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tv   Dateline Extra  MSNBC  October 23, 2016 1:00am-2:01am PDT

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eric houston has been arrested. >> it's weird way human beings are. you can only keep one thing in your head at a time i guess. >> jeffrey dahmer's stay in akron may have been brief, but his effect on the city may last for sometime to come. as one spectator put it, it may be gruesome, but it's history i learned that he was arrested. i was shocked. i was just so confused. i didn't think it was real. i didn't think it was possible. >> in the rarefied world of the ivy league, he was the package. star student, gifted athlete, wildly popular. >> he is one of the nicest guys ever. >> no one could understand how a weekend visit to his parents' house ended in gunfire.
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>> who's already dead? >> charlie told the officers outside he was going to kill my mom. i had to do it. >> yes. >> a brave son protecting his mom, a harrowing story, but was it true? >> he's seated behind the desk, the father. >> defenseless, really. >> this seems to be an execution. >> was this campus hero actually a cold-hearted killer? >> he sends a letter to his fraternity brothers called "showtime." >> one of the things always in question was, was charlie covering up for someone else. >> a trial where nothing went by the book. >> three of the jurors were crying really hard. >> they're turning around in their seats, they're getting yes emotional. they see what's coming. >> he was becoming unhinged. welcome to "dateline" extra. i'm tamron hall.
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it seemed like charlie tan had the whole world ahead of him, but then charlie's father was killed in the tan home, and everything changed. police were being told one story, but the evidence was telling them another. and there were also three 911 calls. did one of them hold the clue that would unlock what really happened on that wintry night? here's dennis murphy with "house of secrets." >> cayuga. that's cayuga lake in ithaca, new york. where you'll find one of the most prestigious universities in the nation. cornell, the ivy league. more than 13,000 undergrads here working towards degrees will with good fortune take their places in medicine, the law, the arts.
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there's no doubt a cornell education can be a gold-plated entrance to adult life. and only the best need apply, students like charlie tan. he was so kind, his classmate featured him in a video, random acts of kindness. giving gifts to complete strangers. >> not just a great kid but the greatest of great kids. >> reporter: charlie was the son of chinese immigrants who became "mr. everything." scholar, class president, the guy with the cool friends, hannah valentine opened up her parents' summerhouse to charlie and his other teenaged pals. >> he was always happy and energetic. >> the guy that tells jokes? >> everybody knows him. they'll walk in. the room lights up, he starts telling a funny story. >> so you'd think charlie tan was another ivy league
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overachiever poised for takeoff and great things to come, but that's not his story. this is about the charlie tan, keeper of secrets, and quite possibly something much worse. but before all that, charlie was as deserving a kid as ever got an ivy league acceptance letter. >> he was really excited. when he got admitted, really awesome. >> ivy league. >> he was super happy. >> so in the fall of 2013 charlie tan left his parents' home near rochester, new york, and drove the few hours to cornell. his exciting new chapter in a life already filled with early achievements. he pledged to frat. he wasn't big enough for the varsity football team, so at 165 pounds he was directed forward what they call a sprint football team. >> i met charlie the first day, freshman year, actually. i had just gotten my locker and charlie was one of the first people i met. >> quarterback rob pinola. >> he was one of the most encouraging people on the team. he was a leader on the team, both by example and his words. >> rob and charlie became not just teammates but great friends.
