Geraldo Rivera Live - Wednesday, May 2, 2001
11 . "transcript May 2nd"
Posted by jameson on May-04-01 at 01:23 PM (EST)
May 2, 2001, Wednesday RIVERA LIVE (9:00 PM ET)
GERALDO RIVERA, host:
We have heard his conclusion that the killer was an intruder, a sick
pedophile. We have seen the
pictures that he believes show that a stun gun was used to subdue JonBenet
Ramsey. Tonight, in the
third part of her compelling interview with Smit, Katie reports on the retired
investigator's view that the
talented girl's horrendous death by strangulation was a deliberate act, not,
as many people have
speculated, an accidental blow to the head followed by a clumsy cover-up.
He aired half of the Couric Interview.
RIVERA: We'll--we'll have the second half of Katie's incredible interview with
Lou Smit in--in just a
minute. I wanted to take a quick break, first of all, to catch our collective
breaths. Those are, Gregg
Jarrett, the most stunning, horrific and deeply disturbing crime scene photos
of a child I--I think--I think
I've ever seen. I...
GREGG JARRETT (Attorney/MSNBC Anchor): Your reaction was revealing. You
said, 'Oh, my
God.' I mean, it's one thing to talk about this. It's another thing to actually
see the pictures which
persuade you that the child was very much alive when she was tortured,
strangled.
RIVERA: But what is the legal significance of the timing? Couldn't the parents
had--have hit her in the
head and not killed her so her body is still alive and then put the garrote and
do the rest of this
sickness?
JARRETT: Possible. But ask yourself the question: Would a mother who has
hit her daughter in a fit of
rage, having realized her daughter is very much alive, struggling--would she
have devised this very
complex, very sophisticated garrote for a cover-up, and would she torture
her child for several
minutes?
RIVERA: I don't know. But I--I--that is the sickest picture I've ever seen on
television. That is
something that I--that will haunt me now. I've been covering this story since
1996; this is too--too sick
for words.
Let me take a quick break because I don't want a lot of time to elapse
between part one and part two
of Katie's report. Who Killed JonBenet?--the--you know, what happened first
I guess is tonight's
installment. It continues right after this. Come right back.
He aired more of the Couric interview ending at - COURIC: Perhaps more
chilling, according to
Detective Smit, the evidence he says JonBenet's murderer did not leave
behind--the paint brush, the
stun gun and pieces of paper from the note pad the ransom note was written
on. Det. SMIT: People
perceive the Ramseys to be guilty not because of evidence but because of
perception.
RIVERA: That is a stunning interview, Gregg Jarrett, and he is so measured in
his presentation, he's so,
you know, intentionally under...
JARRETT: Yeah.
RIVERA: ...if anything undermodulated, it makes it so much more effective.
Now I understand he
made basically the same presentation to the grand jury. It's pretty obvious
now why they didn't indict
them.
JARRETT: Yeah. I mean, he does present a compelling case. Look, we've
listened through a couple of
days of his presentation. The open basement door--not all that compelling; a
lot of explanations for that.
You can rationalize the stun gun in different ways; allegedly it was a stun
gun. This, however, is fairly
persuasive because you've got the scenario of a sexual predator. And--and
they love the power
exerted, the pain inflicted. That was, that ligature, a torture device,
according to Lou Smit, and it fits
perfectly with his scenario of an intruder.
RIVERA: So as I understand it, Smit wanted to go to the grand jury. He was
denied the opportunity by
Boulder authorities, sued, got permission to present his case, tried previous
to that to publish these
pictures...
JARRETT: Right.
RIVERA: ...was denied that right but given the right later to retain the
documents after the grand jury
reached its conclusion?
JARRETT: Yeah. I--I think some time had to go by before he was allowed to
actually publish them--or
that is to say air them on television. That time has now elapsed...
RIVERA: Obviously.
JARRETT: ...and he's doing precisely that. This is the court of public opinion
now.
