00:00:03
[audio logo] [music playing] [banging] [music playing] FEDERICA MOGHERINI:
Thank you very much.
00:01:44
Every human life
matters no matter how it is used, no matter how
many mistakes a person makes.
00:01:53
We believe that a state
should never dispose of the life of a human being. We believe that the
response to a crime
00:02:00
must never be another crime. We have moved beyond the
idea of an eye for an eye,
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and we believe in
justice, not in revenge. And I'm convinced
that little by little,
00:02:12
we can get closer to a
common goal of a world where crime is met with
justice and not with vengeance
00:02:19
and where human life is finally
a universal value universally respected and protected.
00:02:25
I thank you very much. [applause] KURT COLLINS: The
whole system is-- I don't know-- it needs
to be massively reworked.
00:02:51
And when I called I spoke
to the judge's assistant. I told her that I
regretted my decision
00:02:58
and felt like I was
kind of pressured into giving a guilty verdict. I-- I just felt like--
00:03:06
I wasn't sure if Pablo
was innocent or not, but I didn't feel like there was
enough evidence to say that he
00:03:10
was guilty definitively. Yeah, I just I wasn't sure. BENJAMIN WAYMAN: I believe
that a juror who now wishes
00:03:29
to rescind their
verdict of guilt is a juror that's gonna
be pro-life, right. So that's a juror we
have in our pocket,
00:03:39
and we just need
to be sure that-- and I want to make sure
that we handle this in a way
00:03:45
and I'm not-- I'm not saying
it's even possible but handle in a way to ensure
that we don't lose this juror.
00:03:52
PERSON 2: Right. PERSON 3: Well, you can't. I mean, if you lose a juror,
you lose the verdict, don't you?
00:03:56
BENJAMIN WAYMAN: No. If something happens to a juror
or if they express that they
00:04:01
can't be fair and impartial
during the penalty phase for whatever reason at
this point, all that happens
00:04:05
is we take that juror out
and you implant a alternate. That's why the judge
told the alternates we
00:04:12
may need you still, so you can't
talk to anybody about the case. You can't research the case.
00:04:17
You can't do any of that. PERSON 3: We don't want to
run the risk of losing her obviously for penalty phase?
00:04:22
ALEXIS SUCHARSKI: You
can't-- you can't-- you can't take
back your verdict. That's your answer.
00:04:30
So to want to take it
back is kind of crazy, but you should have
thought of that.
00:04:34
I should have
thought about that. [music playing] BENJAMIN WAYMAN: This
juror I feel bad for him.
00:04:59
He had no one to turn to. He can't talk to
anybody about the case. So he goes on
Reddit anonymously,
00:05:05
doesn't disclose
details to try to just put it out there in the world. Like, I feel bad.
00:05:10
He's clearly a pro-life juror. He's clearly a juror
who has regret. He did not want to
find Pablo guilty.
00:05:16
He was bullied. He understands that now that
this was not his decision. So what are the chances of him
voting for death when he didn't
00:05:24
even think Pablo was guilty? So he's pro-life, and
all we need is one. So one person that's
pro-life and Pablo gets
00:05:30
saved from the death penalty. [music playing] CHUCK MORTON: Social
media has really
00:05:36
changed the law in this area. It's so easily accessible
now that you never know what a juror is
doing, and all you can do
00:05:43
is rely on a juror's
honesty and integrity. You can't control it. And when you find
it out, you find out
00:05:51
that they're not abiding by what
the court has instructed them, yes, that's a good reason
not to leave them on a jury.
00:05:58
We don't want that to happen. He needs to be on this jury. He needs to sit in
the penalty phase.
00:06:02
He is one of Pablo's jurors,
and he needs to remain that way. [music playing] JUDGE: Good afternoon, sir.
00:06:23
Good afternoon. JUDGE: You're Kurt Collins,
one of the jurors in this case? Yes.
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JUDGE: In the instructions it
deals with the communications with the outside
world and includes
00:06:36
electronic
communication, correct? Yes. JUDGE: All right. Let me show you
exhibits 19 and 20.
00:06:57
I need to ask you if you
posted these on the internet. [music playing] I did. JUDGE: You communicate with
any other juror in this case
00:07:10
about the matters you
posted on the internet? No, I didn't. JUDGE: Have you had any
contact with any other juror
00:07:16
in this case since you reached
the verdict on a Saturday? No. JUDGE: In any way, whether
electronic or verbally
00:07:24
or texting or
communication, any at all? No. JUDGE: We're going to go
ahead and let you go, sir.
