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tv   Justice With Judge Jeanine  FOX News  June 16, 2012 9:00pm-10:00pm PDT

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and prourgs of the series apologized saying the head was not a political statement. that is wrap on news watch. thanks to our panel. i'm jon scott. >> judge jeanine: tonight on "justice." he is accused of plotting with his mistress to kill his wife and now he says the mistress is trying to kill him. so where is the wife in all of this? standing by herman. and then, a father kills a man who sexually mow h molested his five-year-old daughter. hero or criminal? hello and welcome to "justice." i'm judge jeanine pirro. for a texas woman the news that her husband was having an affair was the least of her problems. 2010. yvonne stern and her family temporarily move to an
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apartment because an unknown gunman fired upon their houston home not once but twice. then, on may 5, a man approaches yvonne in the parking garage below her apartment building and shoots her. >> i felt terror. i never thought in a million years that would ever have happened to me. >> she survived. but while in the hospital recovering, yvonne gets unnerving news. her husband jeffrey stern has been having an affair and his mistress michelle guiser hired multiple hit american to kill h her. the mistress says she didn't act alone and the real mastermind of the hit on yvonne is yvonne's husband. jeffrey is indicted for indicting capital murder. shockingly, yvonne stands by herman. >> i believe in him
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wholeheartedly. he had nothing to do with this and could not do this. we are victims of a fatal attraction. my husband and i both all of us we have all been victims under this sociopath's spell. >> michelle geiser pleads guilty and in a deal prosecutors agree to a maximum of 25 years in prison in exchange for her testimony against jeffrey. but this week a new twist. >> michelle from her jail cell has plotted yet another murder. >> lawyers for jeffrey stern hold a press conference saying that michelle while in prison tried to hire yet another hit man. this time to kill her lover frr allegedly written by geiser. >> if you catch him there and he dies there the people will think the wife did the planning to kill him as revenge. >> judge jeanine: chip lewis is the attorney for yvonne stern.
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thanks for being with us this evening. >> gladly. >> judge jeanine: what is up with your client staying with this guy who is having an affair with a mistress who at the least commissions to have her are murdered three time not to mention he is charged with the facilitation of capital murder. why is she with this guy. >> she he is an intelligent and head strong woman and i assure you it was not a knee jerk reaction. the revealations about the affair were damaging to her and her family and yvonne filed foredivorce immediately. since then we have learned a great deal about both the affair, the attempts on her life and the relationship and yvonne has scene fit to give her husband another chance although he has admittedly cheated on her but she is convinced that he haded nothing to do with these attempts on her life. >> all right. and even though jeffrey stern is indicted and about to go on trial for the solicitation of
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capital murder of his own wife who versu has chose ton forgiv, the defense team has come up with a letter supposedly written by the mistress putting out a hit on the life of jeffrey stern. >> that's correct. four weeks ago we learned that ms. geiser commissioned a hit on jeffrey stern from the jail. a cell mate who she was con fiding in and passing messages let us came forward and tet us know that in fact ms. geiser asked her to pass a letter to a hitman on the outside. the forensic team of the fbi confirmed it is her hand writing. they approached her last week, confronted her with this and she in fact admitted to the writing of the letter and the solicitation of yet another capital murder. >> so then chip if the fbi is involved in this, has confirmd
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that she actually wrote the letter, that is the mistress wrote a letter to have a hit on her boyfriend then why aren't there criminal charges pending against her for the additional solicitation of murder? >> that i is the $64,000 question, judge. mrs. stern a perplexed and frustrated with the district attorney office failure to act in the case. >> judge jeanine: have they given hear reason why? >> some half hearted excuses but frankly none of them pass muster. >> judge jeanine: there are those who believe that the letter that no one has seen that was waived around in a press conference but none of us have actually seen it is nothing more than an attempt by the defense team to discredit the prosecution's main witness in the prosecution of jeffrey stern their client. what do you have to say to that? >> i think from an outsider's perspective that is a very fair criticism. however, the prosecution is