RIVERA: Well, I think in--in some ways this case has been tried there from
the get-go...
JARRETT: Right.
RIVERA: ...and maybe now we're hearing both sides. I--I still don't know.
Well, let me ask Dr. Cyril Wecht--you have been--you wrote a book. And
your conclusion in the book
is that John Ramsey did it. Are you now in doubt as to your conclusion based
on what Lou Smit has
presented last three days?
Dr. CYRIL WECHT (Forensic Pathologist/Attorney): Lou Smit, Dr. Dobersen,
where were you when
I needed you? Geraldo, watch your memory, my friend. Did I not say from the
beginning that this girl
had been sexually assaulted and was I not maligned and attacked on your
show and many others by all
kinds of people who said that that wasn't true? Did I not say from the
beginning, and it is not in my
book, that the rope around the neck is what led to the death and that the
blow to the head came later,
and people attacked me for that? The rope around the neck indeed did lead
to the death. But here I
disagree with Mr. Smit.
The examination of the neck--and this is important for a forensic pathologist.
Look on page eight of the
autopsy report. What we call a layer-by-layer dissection was done
meticulously by Dr. Meyer. Not one
petechial hemorrhage or any other kind of injury was found
subjacent--beneath the furrow on the neck.
That correlated with the piece of paint brush indicates clearly that there was
no intent to strangle. You
don't need that paint brush to strangle the neck of a girl whose neck is no
larger than that of a
good-sized bantam rooster. That was for control, and indeed it is tied in
perversely. I agree with Mr.
Smit and Dr. Dobersen in the rope around the wrists. There's no question
about it.
But what lead to the death then was the vagal reflex, the tenth cranial
nerve coming down from the
brain that sends fibers to the heart and lungs, which when compressed will
lead to a slowing of the
heart and then a cardiac arrythmia, ventricular fibrillation and death. And did
I not tell you many times
on your show and elsewhere that the blow...
RIVERA: But does it still point to John Ramsey, in your opinion?
Dr. WECHT: Well, wait a minute. Let me just--let me just finish--that the
blow to the head--and thank
you, Dr. Dobersen--the blow to the head definitely occurred when this girl
was dead or dying, seven
ccs of blood, less than two flat teaspoonfuls with an eight-and-a half-inch
fracture. If that was a beating
heart with carotid blood flow going up to the brain, you'd have a significant
amount of hemorrhage. OK,
so where I depart from Mr. Smit is...
RIVERA: Wait, I tell you what. Let me take a break. I got to. Where you
depart from Mr. Smit is what
will come right after this short break. Who Killed JonBenet? continues. Stay
tuned.
(Announcements)
RIVERA: Who Killed JonBenet? all this week. Katie Couric, an exclusive
interview with retired
Detective Lou Smit, uncovering some incredible documentary evidence, not
the least of which these
autopsy photos--these stunning autopsy photos of this trial. They are the
most deeply disturbing bits of
evidence of a crime I've ever, ever seen.
Let me--let me formally introduce our guests. With me here in the studio, my
colleague Gregg Jarrett of
NBC and MSNBC; he's an attorney, he's a former Court TV anchor, and he's
been covering the
Ramsey case since its very beginning. And our returning trio of experts. In
Pittsburgh, the man who has
performed 18,000 autopsies, consulted on another 25,000, forensic
pathologist Dr. Cyril Wecht who is
an attorney and medical examiner. In Denver--the yin and yang of this--first,
for the--for the Ramseys,
our--one of our top-notch attorneys, Larry Pozner...
Mr. LARRY POZNER (Criminal Defense Attorney): For the truth.
RIVERA: ...former president of the National Association of Criminal Defense
Lawyers. On the other
side--I guess you'd say for the prosecution or the Boulder authorities, Craig
Silverman, former chief
deputy district attorney of Denver, now a civil and criminal trial lawyer.
Dr. Wecht, you were saying where you diverge from Lou Smit, and I was
asking again how you can
squeeze what he has said into John Ramsey being the--among the
perpetrators.