00:07:33
Give the jury badge
back to the court deputy and you need to take your
card to the jury room,
00:07:37
and I appreciate your service. Thank you. OK. KURT COLLINS: I
thought that I would
00:07:48
have a chance to kind of explain
my feelings, but I never did. And they just dismissed me
without even talking about it.
00:07:56
I feel pretty strongly
that they're going to hand down a death penalty. The-- Are you going to give
me another unfair hearing?
00:08:09
Are you going to give
me another unfair-- Mr. Ibar, you
have been allowed-- JUDGE: Mr. Ibar--
00:08:13
They want to do every
time they want to do it. This is not fair. You've been-- you've been
against me from day--
00:08:17
You've been
remarkably-- you've been remarkably composed
throughout every proceeding we've ever had.
- No, we've not.
00:08:21
No, we've not.
- Pablo-- No, we've not because this-- You have been-- you
have been composed.
00:08:25
Another-- it's
another instance of your bias against me, sir. JUDGE: Thank you. I've asked you from day one
to recuse yourself from my case.
00:08:35
[music playing] Tired of it. [music playing] Yeah, so here we are and
never thought we would be here.
00:09:49
So now it's time to
straight out a-- plan some strategy and figure
out the best way to--
00:09:57
to go forward with
the penalty phase. ALBA JOHNSON: There's
two minds, right. One is you accept
the jury's verdict.
00:10:05
The other one is we don't accept
the jury's verdict even though. We respect the jury, we
don't accept the verdict
00:10:11
because he didn't do it. [music playing] Susie Johnson is the
mitigationist, the person
00:10:21
that we brought on to our
team to help develop all of the family mitigation
and to come up
00:10:29
with a list of mitigators
that we presented in some way to the jury. And she's been very
active behind the scenes,
00:10:40
and she's a critical
part of our team. [music playing] JUDGE: All right,
welcome back ladies
00:11:31
and gentlemen of the jury. You have found the
defendant Pablo Ibar guilty of three counts
of murder in the first degree.
00:11:38
The punishment for
these crimes is either life imprisonment
without the possibility
00:11:43
of parole or death. The state and the defendant
may present evidence relative to the nature of
the crime and the defendant's
00:11:50
character background or life. You are instructed
that this evidence, along with the evidence that
you've heard during the guilt
00:11:57
phase of this trial, is
presented in order for you to determine, number one,
whether each aggravating
00:12:04
factor is proven beyond a
reasonable doubt, number two, whether the aggravating
factor found to exist
00:12:10
beyond a reasonable doubt
are sufficient to justify the imposition of the death
penalty, number three,
00:12:17
whether aggravating
circumstances are proven by the greater weight of
the evidence, number four,
00:12:22
whether the aggravating
factors outweigh the mitigating circumstances,
and, number five,
00:12:28
whether the defendant should
be sentenced to life in prison without the possibility
of parole or death.
00:12:36
Is the state ready to proceed
with an opening statement? KATYA PALMIOTTO: Yes, sir.
- Please do.
00:12:43
Good morning,
ladies and gentlemen. My name is Katya
Palmiotto, and I have been a prosecutor
for a little
00:12:50
over 13 years at this point. When Mr. Sinclair
came on the case, I think I was asked
to assist maybe a year
00:13:00
or so before we went to trial. Just it was amazing. [music playing] What do you know about
the real Pablo Ibar?
00:13:17
He tortures. He terrorizes. And he murders. That's the real Pablo Ibar. And that's what you've
seen in this case.
00:13:41
That is the Pablo Ibar whose
sentence you have to determine. And there is not a mitigating
circumstance in this world that
00:14:02
pales in comparison to the
heinous, atrocious, and cruel way that he executed
Marie, Sharon, Casey.
00:14:25
And once you've decided that
the aggravating factors outweigh the mitigating
circumstances, you then
00:14:34
have to decide what's
the appropriate penalty, and the only penalty that's
appropriate for his actions on
00:14:46
that day is the death penalty. Thank you. [music playing] BENJAMIN WAYMAN: People may hear
about the Miami-Dade robbery
00:15:10
and say, oh, if
he did that, then he must have done the
homicides in the Miramar case.