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>> he's one of the most generous and selfless people i've ever met. >> he impressed his teammates and coach. >> good football player, always quiet, always got a smile, never late, good worker, good kid, solid. >> go back to the handsome house in the rochester suburbs where charlie grew up in his teenage years. it's a place called pittsford, new york. and newspaper reporter john hand knows it well. >> it's a very nice community, very picturesque community. >> thick lawns, nice cars in the garage? >> lots of executives from kodak and xerox and lawyers. >> charlie was younger of two boys. his parents, born in china lived in canada before moving to upstate new york. his dad ran a tech business that thrived. the home radiated upper middle class comfort. his friend anna had been there on occasion. >> i went over to his house. i didn't know his parents very
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well. i talked to his mom a couple times, but i didn't really have much conversation with them when we were there. >> little was known about his parents, and charlie didn't offer any details if someone asked. if he had secrets, sorrows, they weren't for the outside world to know about. >> he's very good at like keeping his emotions in. >> i have no idea what the home situation is like. i didn't know before, and i don't know now. >> other than a few 911 dispatchers, and a few town officers, the wider community certainly knew nothing about the whispers of domestic violence on coachside lane. >> it's a tough part of his life. >> the record is still sealed, but it's safe to say the tan house was known to authorities. go back to cornell. it's winter of 2015 and charlie is now a sophomore. on a chilly thursday morning he stopped in unexpectedly to visit his football coach. there is a softer side to this coach than drills and xs and os,
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and his kids know he'll always be there for them. >> our rule is if you have a problem come in and we'll close the door. if you need somebody to talk to, we're here. >> now it was charlie who needed a shoulder or something. >> i said how are you doing. he said good, but he said, i can't make weightlifting on friday. and i said what's problem? he said i got to go home. >> clearly something was eating at the student. >> i asked if there was anything he wanted to talk about. he declined. he just said he had to get home. >> it wasn't spring break. classes were in session but charlie got in his car and started the drive to pittsford, 100 miles away. coach didn't know it, but charlie's life as a student would soon be over. >> very squared away, got his act together. knows what he's doing. >> only charlie tan wasn't at all okay. it snowed that night, a muffling blanket, covering the home where something awful was about to happen.
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>> coming up, why did charlie need to rush home? the first clue coming from a friend's mom who called 911. >> he didn't give us a lot of details. i'm just worried that he might do something. >> and then charlie's mom makes a 911 call of her own. >> you said you heard a shot? does somebody in the house have a gun? >> when "dateline" extra continues.
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welcome back to "dateline" extra. i'm tamron hall. charlie tan was studying at a prestigious american university. he was bright, athletic and made friends easily, but when it came to his family, he played it close to the vest. so when his name was linked to violence in his hometown, it took the campus and his friends by surprise. here's dennis murphy with "house of secrets."
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>> when charlie tan left cornell and made the 100-mile trip home on a thursday home, his football coach knew he'd been upset. >> i asked him to call me when he got home, just so i'd know he was okay. >> and that very evening in pittsford, new york, charlie spent time at a friend's house where he seemed despondent, sad, possibly depressed. not the charlie he'd known since childhood. after charlie left, the friend and his mother were so concerned they called 911. was charlie suicidal? >> he didn't give us a lot of details. i'm just worried he might do something. i don't know if anything's going to happen, but i just can't take a chance. >> all right, i'm going to have them go to that house and check on him. >> and a deputy did just that. detective steve peglow of the monroe county sheriff's office. >> he said that charlie was upset about things, had come
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home to talk to people, was working out some things and he'd be okay. >> it was now late thursday night, almost the weekend. charlie didn't go back to school friday morning. and come monday, he wasn't at practice. >> wasn't really much i could do any way other than text him, and he didn't respond. >> and then it was monday night. something awful. >> 911. what is the nature of your emergency? >> yes, i -- >> the caller so distraught confused the dispatcher. >> ma'am, i can't understand anything you're saying. does anyone need an ambulance? >> it was jean tan, charlie's mother. >> did you say you heard a shot? >> yes. >> does someone in the house have a gun? >> now the garbled story is coming into focus. shots fired, the husband of the house is shot dead. >> who's already dead? >> my husband. >> your who?
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>> my husband. >> are you in a safe spot? >> yes, i am. >> we need you to wait outside of the house for the police officer's safety. >> detective peglow was soon on the way to coachside lane. he still had a garbled account from the 911 call. who had shot whom? >> he was trying to protect me. >> your son was trying to protect you? >> yes. >> it looked like what we would call domestic murder. something had just occurred. >> on arrival, the first deputies saw a young man who would turn out to be 19 year old charlie tan standing in the driveway with his mother. >> they were outside the house. let those people come out. they asked, you know, who else was in the house. >> in the next moments, the deputies heard the son tell a story that sounded like self-defense. he had to shoot, he said, to save his mother.