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aware this is not mrs. geiser's first attempt. we learned through civil discovery that less than five years ago she solicited a hit on a former boyfriend. >> judge jeanine: was she prosecuted for that? >> no, he has come forward in light of her attempting to kill mrs. stern. we have five solicitations of capital murder. the d.a.'s announced this week they have called off all deals based on the fact of the latest solicitation. >> judge jeanine: always good to talk to you. great attorney from there down in houston. thanks for being with us. and a former colleague of jeffrey stern's attorney paul nugent. thanks so much for being with us, rocket. you heard chip lewis. he says number one they have a letter that the fbi did hand writing analysis. number two, that the mistress
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admitted to writing a letter which requests or solicits a hid on the boyfriend. why is this woman, michelle geiser not charged? >> she is getting preferencial treatment. she is their star witness against jeffrey stern and that forwardaul nugent came ford and had to have a press conference. what happens in the state of texas when michelle geiser is called to the witness stand by the state prosecutor the cross-examination of michelle geiser will be as follows isn't it true, ma'am you are accused of solicitation of capital murder with a letter that paul nugent will display to her that is self-admitted by her writeing that she not only wants to take the life of jeff stern she wants to have his throat slit in his hometown of bel-air, texas. this is a disgrace. it is unacceptable and i have
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been coming down to this courthouse for 30 years in the trenches and the district attorney's office has to dismiss the charges. >> judge jeanine: forget about dismissing the charges. first of all, there is no question that the admission that this is in fact michelle geiser's solicitation destroy's the prosecution case because she is the prosecution star witness. but at the same time the fact that she may have solicited to have this guy murdered and that she is in the habit of having people murdered doesn't negate the fact when she was sleeping with jeffrey stern an admitted fact they could have agreed to do something. one doesn't automatically negate the other. >> but as you know because you prosided in that courtroom it is about credibility of witnesses. witnesses who are believable. witnesses who come in to a sacred, sacred place and you are right it doesn't negate it but no district attorney in this country would ever allow
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this type of psychotic personality to even enter a witness stand. >> judge jeanine: what about the fact that this secretary apparently is coming up with all kinds of money, $40,000 to one hit man and $10,000 to another, $3,000 to another. a car to another. there were three separate attempts on yvonne stern's life. where does a secretary come up with this kind of money if she doesn't get it from her lover? >> she is an illegal immigrant. she has been here and in fact there is a detention hold on her now. she has contacts all over this country and outside of this country. >> judge jeanine: to kill jeffrey stern? i mean so she is illegal. where is she getting this money? is she a drug dealer? >> i can't answer that question, judge. the fact of the matter is not only did she want to kill jeffrey stern. jeffrey stern's wife to try to attempt to kill a hit man that didn't succeed in the job, she peppered that house that jeffrey stern lives in with
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her -- with his children his wife and himself present. >> judge jeanine: are you saying that the d.a.'s office has a vendetta against jeffrey stern and would ignore real factual evidence just to put this guy in jail to favor her? >> i cannot for the life of me, judge, comprehend how the district attorney can protect this lady for the life of me. and i have been coming down here for 30 years and i just don't get it. >> judge jeanine: all right. rocket rosen thanks so much for being with us this evening. >> thank you. and happy father's day to all of the fathers out there. >> judge jeanine: who better to comment on this bizarre love triangle than the one and only joey. he is here with us to give h his unique perspective on the stern family saga. a father you catches a man
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sexually abusing his five-year-old daughter and kills him with his bea bare ha. should justice end there? that is coming up. journey acro, i found new ways to tell people about saving money. this is bobby. say hello bobby. hello bobby. do you know you could save hundreds on car insurance over the phone, online or at your local geico office? tell us bobby, what would you do with all those savings? hire a better ventriloquist. your lips are moving. geico®. fifteen minutes could save you fifteen percent or more on car insurance.