00:15:18
But I don't believe
that, and that's the reason why we protect juries
from that kind of information
00:15:26
because it overwhelms
them with the sense that, well, if you do
one thing, then you
00:15:34
must have done something else. DISPATCH: Shots have
been fired inside-- He was sentenced
for that, by the way,
00:15:43
right, where they tied
up an entire family. One of them was
a pregnant woman. They shot and killed this
family's dogs, both of them.
00:15:53
Someone in that house had
gotten away into another room and called the police. The police arrived.
00:16:00
The guys in the house-- one
of them was Pablo Ibar-- get into a shootout
with Miami-Dade police,
00:16:04
and he's arrested. But the jury, they
don't know that. There was a lot of moving
of the people around.
00:16:14
They were looking for
something, looking for money, arguing with the
people, and then there
00:16:18
was a guy in the
bathroom who was hiding who called the police. And when the police come,
they all run out the back,
00:16:25
and then they're caught. KATYA PALMIOTTO:
So July 14, 1994, tell me what happened that
alerts you out of sleep?
00:16:42
My bedroom was next
to the front window, and I heard a knock at the door. What happens when
you open that door?
00:16:57
They pushed past me. I almost got knocked down, and
they came in with a shotgun and put it to my head.
00:17:05
KATYA PALMIOTTO: Does
this person that comes in, does he have anything
over his head?
00:17:09
NATALIA L PEZ: He
had a black ski mask. Did you learn
that the identity of the person with the
ski mask and the shotgun
00:17:17
was Francisco Rincon? Yes. KATYA PALMIOTTO: Did
someone else come in after? NATALIA L PEZ: Yes.
00:17:22
The second person. KATYA PALMIOTTO: What did
you notice about that person? NATALIA L PEZ: He had
a t-shirt over his face
00:17:28
from his nose down, like, tied. I couldn't see in the back, but
it wasn't covering his hair.
00:17:34
KATYA PALMIOTTO: Did this person
have a weapon of any kind? NATALIA L PEZ: Yes. KATYA PALMIOTTO: What kind of
weapon did this person have?
00:17:40
He had a handgun
with a laser, which later I learned it was a Glock. KATYA PALMIOTTO: He has a
shirt wrapped around his face.
00:17:50
That was a way that he
used to conceal his face. Well, what happened
in the Miramar murders?
00:17:57
You have a guy on video with a
shirt around his face, right, so that alone is
absolutely damning.
00:18:04
The similarities, one
could argue, are very bad. Pablo had a shirt
wrapped around his face,
00:18:10
and he was carrying a gun,
a pistol, that Francisco had a shotgun and he
was wearing a mask,
00:18:16
and that they immediately just
started grabbing the people, putting them on
the floor, right.
00:18:20
So if there's anybody on
the jury who thinks maybe I wasn't 100% sure that Pablo
is the one who committed
00:18:26
the Miramar murders,
so I'm not going to give him the death penalty. When they hear
that, he's involved
00:18:33
in this Miami-Dade home
invasion and there's guns and a shirt
wrapped around his face,
00:18:37
that person may
say to themselves, you know what, I thought I
wasn't sure about Miramar,
00:18:43
but now I'm sure. Now I'm give him
the death penalty. KATYA PALMIOTTO: What happens
once you're on the floor,
00:18:52
shotgun in your face? NATALIA L PEZ: I'm telling him
not to please hurt my baby,
00:18:57
and he's saying to just shut up. So you're 8 and
1/2 months pregnant, pretty big at this point?
00:19:06
Yes. You are laying on
the floor, literally on the floor like this,
right, except to the side.
00:19:13
NATALIA L PEZ: Yes.
Yes. KATYA PALMIOTTO:
With hands like this. NATALIA L PEZ: Yes.
DEFENSE: Judge, I object.
00:19:17
She's just-- JUDGE: Overruled. Next question please. So what happens next? NATALIA L PEZ: One of the guys
with the shirt around his face
00:19:29
walked right over to the
kitchen and got a butcher knife. KATYA PALMIOTTO: So he goes
to get a butcher knife,
00:19:36
and what does he do
with that butcher knife? He put the butcher knife on
my stomach and said, I'll show
00:19:42
you how babies born [muted]. [music playing] KATYA PALMIOTTO: There are
any other conversations
00:19:51
about the four of
you on the floor and what they're going to do. All I hear is, let's
get them over with.