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he'd used a shotgun. >> charlie said, my dad's in there. he's dead. i had to do it. he was going to hurt my mom. >> the father is shot because the boy feels his mother's in jeopardy. >> yes. >> it was getting late on a frigid february night. the deputies put the son and mother in the patrol car. >> they asked him where the shotgun was. there was some mention of it be being in the garage. >> reporter: after securing the weapon, they made their way to the second floor. in the home office they found the victim. >> the father is behind the desk? >> spent shotgun shells are right there in that doorway area. >> the detective would quickly learn more about jim tan, father, husband and businessman. >> he owned his own company. they had lived in canada and moved to the united states some years earlier. >> successful executive. >> by all accounts, yes. >> but was the successful businessman also an abusive husband? the detective looked around the household as crime scene techs processed the shotgun killing
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upstairs. they came upon an appointment card for jean tan to appear at domestic court. but detective peglow was no rookie. his investigation into charlie tan and what happened inside that home was just getting started. >> one of the investigators found what appeared to be newly-taken passport photos, along with a list of prominent local defense attorneys. >> that's interesting. >> yes, sir. >> the story is, i had to do it, but you're not taking that at face value. >> correct. >> coming up, a discovery on jim tan's computer triggers suspicion about his time of death. >> how many days prior is the last e-mail check? >> four. and use aveeno® absolutely ageless® night cream with active naturals® blackberry complex.
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welcome back to "dateline" extra. i'm tamron hall. police arrived at the home of jim tan, to find him lying behind the desk in his home office, shot dead. his son charlie told police he did it.
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he said he was defending his mother. so case closed. far from it. let's return to dennis murphy with "house of secrets". >> deputies canvassed the neighborhood, but no one had heard the gunshot blast that killed jim tan, but then this homicide wasn't a whodunit. the son had admitted moments after the deputies arrived that he was the shooter. he had to do it, he said, to protect his mom. >> self-defense is something we'll listen to. if something happened the law will bear that out. so we wanted to speak to him. >> that same night, charlie and his mother were taken down to the station to tell their stories. >> were you able to get a statement from charlie? >> we were not. his lawyers would not allow us to speak to him. >> his lawyers were already on scene? >> without the cooperation of the admitted participants, the detectives were on their own. it turns out a very large piece of evidence was waiting to be found right there in their very office.
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a report from the house on coach side lane. >> 911. >> just two weeks before the shooting, police records show the wife placed another 911 call. >> yes, my name is jean tan, and my husband just beat me up. i need your protections. >> are you injured? >> yes, he choke me, and i'm so scared. please. please help. oh, he's coming. no. please come. >> the dispatcher heard what sounded like an ongoing fight between husband and wife. >> hello. sorry. >> no. >> no, no. >> sorry about that. >> help me, help me! >> no, no. >> a deputy was sent to the house and noticed jean tan, the wife, was clearly distraught. reporter john hand.
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>> they found that jean was still upset. she had some red marks on her neck. but that there wasn't enough there to charge jim tan with a crime. >> so incident over? >> that night. >> he tried to kill me, but nothing results in charges or makes it into the paperwork. >> right. >> so a history of abuse, it appeared. if that were the case, charlie had told no one in his circle at cornell university. the coach hadn't heard from charlie in days, and now his phone rang. >> campus police called me up and asked me to come to his fraternity house, which i did. they wanted me to know that charlie's father had been killed. it was rugged. we got a bunch of players in the fraternity. and everybody was obviously very upset. >> charlie tan admitting that he'd shot his father to death. >> i think it was probably disbelief more than, and shock
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that this occurred. >> we had a team meeting about it, but immediately after, there was so much support for him. and everyone was amazed by the support. >> from the get-go, there was no debate. the entire frat and team had charlie's back. >> not just the football team, but everybody on cornell campus that he knew well was showing support for him. everyone was always trying to help him and ask if there's anything we could do for him. >> to his friends at home, there was shock there of course too. and yet the heartbreaking story of charlie tan protecting his mom by any means necessary made some kind of weird sense. he was, after all, the kid who was always trying hard to help. people talk about him being selfless. >> yeah. >> lives to help other people. >> yeah. he would do anything for people. >> close friend anna had a hard time wrapping her head around charlie doing anything violent. the charlie she knew was a thoughtful kid who did things no ordinary teenager did.