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>> judge jeanine: youle all remember him. his girlfriend tried to murder his wife in 1992. joey but who just signed with a production company to have his own reality show joins me now from los angeles. how are you, joey? >> your honor i'm doing very good. great to see you again and i'm proud to say there are no cases out there tore me right now so i'm glad to be here. >> can you relate to this sto y story, joey? >> this story is insane. it is a parallel to 1992 and it is frightening to me. it really scares me. this is insane. i wanted to so much comment on your exchange with that
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attorney. >> judge jeanine: talk to me. >> just before because i got to tell you something he is saying how could a d.a. allow the shooter and take the side of the person that perpetrated the crime and in 1992 that is wha exactly what happened with mary jo fisher. she was on ecstasy and does not remember committing the crime but that did not stop the assistant prosecutor with com coming forward with coming after me on statutory rape claim. >> judge jeanine: they didn't indict you for facilitation of murder. this husband is charged with facilitating his wife's attempted murder. >> they tried to do that to me and there was nothing out the e there. they tried very hard to do that and that just wassent goinsento happen. >> judge jeanine: amy shot your wife in the face mary jo and we all remember that. this woman tried to kill his wife not once, not twice but
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three times. at some point don't you think even you, jo joey bufttafuco tt this man knew that the mistress was trying to kill his wife? >> no. i will tell you why. my house was riddled with bullets before mary jo was sh t shot. our house on adam road west was shot at and there was a molotov cocktail blown up in front of the house and the cop says you should have known something was wrong. you do not know, that is what is scary. you don't know. i didn't know. >> judge jeanine: you don't think it is unusual for this guy jeffrey stern not to make the connection gee, maybe it is my mistress doing this. >> it is my experience. whether i was out there or not carrying on with amy fisher at the time i have no way of kno knowing who shot at my house or who threw a molotov cock tale out in the street in front of
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my house. only afterwards the police come and tell you this is all her. i had no way of knowing. >> judge jeanine: what about -- go ahead, joey. >> the one thing i tell guys all the time. a lot of guys come up to me and they want to talk to me about me case. and what happened to us as a family and i tell them listen if you are married and you are going to go outside your marriage be ready for the worst because it can happen because it happened to me. >> judge jeanine: and happened toia yvonne. >> you are inviting your family to get hurt. your children. your wife. you. everything you are trying to build. you are inviting that when you go out and mess around and i tell that to people all the time. >> judge jeanine: now, you believe in monogamy, one woman? >> i do. i do. i hurt a lot of people not physically but i'm directly responsible. i own that today and that is where our show is going. a lot of things i just found out recently over the last 20 years i never heard and i'm hearing it now.
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>> judge jeanine: got to wrap. we got to wrap, joey. always good to see you. thanks for being here. >> you know what, your honor this story is frightening. >> judge jeanine: and it is real unfortunately. >> it's real. >> judge jeanine: up next, our "justice" expert panel breaks down the murder for hire case. and later should the father who kills his daughter's molester go to jail or get an award? plus, everyone knows thomas kincaid's paintings. now, his wife and mistress are fighting over his estate.
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>> judge jeanine: with me, dr dr. john sharp, harvard university professor of psychiatry. former can prosecutor joey
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jackson. criminal defense attorney ryan gilbert and former nutley, new jersey police lieutenant steve rogers. gentlemen, this letter that no one has seen, does it exist? >> oh, absolutely. i would believe it exists. listen, this is a person who is a lunatic, this woman. >> judge jeanine: but they don't show it to anybody? >> they don't show it to any one. this is a person who three times tries to have her killed and not only that tries to kill her boyfriend. >> judge jeanine: why does she want to kill her boyfriend if she has a plea deal based upon her testifying out of him. she benefits because sh he is dead. a matter of getting him out of the equation all together. >> judge jeanine: is there a letter? >> i think there is a and there is a logical reason why she wants jeffrey stern dead. she can't have him, he is back with his wife and she wants him out of the picture. >> judge jeanine: do you believe there is a letter?
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>> the reason why the fbi may not discuss the letter is there may be a lead this there they will pursue. this is still an active open case. >> judge jeanine: it is highly unusual for them to look at a case in a week and get a hand writing exemplar and say we got a confession from her. that doesn't make sense to me but that doesn't mean it didn't happen. how did the defense get it their hands on the letter? >> due diligence. >> judge jeanine: what defendant in jail writes a note soliciting murder. >> when you are going up against prosecutors like you you have investigators throughout and you have to match fire with fire and this letter sheds a real spark on what the case is all about. goes to show she has unclean hands and is not mentally well, right. >> judge jeanine: there is no question if she wrote the letter the key witness in the prosecution case is basically dead. what other evidence is there, steve? can the prosecution prove it case against jeffrey stern?