Dr. WECHT: Well, as I--I--I--as I've already said, strangulation was not
intended here, sexual
perversion was, and sexual play definitely did take place. The blow to the
head, I believe, then, was not
done brutally to kill the girl. She was dead or dying for the reasons that I've
already said. It was done to
simulate brutality, which I believe Mr. Smit has bought into. So what I'm
saying is that the hard-core
features I believe are in place and I'm just amazed that it has taken years
for many peo...
12 . "part 2"
Posted by jameson on May-04-01 at 01:23 PM (EST)
RIVERA: All right. How does it point to John Ramsey's guilt?
Dr. WECHT: Oh, well, I think it points to John Ramsey's guilt then for a lot of
other reasons. I don't
believe that these actions took place in that basement. I believe that the
game probably was played
elsewhere. I believe the body was then placed down there. We all know that
it was conveniently not
found in my opinion in the 6 AM search and was fortuitously found seven
hours later when somebody
decided to look in another room.
I've just said with my seven grandchildren, when I was younger with four
kids, if a kid was missing in
my house--which I think is as every big--every--every bit as big as the
Ramseys', there's not a toilet
bowl that I would not have looked into. Isn't that fantastic that an entire
room, which by the way, a
maid who worked there for 14 months never knew existed until about a
month before on Thanksgiving
holiday when she was told the put something in there. And then the note,
the paintbrush, which is part
of Patsy Ramsey's, so this guy brings in a stun gun, but he forgets to bring in
the garrote that he's going
to use--to hook it up. He forgets to bring the pen and paper to write the
note, and then after having
written the note, calmly three pages of it in the middle of the night, he
forgets to take a 45-pound
package. You've just written a ransom note--$ 118,000--hey, how about
taking the body? Maybe you'll
get some money out of it before it's over. But he leaves the ransom note and
he leaves the body. That's
a bad ethnic joke.
RIVERA: All right. Let me, before I bring in our advocates from one side or
the other, Gregg Jarrett,
we'll rejoin you in just a minute, so stay tuned. Who Killed JonBenet?
continues. Take a very short
break and return.
(Announcements)
RIVERA: With Gregg Jarrett. We've just heard Cyril Wecht make a point that I
agree with, that this
was a very elaborate homicide to be perpetrated when the parents are
asleep upstairs--if, indeed, the
parents were asleep upstairs. But there is something that I can't explain. I
know that it has affected you
in your thinking, and it is the DNA evidence.
JARRETT: Yeah. If these grand jurors were ever willing to indict the Ramseys
what must have given
them pause was the fact that underneath the fingernails of JonBenet is male
DNA that does not match
John or Burke Ramsey and certainly not Patsy Ramsey. And the clincher is
it--it is the same DNA
that's found in her underwear. Now what are the chances of that? I mean,
she could pick up male
DNA anywhere throughout the day. But how would it be there in her
fingernails and in her
underwear?
RIVERA: You don't know what--it's not sperm though.
JARRETT: No, and you paused--you posed an interesting question earlier off
camera. Why no sperm
here?
Well, there are a myriad of cases in American history where sexual predators,
particularly pedophiles
do not have an orgasm, they do not ejaculate. It is the power exerted and
the pain inflicted--the control
that they enjoy.
RIVERA: All right. I'd--I'd love to spend a few minutes with
whoever--whoever perpetrated that
crime. Let me go now to our advocates. Larry Pozner, as is our custom
because the Ramseys have lost
up until the--this week anyway the battle of public opinion. You have the
burden. You proceed
first--your opening statement.
Mr. LARRY POZNER (Criminal Defense Attorney): Geraldo, their daughter's
dead. They can never
win. All they can do is hope to survive. And it's time for us to lend some
sense of dignity to what we're
watching tonight. This is new evidence. We haven't seen these pictures
before, and let's quietly talk
about them.
