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tv   Lockup Wichita Extended Stay  MSNBC  January 15, 2017 8:00pm-9:01pm PST

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due to mature subject matter, viewer discretion is advised. an inmate launches an attack on another, leaving the man battered, bloody and on his way to the emergency room. >> he wasn't my friend, i wouldn't continue to maul him. >> now a detective must get to the bottom of it. >> i have seen several fights now in the jail. this was i would say the worst one i've seen. i compare it to the mma fight. >> and the pastor hopes to get
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to the heart of it. >> you beat him like you don't know jesus. >> another inmate says he only tried to help a troubled teen. but now could face decades in prison. >> the allegation is that you were forcing her to engage in sexual acts as a prostitute. >> and his new lawyer has little time to mount a defense. >> i have never been put in this situation. wichita, kansas was a major manufacturing center for airplanes during world war ii. and today, it's still known as
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the nation's air capital with dozens of companies dedicated to flight. many here are also dedicated to their faiths as the city has been ranked fourth in the nation for places of worship per capita. faith even has its place in a very different sort of facility located in downtown wichita. the sedgwick county jail. >> they're trying to make it hard on the career criminal in kansas. >> most of the 1150 inmates here are only charged with crimes and are awaiting trial at the resolution of their cases. while they wait, they might get
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to know pastor tina. >> if you see god, god's going to give you a message that will give you the power to recover what you lost. amen? >> pastor tina has been preaching in the jail chapel for more than a decade. >> god never tells lies and he always fulfills his promises. that's why you got to get in his word and find out what is his promises to you. >> i have an assignment to lead these people out. i don't care what these people have done. i don't care the most heinous crime you can think of. if they turn around and repent they will make it into heaven. >> the minute that we run up on a problem, then we begin to -- we get mad at god, don't we? >> i have the heart for them. i used to get high. i used to sell drugs.
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the only difference between us and them is that they got caught and i didn't. so i don't stand in a place of judgment of them. ♪ >> pastor tina also directs the inmate choir. >> the sheriff is keen on keeping them busy. if we keep them busy, they're less likely to get in trouble. >> antonio bell is one of the newest members. >> one of my problems pulled me in there. just told me to come one day. ♪ >> he's in the choir right now. he really was a joy. he was the one with a smile on his face, he always had the dance with the song and he could pump the guys up. >> yeah! >> bell was recently sentenced to five years in prison for possession of narcotics with intent to sell. he is now awaiting trial on an additional charge of second degree murder for allegedly shooting a friend and leaving his body in a ditch. bell has pled not guilty. >> no, i did not kill my friend. all they know is he was last seen with you leaving the club. but they think i know who did it, you know. if i knew who did it, you know what i mean, it wouldn't be no call the cops to come get you. know what i mean? i don't think you should breathe. my friend don't never get to breathe again, you know? >> bell has been fighting the murder charge for two years. during that time, he's had plenty of fights inside the jail as well. >> i don't keep count. it's been a few. >> corporal simmons has known
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bell for seven years. >> antonio's been coming in here since he was 17. that was back whenever we housed juveniles, you know, at that age with adults. used to be a real problem in the jail. i mean, fights and lockdowns for disrespecting staff, stuff like that. i've had to go restrain him and we have been in fights together and he's really cooled it down a lot in the last five months. >> due to that good behavior, bell was recently transferred from a high security housing unit to a general population unit. where he has more privileges like participating in pastor tina's choir. >> she's a real good person. she cares. she actually cares genuinely. i don't know if i can get all the way where she's at, you know, but. >> hallelujah. >> thank you, son. hallelujah. >> six days later, it seemed as if bell was moved by a different
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spirit. surveillance cameras capture him reverting to his old ways as he attacks inmate antonio cooper. after bell slams cooper into a wall, the men appear to exchange words. suddenly, bell throws a punch and takes cooper to the ground. following jail policy, the sole deputy assigned to the unit remains at his post and calls for backup. he orders the men to break up the fight and other inmates to return to their cells. bell refuses to comply and flips cooper over his shoulder, then continues punching him on the floor. as the deputy waits for backup, cooper attempts to shield himself from bell's onslaught. bell finally ends the assault but not before stomping on cooper's head.