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>> my mom went through the cancer, and he was always there. he brought her like gifts and stuff. so he was always there supporting anybody. >> so anna would be there too, supporting charlie through this difficult time. a friend to the end. neither she nor anyone else could have guessed where the investigation was heading next. that the detective who'd examined the scene that night was wondering if there was more to the story. it was all obvious right away that something was off with the working theory of the crime. a heat of passion, self-defense homicide. >> we were there hours, obviously searching every bit. one of the things that was noticed by one of the investigators is just, you know, the dried blood that was all over. >> dried blood. the timeline and the whole story, in fact, demanded a closer look. >> it's certainly one of the things that starts to get your attention. hang on, there might be more. let's make is sure we're on the right path here. >> and there were other observations that set their timeline back.
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on jim tan's desk computer where he had apparently been working when he was killed, there were unopened e-mails going back before the weekend. >> jim is trading e-mails with an employee. and at some point after that, he clearly stops using his computer. he is no longer sending. he's no longer opening. >> and as detectives poked around that office monday night. >> how many days prior is the last e-mail check? >> four. four days. that was really a big thing for me. this is a guy who ran his own company with employees and activity. >> going back four days. that put the shooting back to that thursday night charlie came home from cornell. and a four-day-old crime scene would also explain what had been plainly obvious to the seasoned detectives noses. >> the odor of decomposition was very strong. >> the detective now believed that the emotional 911 call was bogus. now you're saying it's days earlier.
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what's going on here, right? >> correct. that first inference from the 911 call and what charlie had said in the driveway to the deputies seemed to be in confrontation with what we were starting to see inside. >> down at the sheriff's office, jean tan, the mother, was released from custody, but not charlie. the 19-year-old ivy leaguer was charged with second degree murder. >> what did you think, anna? >> i was shocked. i was just so confused about, i didn't think it was real. i didn't think it was possible. >> charlie tan, the nice boy, the great kid, if convicted, was facing 25 years to life in prison. coming up, store video shows the gun that killed charlie's father being purchased. but it's not charlie buying it. >> new name all together here. >> correct. >> and then the strange thing charlie did just before his mom placed the 911 call.
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>> the defendant sends an e-mail to his fraternity brothers called "showtime." >> when "dateline" extra continues.
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welcome back to "dateline" extra. i'm tamron hall. charlie tan told police he shot his father to save his mother. but investigators were finding flaws in that story. the ivy league student had been
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arrested and was facing second degree murder charges. was this an intentional killing or justifiable homicide? here again is dennis murphy with "house of secrets." >> anna valentine was in a state of disbelief when she learned that her close friend charlie tan had been arrested. >> did you have a chance to talk to charlie himself in that period? >> he called me on the phone a couple times from jail. >> anna didn't sit around. she was going to do whatever she could to defend her friend, because she knew there was no way charlie did anything wrong. >> you did something remarkable. you sort of pulled together a whole community behind charlie. >> anna started a defense fund support page for charlie. >> and it just like spread crazy. i had no clue what was going to happen. >> you threw out there on the net. >> i put out the page and told
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my friends i did it. people i hadn't even heard of were supporting him. people from the community, everyone was doing it. >> how much money did you raise? >> around $50,000, yeah. >> why did people come out of the wood work to support charlie? >> he has been one of the nicest guys ever, and everybody knew that and they wanted to do anything they could to give back to him. charlie would give everything to other people. if somebody needed anything he would be the one to give it to them. >> reporter john hand was working on one of the biggest stories they had seen in years. so now it's an investigation for you, news story. great ivy league kid blows away his father in this nice neighborhood. what's going on? >> we were astonished. it's not very often you have a murder suspect who a bunch of people from pittsford are rallying around. >> the case had captured the hearts and mind of a community that couldn't imagine this exceptional young man in prison. these are lawyers and surgeons and big powerful people in new york state who are behind this