00:20:01
Let's get them over with. NATALIA L PEZ: Yes. KATYA PALMIOTTO: Do
you know who said that?
00:20:05
The guy with the
shirt around his face. KATYA PALMIOTTO: Did you learn
the identity of that person?
00:20:12
WOMAN: Yes. Is that Pablo Ibar? Yes. KATYA PALMIOTTO: I don't
have anything further, Judge.
00:20:20
JUDGE: All right.
Thank you, ma'am. I appreciate your testimony.
You may step down.
00:20:27
KATYA PALMIOTTO: The purpose of
why we put that testimony on, to show that this is an
individual that not only has
00:20:36
a propensity for
violent, violent crimes, but this is an individual that
does not value human life.
00:20:46
What that jury felt,
more than what they heard, is what they felt
during that testimony,
00:20:52
they will not forget. And it will infect them
when they're deciding, do I give the death
penalty in this case?
00:21:08
SUSY JOHNSON: How
do we neutralize it? Is there a way to either
neutralize it or make it less--
00:21:15
LAWYER 1: Damning?
- Yeah. SUSY JOHNSON: Have you
thought, or have we thought of just
listing mitigation
00:21:20
factors and then we figure out
who can help prove each factor? LAWYER 1: Yeah. We should definitely do that.
00:21:29
Yeah. LAWYER 2: He was a good
kid, went away to college, played football, went
and played jai alai.
00:21:35
He wasn't a kid in the
streets gang banging, doing the type of thing. I think that needs to be
at least thrown out there
00:21:42
to the jury because they
have no real insight to who he-- who he was. All they know is he went to--
00:21:49
SUSY JOHNSON: Somebody
has to do the history. Yeah. LAWYER 2: You know, we have
other issues going on right now
00:21:53
between the lawyers
and the family about what the next steps
are that could cause conflict
00:21:58
that they may not feel
comfortable with, you know, one of us doing it. So everything is going to
be couched in our failure.
00:22:06
And for the family,
it's going to be difficult for them to
go back to that level
00:22:12
of comfort and trust. SUSY JOHNSON: Whatever feelings
everybody's having, we can
00:22:17
have a discussion for
the next three years. But now it's all about
saving Pablo's life.
00:22:20
Like, OK, whatever. Here's where we are now. Correct. [serious music] JUDGE 1: When we
were last in session,
00:22:36
the state put on evidence. And they rested their portion
of this type of hearing.
00:22:40
We're now going to
turn to the defense. Does the defense
wishes to produce any evidence at this time?
00:22:44
LAWYER 1: Yes. The defense calls Candido Ibar. Candido, why is Pablo such an
important part of your family?
00:23:00
First of all, he
was my first son. That's number one. And then he was
always very popular.
00:23:06
He was always very
familiar with everybody. He still is. So that's where he is. LAWYER 1: Can you
tell the jury what
00:23:15
value Pablo has that they should
exercise mercy on his life? Well, I think Pablo's value is
very important for all family.
00:23:25
And I really asking from the
bottom of my heart to you guys can do, the best you
guys can do to help him.
00:23:36
LAWYER 1: OK, I have
no further questions. [wistful music] LAWYER 2: I find it--
00:23:52
it's going to be difficult
to go through a penalty phase without calling Tanya. LAWYER 1: I agree with that.
00:24:00
LAWYER 2: The jury
didn't hear the alibi. In penalty phase, she's going
to be cross-examined on it.
00:24:04
And I did it because I
know he was innocent. He was with me. I've known it for 24 years.
00:24:11
I've stood by his side. This has been my life. It's been horrible,
but I have no choice.
00:24:17
I cannot abandon this
man because I know, 100% in my heart, where he was. LAWYER 1: And it's very--
00:24:22
LAWYER 2: This may cause
that lingering doubt, that holdout juror
to say, oh, shit,
00:24:26
you know, maybe
we got this wrong. And it's very easy for her to
explain why she didn't testify.
00:24:32
LAWYER 2: Yeah. LAWYER 1: The more
I think about it, the more I like the
idea of the alibi
00:24:36
coming out in penalty phase. I like that. [wistful music] LAWYER 3: The judge
is clearly erring
00:26:03
on the side of the government
on almost every issue. You know, you're essentially
acting as a second prosecutor
00:26:10
in the room, and you're
deciding against us on pretty much every issue. He believes what the
prosecutor has been saying.