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54 seconds after the first punch was thrown, backup officers flood the unit. they restrain bell and attend to cooper until medical personnel arrive. >> medical normally does not respond to a physical altercation. when i heard that there was need of medical, i knew that it was going to be bad. there was going to be bloodshed. >> hold on, hold on, hold on. just leave him. >> equipped with a body camera, sergeant torres is heard instructing officers and admonishing bell. >> really, bell? just lay there, buddy. okay? >> a few minutes later, medical staff arrives and attends to cooper, who is bleeding from the head. >> he might have a possible -- >> we didn't know if there was brain injury, spine injury or anything of that sort. within a few minutes, medical was on scene.
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once the inmate started to come to, he was confused and was unsure of what happened or what was going on and why there were so many people surrounding him. we stood over him, made sure he was breathing, tried to keep him as still as possible. >> don't worry. i just don't want him to sit up on you. >> while the jail has a medical clinic, the decision is made to have cooper transported to a local hospital for evaluation. >> can you open your eyes for me? >> the officer assigned to the unit, deputy epley, followed policy by not leaving his post during the fight both for his safety and to not provoke other inmates to escalate the violence. >> i'm in there by myself with 56 people. there's no weapons. i don't have mace, i don't have taser, i don't have anything. so it's a deputy safety issue if i go over there and get into it with somebody, as soon as i hope the door.
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>> the ambulance crew places cooper on a gurney and the deputies prepare him for transport. >> the inmate is shackled and handcuffed so if his left leg is shackled, his right hand is handcuffed and they are both secured to the bed. we will send one of our deputies with them and monitor and log everything that goes on, everybody who comes in, everybody who comes out, any medicine that's being administered to the inmate. they do not get any special visits or family members while they're outside of our facility. >> coming up -- antonio bell gives his take on the beating. and -- >> with the convictions that you have on your record from the one previous case that you have had, you're facing -- >> 618 months. >> over 50 years in prison. if convicted. >> an attorney fights for an inmate charged with a heinous crime. [ slurps ] new girl, huh? yeah, i'm -- i couldn't help but notice you checking out my name your price tool. yeah, this bad boy gives you coverage options
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based on your budget. -oh -- -oh, not so fast, tadpole. you have to learn to swim first. claire, here's your name your price tool. -oh, thanks, flo. -mm-hmm. jamie, don't forget to clean the fridge when you're done. she seems nice. she seems nice. [ door closes ] she's actually pretty nice. oh. yeah.
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kansas may forever be associated with the young farm girl named dorothy and an epic tornado, but a much darker real life drama occurs here daily. the state is ranked fifth in the nation for human trafficking. and in wichita, a street called broadway is a hotbed for drugs, prostitutes and the pimps that exploit them. it was this stretch of broadway that led scott bacon to a cell just half a mile away inside the sedgwick county jail. >> this is what they start off as before they turn into those. >> bacon, who worked as a cook, prior to his arrest, makes cookies for his housing unit to pass time but faces the possibility of a virtual lifetime in prison if found guilty of his current charges. bacon is charged with aggravated human trafficking and two counts of sexual exploitation of a child. he has pled not guilty and is
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awaiting trial. >> now i'm going to trial monday and potentially could go to prison for the rest of my life, 50 years. >> bacon's current charges are the result of his relationship with a 17-year-old girl, who he says was deeply troubled and in need of help. >> a buddy of mine that i know from prison called me one night and tells me he needs a favor. he knows a girl in a bad way who needs some help. i said what's going on. he tells me the story about her getting beat on and she wants out. i'm like look, she wants to crash on the couch, she's more than welcome to as long as she gets [ bleep ] together and she ain't a big problem. >> bacon says the girl told him she was 18 but was actually 17 when she came to stay with him. she was also battling heroin addiction as bacon did prior to
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his recent prison stay. >> i have been there and i knew what it was like to need some help. and i empathized for the girl. >> 14 down. >> bacon says he bought her some toiletries and food, let her sleep on his couch and helped her through heroin withdrawal. he says she offered to get a job to help meet expenses but had no identification. >> two days goes by and she's like i'm leaving. all right. she takes off, comes back, she's got a little bit of money. she wants to buy some [ bleep ]. i'm like whatever. i started getting suspicious then because she had talked about selling herself and [ bleep ] like that. i'm like so now i'm sketchy about it all. the next night, she wants me to give her a ride somewhere so i