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kid. >> oh, yeah. >> we wish that hadn't happened but the kid deserves a break. >> the community felt that very strongly. >> so, when the trial began less than a year after the shooting, the sworn representative of the people with a murder case to prove found herself in an odd spot. >> the biggest problem was the defendant himself, because he did appear to be, you know, an upstanding, nice young man. >> monroe county district attorney sandra dorley. >> from the very beginning, people were disappointed that an indictment was filed against charlie tan and we're taking this to court. but, you know what? we have to prosecute people who violate the laws of our state. >> assistant d.a. prosecuted the case in court. he told the jury that yes, charlie tan was a high achiever, a bright young man who always went the extra mile for his friends. >> and perhaps he wanted to succeed as charlie tan and solve all the problems that were occurring on coachside lane. >> helping his mother. >> helping his mother. >> by killing his father. that was the solution. >> that was our theory, yes.
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the gun was found at the murder scene. his fingerprints are on the ammo, his mother, mother saying my son did it. and charlie saying he had to do it. >> but, did he have to do it? that was the key question. and the prosecution said no. this was no justifiable homicide. this was an execution. in fact, the weapon, a .12 gauge remington shotgun, had been purchased just for the killing. it had just been bought from a walmart near cornell. >> so we sent investigators down there, and as they began to look into that, they found that the gun had been purchased by a young man named whitney knickerbocker. >> newly purchased. >> newly purchased. >> by a new name all together here. >> right. >> it had taken place february 2015, the same day charlie left cornell. the store had surveillance video
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of charlie's friend and fellow fraternity brother buying the shotgun, video that was shown to the jury. the frat brother was never accused of having anything to do with the killing. charlie had apparently convinced him to help buy a gun. >> friends say that whitney was told by charlie that he was going to go on a hunting trip so he asked whitney to help him. >> of course the prosecution says there was no hunting trip, charlie was planning a murder. in fact, before he got the friend to buy the weapon, surveillance footage showed just how intent he was on getting one. hours earlier, there's charlie. >> charlie's on video going into the walmart, attempting to purchase the shotgun. he is unable to. >> why is he turned down? why can't he buy the shotgun? >> he's a canadian citizen. >> which would require a waiting period, time he didn't have. >> so he gets the friend to come in and make the purchase. >> that was our theory, yes. >> it's hard to put together a heat of passion scenario, mom's
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in jeopardy, if you purchase the weapon in advance. >> correct. >> and the prosecutor told the jury there was no evidence of a fight that evening. >> if you look at the exact moment of the killing, jim tan is just sitting at his desk. >> sitting at his desk answering e-mails. >> answering e-mails, working to, you know, provide a living and a pretty good living for his family. >> in fact, the medical examiner testified that as jim tan sat behind his desk in his home office, he was shot three times about the chest and face. the last shot the coup de grace. >> medical examiners still believe jim tan was alive when that was inflicted right to his face. >> the prosecutors believe it was that same night, the same night that one of charlie's friends sent a deputy to the tan home to check on charlie's welfare. it's possible that when the boy answered the door his dad was already dead inside. but no one from the tan home
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called 911, rather, charlie and his mom grabbed their passports and fled the country. >> jean tan and charlie tan left the country, went to canada and came back on that monday before the 911 call was placed. >> so why come back and tell a lie? the prosecution didn't know. a guess, perhaps someone had to run jim tan's business. and this last tidbit, before that four days late 911 call, charlie took the time to first send an e-mail warning to his fraternity brothers. >> he sends an e-mail called "showtime". >> you're going to be hearing from law enforcement. >> yes, yes, you will be surprised. showtime. >> they don't buy the self-defense. this was no crime of passion. it was a planned murder. so this is an assassination.