00:26:18
You've got to give a fair trial
to the state and a fair trial to the defense. That trial is for Pablo Ibar.
00:26:26
That's it. LAWYER 4: The judges, with their
experience in the courtroom, they should decide
the legal issues
00:26:32
so that if you're not
comfortable with the issues, if it's not something you're
prepared to handle emotionally,
00:26:37
intellectually, then there's
plenty of opportunities to do other work. Tell the jury a little
bit about yourself.
00:26:44
Again, my name is Tanya Ibar. I am the wife of Pablo Ibar. I'm a registered nurse,
and I've been married
00:26:51
with Pablo for 21 years now. And I have two children. In 2000, he asked me
to go on with my life.
00:27:01
He asked me that I
didn't deserve this and that I should move on
and live a normal life.
00:27:08
And I told him that
choice was mine. And I chose to stay in this. He didn't want me
to go through this.
00:27:20
Pablo is a selfless person. And I truly believe in him. And I stayed for a reason.
00:27:33
I've been in this because
he has made me the person that I am today. He gives me the ability to get
up every morning, to fight.
00:27:44
And I've learned not
to judge people just because of their situations-- doesn't make them who they are.
00:27:51
They can still be good
people, and we are. And I know it's so
hard for all of you
00:27:58
to understand this
choice that I have made, but I have truly
made it for a reason.
00:28:05
And I do. That man is my life. I was 16 when this came about. I'm 41 years old now.
00:28:19
I'm going to show you
what's been marked as defense exhibit D for identification.
00:28:22
Do you recognize this? I do. That's a card
that Pablo sent you? Yes. LAWYER 2: Tanya, I'm going to
ask you to just take a minute.
00:28:30
I'm going to ask you to
read the card to the jury as best you can. If you need to take
some time, please do.
00:28:40
"Tanya, real love is
constructed by two people who belong together, not by two
halves that need each other
00:28:52
so they can feel complete. Life is a long journey,
full of flowers and rocks. And there is good.
00:29:02
And there are bad moments,
and happiness, and sadness, and laughter, and tears. I'm grateful that
you have chosen
00:29:14
to walk this journey with me. We've constructed a true
love, one that cannot be broken because it is real.
00:29:32
Our love is the only thing
I truly need in my life. It makes a difference. I am thankful for you.
00:29:47
I love you with all of me. We can make it because
we have something that most couples don't.
00:29:58
And that is real love. Happy anniversary. I love you." LAWYER 2: Thank you, Tanya.
00:30:06
I have no further questions. JUDGE 1: Thank you. Any cross-examination? KATYA PALMIOTTO: No.
00:30:10
JUDGE 1: Thank you, ma'am. I appreciate it. Please step down. Can I just say one thing?
00:30:14
No, ma'am. OK, thank you. SUSY JOHNSON: I actually
think his childhood was a little bit rougher
than we think because Dad
00:30:30
was running around-- you know, Dad was
in and out, making kind of poor investments.
00:30:36
Mom was working in that electric
light bulb company or whatever. And he was kind of
protecting and being
00:30:44
there for his little brother. So I think that he had
more of a parental role. MICHAEL IBAR: So we
grew up together.
00:30:54
He was my older brother by four
years so I looked up to him tremendously. He's a phenomenal athlete.
00:31:00
So that was hard to
have to live up to. Pablo was amazing at everything. So it's a little tough for me,
trying to keep up with that.
00:31:09
But he was just like a father,
basically, to me, in a way. My father I love very
much, but my parents
00:31:21
divorced when I was young. And my father was
off playing jai alai. Wasn't in the state as
I got a little older.
00:31:30
So Pablo, for me, was like
the go-to father figure. He taught me how to ride
a bike, to talk to girls,
00:31:40
to be a man, basically. Between the age of 18 and 22,
my brother was incarcerated.
00:31:49
My mother passed. So I really was lost. My brother was the main
influence in having
00:31:57
me get my life together. And he had a way to motivate
me to get my act together.
00:32:04
And I owe a lot of that to him. LAWYER 1: And can
you look at the jury and tell them whether you
think the world is a better
00:32:12
place with Pablo in it for you? Yeah, there's absolutely
no question that-- I promise you, I would not be
here to plead or defend him
00:32:25
and I wouldn't have my
sons involved with his life if he was some evil person. I would love him as my brother,
but I wouldn't be here.