Geraldo, you're a lawyer. You're trained to be analytical. Look at the--the
knots on the garrote. It's
elaborate. It's almost macramelike. Do we really believe that a parent having
killed their child decided
to stage that kind of knot? Look at the knots around her wrists. As Lou Smit
points out, these aren't
simple knots, these aren't quickly tied. This is an elaborate scheme. Who
creates this elaborate
scheme? The sick mind of a brutal pedophile.
Now, last night we looked at stun gun marks. We saw a picture of her that
morning, Christmas
morning, with no stun gun marks, no marks on her face at all. How did they
get there? What is the
explanation if they're not a stun gun? We're looking at volumes of evidence
that tell us this isn't the
Ramseys. This is somebody else, somebody who came into that house with
sick ideas and knew they
wanted to torture this child. There is nothing in the entire history of the
Ramsey family that would lead
us to believe they are capable of this, that they had anything to do with
this.
RIVERA: Craig Silverman.
Mr. CRAIG SILVERMAN (Former Prosecutor): You know, this was extremely
powerful material.
But you have to ask yourself how does any of this support an intruder
theory. We're really proceeding
on a false premise that one family cannot premeditate brutal crimes against
another family member.
Yet, you know, we--we just don't want to believe that that could be the
case. But sadly, that is too often
the reality. You think about Susan Smith, think about O.J. Simpson, think
about the Menendez brothers.
The flip side of love is hate. And you talk to any experienced homicide
investigator and when they see
a particularly brutal crime, when they see overkill, they're looking for a close
relationship that's been
broken, and here--I don't see, as powerful as it is, how this supports an
intruder theory. The emotional
appeal of those pictures cannot be denied. It goes a long way toward
hurting the theory that Steve
Thomas has espoused, but it certainly does support Dr. Wecht's theory,
which I've been listening to
from the start, and he has set it forth from the beginning.
RIVERA: OK. Let me go back. Larry, you believe there's a new level of
evidence, and you believe
that the conclusion now unmistakably points away from the Ramseys?
Mr. POZNER: It does indeed. If we look at how elaborate the knots are, if we
look at the stun gun, and
of course, now we've got rid of this old notion of no footprints.
RIVERA: Well, let me--let me ask you that on the elaborate knots. You know,
I'm a sailor--knots
are--that's a part...
Mr. POZNER: Yes.
RIVERA: ...of my life. It doesn't take long to tie a knot, even as elaborate as
that. The knot does not
appear to be an overly technical knot. You don't have to be a sailor to tie
that particular knot. If the
child is totally--if the child is--is not your child and you're in this stranger's
house and you're perpetrating
this elaborate ritualistic, horrific homicide, are you going to take the time to
be tying knots like this, or
are you going to rush it, or are you going to, you know, get this thing done,
or are you going to take the
body to some safe, secure location and do what you wanted with this
45-pound kid?
Mr. POZNER: This is--Geraldo, what is the human being that sneaks into a
house that's occupied that
does this to a child? We're talking about a high risk criminal. We're talking
about somebody who has
fantasized about this violence many times before and is now acting it out on
this child. There is no
reason to think that anybody in this house decided to sexually molest their
daughter, tie a garrote around
their struggling daughter and strangle the life out of her. Geraldo, what we're
seeing here is so horrific
and it's so out of character for anything we know about the Ramseys and so
in character for a brutal
pedophile that it--it--it just goes beyond imagination to keep saying the
Ramseys did it.
Here's what we have, Geraldo. You, I know, want to see this solved. It's
time for you and others in the
media to cry out for independent investigation. Until this is taken away from
the Boulder police...
RIVERA: What forum would it take? What would the forum be? What
would--what would the--you
mean a public grand jury?
Mr. POZNER: Give it to other law enforcement agents. Give it to other law
enforcement agents to
investigate.
RIVERA: Like whom?
Mr. POZNER: The--the Boulder Sheriff's Department. They have more
experience in homicides...
RIVERA: I don't know about that.