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>> yes. >> he walks in and blows dad away. >> exactly. >> the prosecution rested. the defense team was up next, and they were about to lay out a head-spinning theory of the crime from seemingly another universe no one saw coming. coming up, the defense drops a bombshell. >> one of the things that was always a question of ours was, was charlie covering up for someone else? >> and then the prosecution's stunning reaction. >> he picked up the shotgun and moved quickly across the room. >> when "dateline" extra continues.
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after brushing, listerine® total care strengthens teeth, helps prevent cavities and restores tooth enamel. it's an easy way to give listerine® total care to the total family. listerine® total care. one bottle, six benefits. power to your mouth™. welcome back to "dateline" extra, i'm tamron hall. there was video of charlie tan's friend buying a weapon days before jim tan was found dead. does this prove charlie was a calculated killer?
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the defense was about to tell a very different story. dennis murphy picks up the story "house of secrets." >> it was an upside down world in this courthouse, where you'd routinely expect lots of supporters for the victim, there were none. >> there was no one mourning the victim. the representative from the district attorney's office, i sat with her the whole time. >> there was some thought that the victim deserved what was coming to him. >> people who wouldn't ordinarily advocate homicide, would said if he did it he did it. his father deserved it. >> his friends surrounded him protectively. he had all but a cheering section with pompons. >> i think having all the support made him feel so much stronger, he knew we were all there for him no matter what. >> his friend anna was on the witness list, so she wasn't allowed to sit inside the
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courtroom until the end. >> i went as much as i could between classes. >> how was he putting up with it? >> some days were harder than others. some days he seemed good. >> charlie would sit in court while they would build a case. playing the tape of jean tan calling the cops two weeks before the shooting. >> my husband just beat me up. i need your protections. >> are you injured? >> yes, he choke me, and i'm so scared. >> defense attorney james nobles
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thought the 911 recording spoke volumes about that household. >> it was almost as if we were put in the hell that charlie lived in for a brief moment. and the hell that jean lived in for a brief moment. >> and they kept piling on. jim tan continued the defense wasn't just a bully at home. his employees testified about the abuse they, too, encountered in the work place. >> every other person who worked with jim tan said he was miserable, behaved like a child, he would bully people, was nasty at work. >> so a son defending his abused mother was a defense no-brainer strategy that seemed to require little assembly. the other defense lawyer, brian decarlos. >> i think most people that looked at this case said the only defense is self-defense or some hybrid of, you know, a battered child syndrome. >> but as the trial progressed, that wasn't the attack charlie's defense team planned. >> our strategy was to keep our strategic defense in our back pocket, hidden from the prosecution as long as we possibly could. >> so what was the secret defense? they were going to agree with the prosecution on one point, that when jean called 911 to report her husband dead, the murder was days old. >> that call is 100% fake, there's no question about it. >> not only was the mom lying to 911 about when the murder occurred. no, argued the defense, she was lying about something much
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bigger, who the true killer was. the defense attorney saved his surprise for a closing argument. >> it was an unusual moment, because certainly, i knew there were many friends and supporters of jean tan in the courtroom, and i was going to basically suggest to these jurors that she had pulled the trigger. >> jean tan, the mom, the wife, the true killer. the defense said the shotgun was in her hand. she pulled the trigger. she solved her own problem, not her son. that was the story the defense saved for the 11th hour. >> not an easy thing to do in a packed courtro
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>> the prosecutor seemed caught off guard. >> he addressed charlie directly. he said something to the effect of charlie, your lawyer is calling your mother a lawyer. and he picked up the shotgun. and he approached the jury very, very closely with it. and he was trying to make a point, a very passionate point.