00:32:34
Just not comfortable
for me to parade my family around like this. And it's only because of
the great person that he is.
00:32:46
I love my brother very much. And I wish you all could
know him even a little bit,
00:32:56
of the way that I do. Obviously, you can't. But he's a good man. He's been in jail
for a long time.
00:33:09
And he will never
get out of jail. And I respect the decision made. But he is a good
influence on this world.
00:33:21
The world would definitely be-- it would be a tragedy for
him not to remain as such.
00:33:29
And he's affected so
many lives, and he would continue to affect so
many lives if he's allowed to.
00:33:36
And that's all. JUDGE 1: Thank you, Mike. [emotional music] MAN: Jury's entering.
00:34:18
Alexis Sucharski wrote,
"Over the past 25--" years, I've quietly sat back
and listened as his character
00:34:26
and lifestyle have been
questioned as if this was his fault. As a child,
regardless of his lifestyle,
00:34:32
I always felt important,
extremely loved, and as though as I had the
best dad anyone could ask for.
00:34:39
I think about this
tragic experience and how I completely
shut down afterwards. My innocence was taken, and
the child inside was destroyed.
00:34:46
My grades fell in school,
and I became angry. I've spent the
following years trying
00:34:52
to put the pieces
of my broken life back together, which has been
hard given the inability to put
00:34:56
this event behind me
that is continuously tugging at the thread
holding me together.
00:35:02
Every happy moment
in my life that he isn't here to be a part of has
a black cloud hanging over it.
00:35:08
No matter his choices,
my father did not-- "--deserve to have
his life end this way."
00:35:13
We 100% agree with that. This is the effect that
death on a family member has. People make bad
decisions in life.
00:35:24
They do good things
and bad things, but it doesn't mean that
her daddy didn't love her
00:35:31
and that she didn't
experience the horror of this. Margaret Edwards is the
mother of Marie Rogers.
00:35:38
She wrote, "Marie was loved
by many because she cared--" --about many. She helped classmates with her
homework-- with their homework,
00:35:47
with family issues, or with
whatever was ailing them. She selfishly kept the
family unit together
00:35:55
by assisting with the
care and upbringing of her younger brother Kareem. I could always count on her
to assist me with household
00:36:05
chores and errands. She was a daughter that any
mother would be proud of. I love and miss my
daughter tremendously.
00:36:14
Her death has made me realize
how fragile and vulnerable-- "--vulnerable we
are as human beings."
00:36:22
Kareem, Marie's brother. "Her murder left
a rippling effect that altered her family,
friends, and the community
00:36:31
forever. Marie's daughter--" --Simone, was two years old
at the time of her murder,
00:36:39
was yearning for her mother for
countless months and expressed through wailing
and moaning, which
00:36:44
was inconsolable
because we all knew she cannot express her pain. She could not
understand her loss.
00:36:53
And most soberingly,
we could not provide her with the person
who she so longed for most
00:37:02
and needed most-- "--her mother. Simone is an innocent. Simone doesn't
deserve any of this.
00:37:17
But she was made to suffer
because of the death. Children are innocent,
but they suffer.
00:37:31
That a vote for
the death penalty is a vote to
continue the trauma. It's a vote to continue
bringing this case up again.
00:37:42
It's turning the
heat up on the case. It's going back in time
25 years as opposed
00:37:47
to a tiny step in the other
direction, reducing the anger, reducing the hate. Why should we do more
of it, 25 years later?"
00:38:01
"Isn't it time to start to
put this past us just a little bit?" Deborah Bowie, Sharon
Lynn Anderson's sister.
00:38:12
"There was not a
day in my life--" DEBORAH BOWIE:
--in my life that I did not have my sister's
shoulder to cry on
00:38:17
or counsel to rely on. Sharon was the kind of person
who saw the glass as half full.
00:38:22
She was optimistic. She never allowed
negative things to change her perspective on life.
00:38:28
She was the first
person I told I was pregnant with
my first child, even before I told
my then husband.
00:38:38
Our mitigation
witnesses all testified to the same thing with regard to
their relationship with Pablo.
00:38:48
If you vote for life,
you allow things to heal. You reduce the anger. You reduce the hate.
