don't you worry.
00:47:36
[chuckles] When he comes home,
what are your plans? Oh, yeah. [chatter] Uh, the court has, uh, ordered
that we begin jury selection
00:48:04
on Wednesday, February 28. Uh, our next status
conference in the case is going to be on November 29.
00:48:11
Beginning with jury
selection, that takes as long as it takes, sometimes weeks. But that's-- that is the
beginning of the trial.
00:48:19
It's all good news. [phone rings] Waxman? BENJAMIN WAXMAN:
(ON PHONE) Hey, Joe. How are you?
- Good.
00:48:36
How are you? BENJAMIN WAXMAN:
What's happening? JOE NASCIMENTO: Alan,
uh, got diagnosed
00:48:42
with pancreatic cancer. So uh, it's a shock. BENJAMIN WAXMAN: It's
like that-- the worst
00:48:52
possible diagnosis. It's fucked up. JOE NASCIMENTO: You know, we
had to break the news to Pablo.
00:49:02
There's a lot of things that
we just don't know right now. So it's, uh-- but he is-- for
sure, he cannot try this case.
00:49:13
BENJAMIN WAXMAN: Such
a horrible thing. You know, Alan's a
really strong guy. He'll try to pretend like
everything's normal and
00:49:22
the same, and everything's OK. That's what he'll do. [sniffs] JOE NASCIMENTO: Then
we've got Mr. Ross.
00:49:32
ALAN ROSS: Happy day. BENJAMIN WAXMAN:
What's happening? ALAN ROSS: Good to see you.
Good to see you.
00:49:36
BENJAMIN WAXMAN:
Good to see you. JOE NASCIMENTO:
Morning, Mr. Ross. Good to see you.
JOE NASCIMENTO: Hi.
00:49:39
BENJAMIN WAXMAN: Broken phone. I'll take Fred's
seat over here. Careful. Don't lean back too far.
00:49:42
I've been warned. He's right.
OK. BENJAMIN WAXMAN: Alan,
do you go everywhere with your best lawyer plaque?
00:49:49
I see you've got that
right at your foot. [laughs] It's like a-- Yes. BENJAMIN WAXMAN: I
thought Alan brought that.
00:49:58
JOE NASCIMENTO: Oh, Alan
thought he was in his office. You got a Post-it? [laughter]
00:50:04
Uh, I don't know. Soon as I get a Post-it, I will. As a matter of fact, if you can
get me a stack of Post-its--
00:50:12
FRED HADDAD: I saw him in
the courthouse one day, and I looked at him. And he said he had
a stomach issue,
00:50:16
and I knew he had cancer,
because I've known him so long. [melancholy music] And uh, you know, then it
got confirmed later on.
00:50:27
He hid it for a long
time, like many people do, because he didn't want
to give up practicing.
00:50:38
TANYA IBAR: When he told us
that he had pancreatic cancer, my heart just dropped.
00:50:44
I just-- I think for a second,
like, I didn't even-- like, I stopped breathing. And then, you know,
it starts to sink in.
00:50:51
What are we going to do? I mean, Alan was the
person that was going to be the head person
that was going to do
00:50:57
mainly the cross-examination. What do we do now? You know, when we're so
close to the end of this,
00:51:03
it's so easy to fall apart. You're so tired. I mean, we're not talking about
a year, a couple of years.
00:51:08
We're talking about, I
mean, 20-something years. We are like-- this is a lot. It's consumed our lives.
00:51:15
It's been our whole lives. I don't think that they
understand sometimes how-- how hard it was for us, and
how angry inside you feel.
00:51:25
And then you're dealing with
now the fact that this person you've paid, we're-- we've--
00:51:31
it's like the
money is just lost. And how do we-- how do we
find somebody else now,
00:51:36
with the little
that we have left? In a case like
this, because nobody wants to do this for nothing.
00:51:42
If we were millionaires, you
wouldn't think twice about it. You'd find somebody,
you have the money,
00:51:46
you do what you have to do. But we don't have that. And then on top of that,
I got a call from Benji
00:51:52
saying that Fred
is very concerned and that he needs
more time to prepare. And you're thinking, oh
my god, we're not ready.
00:52:02
I hate to believe
that, but it is. It's like a curse. It's just always--
it's always something.
00:52:08
It's like we can't escape it. How do I convince
Pablo not to give up? How do I keep his
mind still strong?
00:52:19
[somber music] JOE NASCIMENTO: Not having Alan
at trial is a monumental loss, but that doesn't
change our defense.
00:52:48
It doesn't change our witnesses. It doesn't change any testimony. Uh, we just have to adjust.
00:52:54
I'm doing this to ensure
Alan's legacy in this case. That's, you know, I think,
part of our responsibility.
00:53:00
To do our best to neutralize
that, move on, and win this case so that we can
celebrate it with Pablo,
00:53:07
his family, Fred, and everyone
that's been a part of it from the beginning. Uh, we owe it to all of
them, we owe it to ourselves,
00:53:14
and uh, we'll
continue on that path. So there will be other issues
that come up between now
00:53:21
and whenever the trial is. Something else is going to
happen that's upsetting to us.
00:53:25
Something else is going to
happen that's-- that's going to seem like a setback. And it's just
another hurdle that
00:53:30
will make the victory
that much sweeter, and the party that
much bigger, right? [dramatic music]