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>> brandishing the murder weapon as a prop did not sit well with the judge. >> we knew what he had done exactly what we wanted to do. we had totally taken him by surprise. >> after a week of testimony, the case went to the jury. out in the hallway, tv cameras dogged charlie's every move. >> he knows his life is hanging in the balance. that's a tough thing for anybody to go through. >> but he had the unwavering support of team charlie. they all waited with charlie at deliberations began and spilled over into a second day and then another. >> every day we'd show up to court being, like, oh, is it going to happen today. everybody was super nervous. and charlie was, i was. >> because if it goes in an adverse way for you and charlie, he's going to be led off and you wouldn't see him for a long long time. >> yeah, it was hard to imagine that. >> she is a jury sitting on the
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case. >> i'm not sure anybody felt bad for jim tan, but everybody did recognize that the way he died was still a crime. >> both the prosecution and defense had agreed that charlie's fingerprints were on the ammo. >> but did he actually pull the trigger? or did he load the gun and give it to his mom and say here you go. that was the biggest point of contention. >> she was ready to vote guilty. the panel of 12 was far from unanimous. >> eight people guilty. four people not guilty. >> a stalemate, an impasse seemed to be at hand. but still they talked. >> three of the jurors were crying really hard, because they didn't want to think that he was guilty, but they couldn't ignore it at that point. >> the local media asked prosecutor gargen for updates. >> i don't have experience with a jury out this long. >> on day eight, after 50 hours
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of deliberations, the jury told the judge they were hopelessly deadlocked. the judge declared a mistrial. >> that didn't mean it was over for charlie by any stretch. >> no, it just meant there was a long road ahead. >> a long road with another trial, another set of court dates, another jury to go through the same set of facts, unless that wasn't what was going to happen at all. coming up. an entire courtroom gets the shock of a lifetime. >> they're actually turning around in their seats. they're getting emotional. >> as charlie tan awaits his fate. >> he was becoming unhinged. >> when "dateline" extra continues. the ultimate surprise. for your eyes. new olay eyes ultimate eye cream. for instant results of the number one prestige eye cream, without paying twice the price. show your amazement, not your age. with new olay eyes. ageless.
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welcome back to "dateline" extra, i'm tamron hall. more than eight months after jim tan was shot to death inside his home, the trial for his son
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charlie was met with a hung jury. for everyone involved, it had been a long road, and there was a new trial pending. but there was another stunner in store. >> the judge declares a mistrial. >> the charlie tan murder trial was big news in rochester. everyone was talking to the media. including the judge, who was running for state supreme court, and spoke to our affiliate, whectv. would you be presiding as judge again? >> i believe i would, because the case has been assigned to me. that's the normal protocol. >> the lawyers on both sides shared thought the about doing it all over again. >> it's a murder charge, not a petty larceny charge. with a hung jury where you walk away from it. we understand that the d.a.'s office is not going to walk away from a homicide. >> how will it look differently? >> better for me. that's how it will look
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differently. >> unfortunately for charlie's attorneys, they'd already played their surprise defense, mom really did it. there would be no shock value in a second trial. >> frankly, we've got to face this like a brand-new case starting today. hung juries are a case in which you have to reinvent the wheel. >> in november of 2015, weeks after the trial ended, both sides were back in the same court, before the same judge, who two days earlier had won the state supreme court seat. it was a routine hearing to talk retrial logistics. >> we were figuring a january trial date. >> the reporter, john hand, who had been there for the entire trial was in attendance too. >> there were a number of charlie's friends there. myself and roughly four or five other reporters who had covered the trial. the gang's all here. and the judge said we have to address the motion for dismissal by the defense, it's still pending. >> that's a common motion made
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by most defense attorneys when they ask a judge to throw out a case, especially due to a lack of evidence. >> you always do did. it's frankly malpractice not to. >> everyone thought this would be an order of business, quickly dispatched. >> then he talks about the lack of evidence, that the fingerprints were found on the shells upstairs, but that didn't indicate that he'd ever shot it. i looked at another reporter who i know and i said what's going on here? >> charlie's lawyers had a glimmer about where this was going. >> i leaned into charlie's ear, and i told him something good ate about to happen. >> the assembled press couldn't believe where the judge was heading. >> you're holding your breath, and you're going, he's about to dismiss this case, the biggest case we've had in years and years and years, a case that jurors deliberated on for 50 hours. >> the assistant prosecutor saw the train wreck ahead and wasn't at all pleased.