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>> this is a he said and she said and the bottom line is without ration rat corroboratey one else the case is dead. >> no jury will want to believe this twa is guilty beyond a reasonable doubt when you have a woman trying to have him killed while she is in it prison. >> judge jeanine: i'm with you. >> i'm with you. >> judge jeanine: are you being a prosecutor or defense attorney? >> he knows all about it. why the first time that she shot up his house was the wife not there. if i'm engaged in a plot to kill my wife wouldn't i give you the team my wife would be there. and the second time the house is shot up he is in the house with his children. what person would give the okay to give a hit while i'm in the house with my family. doesn't make sense at all. >> judge jeanine: the question that i think is outstanding here is where does the secretary get $40,000 to $60,000. by the way, she is his
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secretary or office manager, excuse me. mean to tell me he doesn't know the money is being moved arou around. >> that is the $64,000 question the money trail. i find it hard to believe that he did not know something especially when it comes to the bottom line, money. >> judge jeanine: i'm with you there. dr. sharp esteemed psychiatrist why would a woman stay with a man whose mistress tried to kill her three times probably with other husband's own money. >> a couple of octobers. possibilities.f octobers she loves him that much. she can compartmentalize. could be see is finding a way to reconcile the pieces difficult to put together. >> and do you think this is unusual? how many women would stay with a guy in a situation like this? >> very few. she is not a desperate person. i don't see her struggling. i don't see why she would have
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to stay with him. she is choosing to stay with them. i don't think that is a common thing. >> judge jeanine: the fact that the mistress would put is hit on the wife is one thing but then for her to say i'm standing by my man. >> judge, why do you think they have that song? >> judge jeanine: stand by my man. i wonder what thanksgiving is like in a house like that? >> this is the best way she can make sense of it. if she he says my husband is a killer and i got to live with that it is probably harder for h her. if she can believe he is not, maybe he is not, she is in better psychiatric condition. >> judge jeanine: i don't know how you heal with something like that. you guys are veteran attorneys, a veteran cop here you know that the defense's best game is when they turn their client the defendant into the victim. isn't that what is going on here? >> well, you know what, he is a victim here. he is a victim of this person's lunacy and a victim of her jo l joelcy and malice.
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and a victim all together and being further victim advertisie prosecutor for moving forward with with the evidence. >> judge jeanine: he is victim of his own choices. >> the overwhelming majority of the cases are right back at home. the problem is in the home. it points right back to a relative. this may be. >> judge jeanine: we'll see. it will be interesting to follow this, guys. gentlemen, stand by, you will be back with us in a little b t bit. coming up, a father kills the man he finds molesting his fi e five-year-old. cops say they won't charge him. so why would this case even go to a grand jury? and later, it is barely ledge ledgible but could a handwri handwritten will be the key to who gets painter thomas kincaid's millions? if you're cn to help you take more financial control, regions has options for you. our experts will help you with advice and guidance to find not just a loan,
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rafferty. new manpower now joining the battle against that raging wildfire in northern colorado. more than 1500 firefighters are now on the scene. the fire is now about 20% contained but 181 homes have already been destroyed and 85 square miles have burned. evacuations are ongoing. in several wildfires bur burning in new mexico as well including the whitewater baldy fire which has so far charred 450 square miles of forest and no relief from dry hot weather in sight. four japanese mountain climbers presumed dead after an avalanche on alaska's mount mckinley. the team was attempting to scale the west mountain when a wall of snow fell on them. be one team member survived after falling into a crevasse and climbing out. i'm he marianne rafferty. now, back to "justice" with judge jeanine. kner. now, back to "justice" with judge jeanine. >> judge jeanine: a texas father beats to death the man
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he catches molesting his fiv five-year-old daughter. please won't arrest him. why would the d.a. want to send the case to the grand jury? with me from san antonio, the reporter yami. thank you for being with us. >> thank you, judge. >> judge jeanine: what can you tell us about this case? >> this case, i mean everybody is talking about it. even on monday when we first heard about it and headed out to shiner about an hour and a half from san antonio people were talking about it. it was all over the social media and everybody seemed to have the same opinion that he was justified in what he did. now, yesterday we did receive a press release from the sheriff in the county giving us a little more information about what happened. in that press release he talked about a witness seeing the 47-year-old man carrying off the child. he alerted the 22-year-old father who then went looking for the child and was screaming