00:38:59
I would submit to you that
the only logical decision that each individual juror
should make in this case
00:39:09
would be for life. Thank you. LAWYER 1: I think Kevin captured
that in his closing argument
00:39:19
as he talked about, to the
jury, you can sentence this man to death, and you will continue
the hate and the despair
00:39:29
that all of the people
in the courtroom feel, Pablo's family, the
victims' families.
00:39:36
I felt that he was
speaking to everyone. I think he was speaking
to Alexis and to Kareem
00:39:44
and to the victims' families. But I think he
captured it and said, or we can take a
slight step to the good
00:39:52
and put an end to this. - Both sides ready?
- Yes, sir. Yes, Judge. All right, bring in the jury.
00:40:31
MAN: Jury's entering. All right, let the
record reflect the jury has re-entered the room.
00:40:53
Ladies and gentlemen
of the jury, have you reached verdicts?
- Yes, we have. JUDGE 1: Please hand the
verdicts to the court deputy.
00:41:07
All right, the verdicts
read as follows. In the Circuit Court of
the 17th Judicial Circuit
00:41:13
in and for Broward County
Florida Criminal Division, State of Florida versus
Pablo Ibar, defendant.
00:41:19
Judge Dennis D. Bailey. We the jury finds as follows
as to Pablo Ibar in this case.
00:41:25
We the jury unanimously find
that the state has established beyond a reasonable doubt the
existence of the aggravating
00:41:31
factor that Pablo Ibar
was previously convicted of a felony involving the
use or threat of violence
00:41:37
to another person. Yes. We the jury unanimously find
that the state has established
00:41:43
beyond reasonable doubt the
existence of the aggravating factor that the
murder was committed
00:41:48
for the purpose of avoiding
or preventing a lawful arrest. Yes. We the jury unanimously find
that the state has established
00:41:55
beyond a reasonable doubt the
existence of the aggravating factor that the
murder was especially
00:42:00
heinous, atrocious, or cruel. Yes. We the jury unanimously find
that the state has established
00:42:06
beyond a reasonable doubt the
existence of the aggravating factor that the
murder was committed
00:42:11
in a cold, calculated,
and premeditated manner, without any pretense of
moral or legal justification.
00:42:18
Yes. We the jury unanimously
find the aggravating factors are
sufficient to warrant
00:42:25
a possible sentence of death. Yes. Section A, jury verdict as
to death as to count one,
00:42:31
having unanimously found that
at least one aggravating factor has been established
beyond a reasonable doubt,
00:42:37
that the aggravating factors
are sufficient to warrant a sentence of death, and
the aggravating factors
00:42:42
outweigh the mitigating
circumstances, we the jury unanimously
find that Pablo Ibar
00:42:48
should be sentenced to death. No. Dated this 22nd
day of May, 2019, in Broward County, Florida,
signed by the foreperson.
00:42:59
First of all, thank
you for your time and consideration of this case. This has been a very long,
arduous case for everyone.
00:43:05
[emotional music] Did we feel that death
is what was appropriate? Yes, we did. And that's why we
were seeking death.
00:45:11
But we respect the
jury's decision, and we are satisfied with
the three life sentences
00:45:19
that he received. And justice was done. LAWYER 5: It's not
about saying I want revenge or not want revenge.
00:45:27
Revenge did not play a part
of this, for any of us. I did not become a
prosecutor because I
00:45:31
was seeking revenge on people. I'm just glad that I was
part of the team that was
00:45:35
able to bring justice to this. If there's anything that
I could say about this is that I feel really
sorry for everyone involved
00:45:47
in this particular case
who has had to suffer through such a
tremendous tragedy and
00:45:54
such a horrendous, awful crime. [classical music] JUDGE 4: I think
that there's more
00:46:15
issues than a normal appeal. I think the judge made a lot
of controversial decisions,
00:46:20
including his decision
to remain on the case. I probably have not had
this many in a single case.
00:46:26
The judge was making errors
that I thought were reversible. JUDGE 2: You have admitted
that this sequence
00:46:33
of inappropriate behavior
violated Canon 1, Canon 2A, Canon 3B1, Canon 3B4, and
Canon 3B7 of the Florida
00:46:44
Code of Judicial Conduct. LAWYER 6: I think Pablo
will win on appeal. I think he'll get a new trial.