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he grabbed the mic. >> can i speak? and the judge very quickly said no, you may not. bill guarderen continued to speak. and the judge said i'll put new you in hand cuffs. never seen that before. and a court deputy walks up behind bill garderen, the prosecutor, not the defendant. >> he was interrupting. he was becoming unhinged. >> the judge did finish his thought. he threw out the entire case against charlie tan. a judicial ruling that meant that the case couldn't be re-prosecuted or retried. >> it was a big win for charlie tan. he was ecstatic. >> outside the courtroom, the media was waiting for charlie, the former defendant who hadn't yet spoken to reporters. >> now you'll talk to us, right? >> back up, back up, please, please. >> and before we got a chance to talk to him, his defense lawyer ushered him out down the hallway. >> what did you think? did you take all in? i'm not sure he took it all in. >> i'm not sure i took it all in at first.
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>> that this is over. >> it was super exciting. everyone was so happy. everyone was in tears. >> not quite everyone. assistant d.a. bill gargen was fuming. >> were you willing to get arrested over this. >> i was more than willing to have handcuffs placed on me to argue my point. i didn't cross any lines. >> what recourse do you have? >> there's no appeal. that i know of. >> so charlie tan is free. >> that's it. there is no appeal as of from this trial order of dismissal, because there has not been a verdict by the jury. >> the event didn't happen. >> correct. >> so, in the people versus charlie tan, you had to cynically wonder whether the defendant's vocal supporters carried the day from outside the courtroom. >> some think the golden ivy league boy was able to kill his father and get away from it. strange story, the whole thing. >> yeah. >> charlie's mother, according
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to the district attorney, will not be prosecuted. because there's no evidence to show she was responsible for the murder. >> she was a small woman. i don't know if she was capable of even being able to discharge that kind of weapon. >> so the only two people who know what happened in that house, charlie and his mother, have stayed mum. neither was ever interviewed by police. neither has spoken publicly about a case now closed but far from resolved. >> people will say this is a kid who killed his father and got off. and people will also say, no it isn't, they couldn't prove it. you've got two groups of people back there who said i don't care what happened. i'm never sending this 19-year-old cornell student to prison. >> the mom and brother are running the company jim tan started. as for charlie. is he okay? >> he's very positive. >> a great kid, a very popular kid who's done well and succeeded in all things he's been in.
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and it's time to move on. we welcome him back with open arms. >> but that didn't happen. the university let charlie know if he attempted to return to cornell, it was prepared to discipline him for violating the school's code of conduct. so charlie withdrew, and with that action lost the cornell version of the gold-plated ticket entrance to adult life. his former coach thinks charlie will find a way to succeed. >> if he can get over the turmoil he came out of, i think he'll do fine. he's got everything going for him. >> in his young life, he'd pleased everybody. his coaches, teachers, devoted ticket entrance to adult life. his former coach thinks charlie will find a way to succeed. >> if he can get over the turmoil he came out of, i think he'll do fine. he's got everything going for him. >> in his young life, he'd pleased everybody. his coaches, teachers, devoted friends. outwardly happy. inwardly, who really knew? all one can say with any certainty are the known facts of a murky case. he got a friend to buy him a shotgun. said good-bye to the ivy league, and on a winter's day, drove home. >> that's all for this edition of "dateline" extra, i'm tamron hall, thanks for watching.
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9:00 eastern time. there's a bunch of poll closings right here. this could be a real turning point. >> nbc news has projected al gore the winner in florida. >> the stories you are about to see were reported in the news on november 6th and 7th, 2000. >> cable news, the presidential election is your super bowl, so we knew it was going to be big. >> florida has been prematurely called. >> we realize this is -- this story is getting even bigger. >> nbc news is now taking florida out of vice president gore's column. >> there were so many headlines that could have come out of november 7th. >> thank you, new york. >> hillary clinton, she put her hat in the ring to run for senate from new york.

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