Mr. POZNER: ...than the Boulder police.
RIVERA: I'd go along with the Colorado state police.
Mr. POZNER: But look at what--what--look at what has happened here.
You've got a--you have Steve
Thomas assuring us that he knows it must have been Patsy, and he has a
theory--no facts.
RIVERA: OK.
Mr. POZNER: You have some doctor from Cleveland who assures us that it's
the father. You have
Lou Smit, who's done more homicides than all of them who was brought in
independently saying look,
this points to somebody else, you have a prosecutor from Boulder devoting
his career to putting people
in prison, Trip Demuth, who says it looks like an outsider. You have Steve
Ainsworth from the sheriff's
department brought into investigate this case--no friend of any
criminal--who is saying to us, this looks
like an outsider. Why aren't we listening? I'll tell you why, Geraldo. Because
once we abandon 'It was
the Ramseys,' we don't have a face and a name to fill in and we're all
terrified.
RIVERA: Good point.
Mr. POZNER: That means we'll never solve it.
RIVERA: Good point. I only for the record state this. When Nicole Brown
Simpson's neck was almost
severed, Johnnie Cochran looked at that jury and said 'Could the father of
these children do that to the
mother of these children?' And now I believe, in my constitutional protected
opinion, that he probably
did exactly that. Sick people...
Mr. POZNER: The father of those children had a history of abuse.
RIVERA: ...even people who are no normal can--I know you disagree with me
about O.J.
Dr. WECHT: Geraldo, could I make a comment, please?
RIVERA: Yeah. Wait.
Dr. WECHT: Oh, all right.
Mr. POZNER: I'm not sure I do.
RIVERA: Wait. I want to go to Craig Silverman first--Craig, to rebut, if you
can, Larry's point, that
there is nothing in the history of the Ramseys to remotely suggest that they
could perpetrate a barbaric
act that is this--this beyond the pale.
Mr. SILVERMAN: Obviously, we don't have a similar on this scale, and early
on, on the Monday
report...
RIVERA: What do you have? There's nothing. What do you have? You don't
even have a pediatrician
who says she was abused.
Mr. SILVERMAN: Well, we--we have--well, we have some evidence of prior
abuse that we discussed
on Monday, and maybe there's not pathology, but there certainly is some
strangeness in the family. We
have Patsy Ramsey and presumably John Ramsey's obsession with this child
pageantry which some
would categorize as form of child abuse. Remember in Larry Schiller's book,
he notes that over two
dozen of JonBenet's pageant trophies were in the master bedroom. Not in
JonBenet bedroom, but in the
master bedroom. We have a mother who was a beauty queen who was
obviously fading in her looks.
She was turning 40. She had just turned 40. JonBenet Ramsey was becoming
the star of the family.
We're talking about a stressful time, a family vacation planned the next day,
Christmas--there are all
sorts of possible religious overtones to this.
RIVERA: OK.
Mr. SILVERMAN: Psalm 118, the $ 118,000 demand, so there are some
unusual circumstances here,
Geraldo, that cannot be ignored.
RIVERA: OK. OK. I want to thank Craig Silverman, Dr. Cyril Wecht, Larry
Pozner. You want to
make a brief closure?
JARRETT: Yeah, very brief.
RIVERA: Very brief.
JARRETT: None of what we've seen so far is incriminating of either the
Ramseys or an intruder, but at
the same time it is not exculpatory. It is that massive gray area in American
criminal law--one of the
great unsolved murder cases, and there are many of them out there.
RIVERA: And it sickens us that someone could be walking free who did that.
JARRETT: Right.
RIVERA: Whoever that might be. All right. Thanks, Gregg. Thanks a lot. I
really--really appreciate it.
JARRETT: Sure.
RIVERA: Thanks. All right. Let me--stand by, a real treat. Don Hewitt, the
executive producer, the
founder of "60 Minutes," re--maybe the architect of all of these--these
programs. Stay tuned. He'll be
right here.