00:46:50
He's got great grounds on
several issues to succeed. It'll be another 10 years
before he gets another trial.
00:46:59
I certainly won't be trying it. I'm going to die in
a courtroom, I hope. But I don't know when.
00:47:04
Oh. Are you taping me again? Dammit. [classical music] LAWYER 1: I don't
have all the answers.
00:47:40
You saw all the doubts,
all the corruption, all of the mishandling
of evidence. And you saw that
Pablo may be innocent.
00:47:48
And then the Miami Dade
robbery and thinking maybe he did do it, and it
caused you to backtrack again.
00:47:57
And there's no real
answer that kind of answers all of the questions. And we'll just never know.
00:48:05
[wistful music] LAWYER 2: There's no-- no happy ending for anybody. A man just got life without
the possibility of parole.
00:48:27
He will never step
foot outside again. I'm not confident or
over-confident enough to say
00:48:34
that I did everything right. What could we have
done better as a team? I don't think we capitalized
on all of our talents
00:48:42
appropriately. I think our numbers hurt
us more than helped us. So I think it's an
ongoing process that it's
00:48:50
going to be neverending for me. I'll never be satisfied with
my involvement in this case.
00:48:58
Looking back, that's
one of the things, realizing that no matter
what the result in this case
00:49:04
was, there was no end or
happiness for anybody. I told myself when
this case was over
00:49:10
and the trial was
over, after going through that, that was a very
traumatic experience and very--
00:49:15
it beat me down. I've now recovered, but
I told myself I was done. I'm done with this case.
00:49:22
I need to move on now. And here I am. Once you get sucked into this,
there's no way to get out.
00:49:47
LAWYER 6: I think that Joe and
I should have tried it alone. If Joe and I had tried the
case, it would been quite a bit
00:49:53
different I can't
badmouth another lawyer, but I think if Joe
and I tried it, it would have been different.
00:49:58
[wistful music] I don't care how
many lawyers he had. He was convicted. So whatever your million
dollars paid for from Spain,
00:50:25
it didn't pay for
your freedom, did it? He was surrounded by a
bunch of people, right?
00:50:31
And we were represented
by the state. And the jury convicted him. So all the money in the world
can't hide the truth, right?
00:50:43
You don't have to believe
in the death penalty. He's not innocent. So I would say to
the people in Spain,
00:50:49
save your money for
a legitimate cause, for people who really
need your help. There are innocent people in
the world who are tortured,
00:50:57
who are accused of crimes. But Pablo Ibar is
not one of them. TANYA IBAR: Not having
the death penalty
00:51:34
was, again, such
a relief for us. It's not a winning thing. But we have to focus
now on the fact
00:51:42
that he is going to stay alive
until God chooses to take him. It's difficult because you
had so many, you know, dreams
00:51:49
and hopes. And you had all these
plans of, you know, we were going to
go back to Spain.
00:51:55
We were going to
start a life there. We were going to meet
new people and be amongst the people that
supported us and gave
00:52:02
us the power to do what we did. The only way I
think I can do that is by continuing to
fight, to stay positive,
00:52:13
to never give up. And I ask that the people of
Spain continue not to give up. It's just when you think
that you can't do no more is
00:52:21
when you need to do even more. And I feel in the end
that push is what's going to help bring Pablo home.
00:52:51
BRYAN BROWN: Yeah, it's in
this area if I remember. I'm not a vindictive person.
00:52:59
I'm not an angry person. I'm not the kind of
person that wants to see anyone wrongly convicted.
00:53:12
If you're asking me
about reasonable doubt, I would say I've had
my own questions.
00:53:20
I've had my own-- I don't even want to go
so far as to say doubts. I don't know.
00:53:28
All I have is an opinion. I suppose it would be a nice
gesture to get some flowers out
00:53:34
here at some point. ALEXIS SUCHARSKI: Mm-hmm. Or a vase. Right. This is it. Mm-hmm.
00:53:50
To even think about it
being over would be crazy. I mean, what-- it's
something that we
00:53:54
haven't known for 25 years. We've been dealing
with this, you know? I hope that it's
over after this.
00:54:02
I know-- I think it might be
easier if I knew what happened, like why they came there,
closure on that, you know?
00:54:11
At least there would be a
reason behind the craziness. It's just one of those things,
like you'll never know.
00:54:19
We have no idea why
they really went there. [wistful music] [folk music]