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out her ar name. the child screamed. when found her according to the sheriff's office the man had his pants down and was actually exposed. that is when the father started beating him on the head and neck to get him off his fiv five-year-old daughter. also like we reported on monday we are told this case is definitely going to the grand jury. now, the district attorney in guadalupe county says that the sheriff was correct in not arresting the father because he was defending the child as they believe it to be. i think, judge, a lot of people right now are shell shocked with what happened in florida so i think they are going to do everything they need to do so there are no questions that due process was served here in texas. >> judge jeanine: what is interesting, yame, is that if as the sheriff quoted texas law gives the father the right to to this and the sheriff was very particular about his quo e quoting the texas statute, i mean the presentation to the grand jury seems to be nothinig
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more than a formality given the fact that the sheriff has said basically there is no casey here.ncase here i don't quite understand why the presentation. thank you for being with us y m yami. >> thank you very much, judge. >> judge jeanine: he has a unique experience, personal experience with vigilante justice. jody was 11 when his dad shot and killed the man accuse of kidnapping and a molesting him. jody now a victim's right advocate joins me on the phone. also from baton rouge, the woman who prosecuted jody's father in 1985 assistant district attorney prim burns. jody, are you there? >> yes, i'm here. >> judge jeanine: thanks for e being with us, jody. i imagine even hearing about this case is all too familiar to you and brings back a lot of memories. what is your reaction to this case? >> well, any time a case like this happens where there is some type of vigilante justice
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especial isly in a sexual assault situation. i woke up i think it was monday morning and i had ten text me s messages and people were tal talking about it on different radio programs and e-mails. it just brings back hey, you know what, i have been through something like this. and it is never ever a good thing any time it happens. >> judge jeanine: and jody what happened to it you clearly influenced your life. you are victim's rights advocate. how do you think this is going to affect the little girl? >> well, i tell people all the time with the proper support i think that the little girl can be okay. i think you know she is young enough to where she really probably didn't know what was is going on and if people would just leave the family alone and let them get support i think she can end up growing up to be a happy and productive person in society. >> and you prosecuted joey's dad for murder. was it difficult doing this?
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>> it truly was, judge. as you know, being a former district attorney these are the kinds of cases that truly rip your heart out. you are trying to achieve justice because there is a decedent but in the process there is a child who is is a victim who must be handled with the tenderest of care and jody is an exception. jody is an exception to the way we normally see the victims of these types of cases. he has made a successful life for himself. so in weighing what we do, so often it is do i put that child on the stand. how is my evidence going to be presented. do i damage him that much more than he has already been dama e damaged. >> judge jeanine: it is interesting you say that because i used to try these cases also. i always felt it was cathardic for the child to take the stand and say this happened to me. you are the first assistant in
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your office, you know how much rapists get away with it. in your heart of hearts wasn't it hard for you you to prosecute jody's dad for taking justice into his own hands? >> it was. it was. and i have got to tell you, where it happened in the baton rouge airport by the telephones every time i walk through that airport near that area it bri g brings everything back to me because you know that the child has been hurt. you know what the effect was when the family found out there had been a rape in this case, a molestation. and what you are trying to do is to do the right thing but you are in essence defending someone who you would have also prosecuted for a life sentence crime and sent to prison for the rest of his life. >> judge jeanine: looking back, prem, you told one of my producers looking back maybe it was a mistake to tell jo jody's dad that his son had been mow he lefted. why. >> what happened was before the
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defendant was brought back to baton rouge by the fbi for kidnapping jody someone from law enforcement told the parents the results of the rape kit. >> judge jeanine: are you sa saying they shouldn't have been told? >> they should have been told but under the proper is a scenario and circumstances by the proper trained people and to have a support network around them as well. >> judge jeanine: going through your life how did this affect your relationship with your dad who ended up kelly wrigh killie that had molested you? >> i was upset with my father because usually the children e being molested is molested by a family friend or someone they care about. i was mad at me dad. i understood why he did it. it was something that he couldn't live with and he felt he had to do. and you know, i -- you know, me and my dad had a great relati n relationship. he is not doing real good now but we have had a good relati n
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relationship. >> judge jeanine: jody and prem thanks for being with us tonight. we appreciate your input. up next, our panel weighs in on vigilante justice. and then the wife of famed painter thomas kinkade and his painter thomas kinkade and his mistress square off over having an irregular heartbeat called atrial fibrillation painter thomas kinkade and his mistress square off over puts you at 5 times greater risk of stroke. don't wait. go to for a free discussion guide to help you talk to your doctor about reducing your risk. that's you walk into a conventional mattress store, it's really not about you. they say, "well, if you wanted a firm bed you can lie on one of those.
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>> judge jeanine: the fate of a man who beat his daughter's rapist to death will rest in the hands of a grand jury in texas. should he get jail time or keys to the city? dr. sharp, detective rogers, joey jackson and ryan gilbert rejoin us. lawyers, not moreally, legally. is this justifiable homicide? >> i believe it is, judge. it was dehe fending his daughter against sexual assau t assault. it is in the statute. i don't see how it case would make it ou out of a grand jury under the circumstances. if there is no evidence to refute the father's story i don't see how they would get out of a grand jury. >> steve, you are a former detective lieutenant. tell me what corroborating evidence would they need to support the father's claim that his daughter was being molest d molested? >> you have a crime scene. the police would go to the crime scene and look for physical evidence at the crime scene. dna on the victim and the suspect and they will have a for are ren sic for forensic te
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4-year-old. >> judge jeanine: now, she is five. in addition if the guy is dead with his pants down and he is partially naked and the girl is take tonight hospital as you say. >> and i think most of america says good for you, dad, good for you. >> judge jeanine: that is why i didn't say morally. i said legally. >> even if it didn't go to a jury because the grand jury thought you would have charges. >> i don't think there is a jury in humanity who is going to convict a father protecting his four-year-old against an abusive predator. >> the father says i called. i did it. i killed him, i'm sorry. dr. sharp what happens to any parent when they see their baby being molested by an adult? what happens in their head. >> life and death and you throw your whole self into it. you may not remember exactly what you went through or you
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may be deliberately proceeding to take justice into your own hands. ask the father and see what ketel us about it. it is completely understandab e understandable. i don't see any question about how he should be recognized as a hero here. >> we hear about mothers who get all this adrenaline and can pick up a car that is on their child. when something like this happ n happens do they see rage or do they say -- do they form the intent to kill? >> goes both ways. some people see red. some see white. some people see that they have to commit this act and make sure that this person never does anything like this again. it can be more deliberate or more impulsive and either way he is responsible and i believe that he was determined in that moment. >> judge jeanine: to commit the crime. to kill him. >> to kill him. >> and your honor, this is not vigilante justice either. this is a dad who stood his ground since those are the terms we are usining these days for a defenseless young girl who could not stand her ground.
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>> judge jeanine: no question about it. everybody that i have spoken do and everybody in the town thi k thinks he is a hero and deserves the keys to the city. why is the d.a. putting this in the grand jury? >> you know better than all of us why. >> judge jeanine: that is why i don't get it. >> you have to protect the integrity of the process. >> judge jeanine: hog wash. >> we can all understand and sympathize with the father for engaging in the action. a grand jury has to determine it was not retal torrey and done in means of protecting his daughter not in means of i'm upset you you did this it and therefore i'm taking your life. >> i think they will in his five. you don't know if it is protection or he decided there should be retribution. >> exactly. >> judge jeanine: here is the bottom line as far as i'm concerned the sheriff laid it out. they have got the evidence. have whatever you want to call it and make a decision to not present it because you know there will be jury nul nullification. he is being call adhere row.
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but dr. sharp where does he go from here. in the quiet of the night is this like a post traumatic stress thing? is he stor sorry about what he? what happens to him? >> it is really interesting, judge. i believe that he he is going to have a difficult time right now dealing with all this but that shortly he will have an easier time than if maybe he just turned this guy over to the justice system because he knows that he took care of it once and for all. even though you might imagine a lot of guilt and regret, maybe he feels a lot of closure. most parents would. >> judge jeanine: and a the five-year-old will she is a memory of this? >> a vigilante memory of some threat and that can creep into her life and be addressed through child therapy or therapy later on. probably won't be a specific memory of the details thank g d god. >> judge jeanine: i don't think so either. i don't know, guys, you tried these cases. steve? >> i would like to say that he did what he had to do to protect his daughter and that is the bottom line. >> judge jeanine: and that is why nothing is going to happen here. anyway, thank you, gentlemen.
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the multimillion dollar estate battle rages on between a painter's wife and his mistre s mistress. [ male announcer ] if a phone rings at your car insurance company and no one's around to hear it, does it make a sound? [ meows ] or if a tree falls on your car and no one's around to answer your call, do you make a sound? the answer is probably "yes" [ growling ] and "like a howler monkey." unless you're calling esurance. they have live humans on the phones to help 24/7. so you might make different sounds, like happy human sounds. esurance. insurance for the modern world. click or call. it's time to get going. to have the energy to keep up with your kids. to step up to a new challenge. it's time to start gellin' with dr. scholl's and feel the energy from your feet up.
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>> judge jeanine: he painted beautiful scenes. but left behind an ugly drama between h his wife and the mistress. h his paintings hang in one out of every 20 homes in america died on april 6 at age 54 of an alcohol and valium overdose. his live in girlfriend now is in a legal battle with his estranged wife. at issue, two hand written letters that give the mistress huge chunks of the artist's estate.
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all right, guys, is how can this guy paint like this when can't even write? i think we have some of his photos that are going up. yes. look at that. i mean every one of us got a holiday card or some kind of card with kincaid paintings on it. he writes a letter that purpo t purports to be a will that lo k looks like chicken scratch. all right. is this written mess a will, joey? >> it could be. at the end of the day, judge, what happens here. a will is to effect wait the intent of a party. if i want to leave somebody i have the ability to do that. the question will be was it legally proper? of course, there is an issue as to whether it was witnessed by two parties. whether it was signed. did they see him sign it and its competence.s come
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>> this is called a holographic will. >> judge jeanine: and it will be determined hopefully soon. why is it that this will that is signed by him is not capable of being accepted in court? >> well, it might ultimate le accepted.ltimately be at this time it is being litigated in the probate part as to whether that will ultimately take place what will be an issue as to whether it is in his hand and actually his will because right now it hasn't been proven yet. >> judge jeanine: and what we have got here and we have got the mistress and mrs. kincade fighting over $010 million and a house, $65 million for the paintings, whatever it is. mistress tries to get the guy arrested for domestic abuse, all right. she has the healthcare proxy. i spoke with her lawyer and he said look if she had the power to pull the plug if he he gave it to her why would people have such a hard time leav believeie
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would leave $10 million cash to her? >> a wonderful point. and when an arbitrator hears the case it will be frontline and center. she is being really painted as this gold digging person who had no care and no concern and just wants money. the interesting thing as we know because it is confidential arbitration she wants a pub live hearing to tell the world i loved him and this is mine. >> judge jeanine: why doesn't the wife want the public hearing? >> maybe there was this true love and as a result of that this was proper and he did leave it and the will which is hand written is truly accurate. >> judge jeanine: it is a mess. >> one is his judgment. he may have had questionable judgment. then there is the menta mentals at the time he wrote the will. that is not the hand of a painter. >> judge jeanine: i can't even read it. >> evidence of in cohei inheref a at the time of the writing.
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i would question that he had any kind of competence at all at that moment. >> in fairness the attorneys will have a field day to say exactly what the doctor said. a person so gifted and it talented and paints with such beauty and a hand written document that is all over the place. >> this is a doctor's prescription. this is a painter coming up with a will. it doesn't make sense. >> judge jeanine: he dies of alcohol and valium overdose while she is with him and she benefits from his money. prosecution? >> leave it to you to take that point of view, madam prosecut r prosecutor, judge. but the point is that that will be played out, of course. ultimately it is his intent. did he love her. i know that he has four children and his wife and everything else. >> if he loved her why does he say this statement is null and void if my relationship with ms. pinto, the fiancee mistress girlfriend ends as it defined by me in a future letter?
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what does that tell you? >> he is smart. if the relationship is over and terminated you don't want them to benefit from your anning ea. end it and i will end you, not that way but in terms of my financial commitment. >> he might be paranoid. paranoia as a result of alcohol abuse. could have been hedging his bet to not really comfortable. >> judge jeanine: an interes interesting statement. sounds very legal, you know what i mean. it sounds like i will get m myself out of this if i need o to. >> it shows he is lucid. >> and that is probably in his hand and it was his intent. if it was a fraudulent will why would someone put that kind of language in? >> well, said. >> judge jeanine: thanks for e being with us this evening. that is it for us tonight. thanks for joining us. if you have an unsolved case you want us to tackle e-mail us
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at "justice" at fox news .com. see you next week, same time. same place. same me. i haven't solved the issue of captioned by closed captioning services, inc.
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