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give her a ride. and i'm not from down here, you know, but when we get down to where she wanted to go, i can tell it's not a good area. >> the area was broadway street and bacon says the girl was going to partake in prostitution with or without him so he stays he stayed to protect her. on the second night, they were stopped by police for a minor violation. it resulted in the girl being placed in foster care and bacon's arrest for in layman's terms being a pimp. >> this girl has every motive to want to put the blame on somebody else. because she gets into trouble if she's doing these things of her own free will. >> right. >> right? >> sarah swain is an attorney known throughout the state for defending men and women accused of sex crimes. >> almost all of them are facing life in prison if they get convicted and my experience is that in a large number of cases, they are being falsely accused and what i do representing them makes a difference between if they go to prison, if they don't go to prison, if they are a registered sex offender the rest of their life, if they ever get out of jail, if they ever get to work again, if they can find places that will rent to them. i mean, the consequences of being someone even accused of a sex crime, in the age of the internet, it never goes away. the allegation is that this girl who was 17 at the time that you
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were basically forcing her to engage in sexual acts as a prostitute. in the state of kansas, then that's considered aggravated human trafficking. with the convictions that you have on your record from the one previous case that you've had, you're facing -- >> 618 months. >> over 50 years in prison if convicted of this crime. and i find it very interesting that as part of the discovery in the case, they have your text messages where you're referring to this girl as someone that you just were trying to help. >> bacon's arrest occurred 14 months earlier. up to 24 hours earlier, his lawyer had been a public defender who was able to bring him a plea deal for ten years in prison. but when bacon's mother recently inherited some money, she urged him not to take the deal, and in hopes of winning an acquittal, spent much of the money to hire sarah swain. >> it was a big decision for her and me. caused problems between her and
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her husband. he definitely wouldn't tell her not to do it, but he told her he was not on board with it. >> and money is a factor in bacon's case, because he accepted money from the girl following her acts of prostitution. >> did i receive some money from her, yeah. did i ever ask her or tell her or make her do anything, never did i. i was pretty much taking care of her and i guess that was her way of here, get some cigarettes and let's get some gas in the car. i mean, it was a joint thing like it was prior to that when i was spending the money for the both of us. >> swain's greatest challenge is that she was hired less than three days before trial begins. the judge felt bacon already had sufficient time to prepare a defense so he did not accept his change of attorney as a reason to delay trial. >> in almost 14 years of being
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an attorney, i have never been put in this situation where a judge denies my request to continue a jury trial and i have three days to get prepared when my client is facing going to prison for 50 or 60 years. it's never happened to me. okay? it's absolutely essential that you and i both are on our game for the next three days. okay? >> i don't have any records. i don't have any witnesses under subpoena. i essentially have this weekend to prepare a defense for trial on monday. i'm going to be working nonstop from the moment i walk out this door until the moment i walk into the courtroom door on monday morning to do jury selection for you. i need to get out of here as soon as possible and get started getting subpoenas issued, getting records gathered, putting together his alibi defense.
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it's very stressful for me and it's not my life that's on the line. it's my client's life that's on the line. so i don't take that responsibility lightly. you can call the office and tell them to do subpoenas with monday's date on them and get them sent to g-mail asap so i can get them printed and get out and start serving them. >> she reminds me of my mother. very cocky, very confident, knows her [ bleep ]. we're fighting for my life. >> coming up -- >> how does it feel to be in these clothes? >> this is life. i mean, street clothes. you feel like a person. >> scott bacon's trial begins. day one brings a huge development.
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befi was active.gia, i was energetic. then the chronic, widespread pain drained my energy. my doctor said moving more helps ease fibromyalgia pain. he also prescribed lyrica. fibromyalgia is thought to be the result of overactive nerves. lyrica is believed to calm these nerves. for some, lyrica can significantly relieve fibromyalgia pain and improve function, so i feel better. lyrica may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or swelling, trouble breathing, rash, hives, blisters, muscle pain with fever, tired feeling, or blurry vision. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem
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may be more likely to misuse lyrica. with less pain, i can be more active. ask your doctor about lyrica. inside wichita's sedgwick county jail, surveillance cameras caught antonio bell's brutal assault of antonio cooper. awaiting trial for second degree
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murder, bell threw cooper to the floor and continued beating him. cooper was transported to a local hospital. bell was treated in the jail's medical clinic for a minor wrist injury and placed in the segregation cell. >> i took him to the corner to talk to him and he spit on me. i kind of beat him up a little bit, kind of too bad. i wasn't meaning to, you know. i just kind of blacked out a little bit. it's all gas and no brakes, you know? i walked away once i seen the blood. i kind of snapped back. but like i said, i blacked out, you know. he wasn't my friend i would have continued to maul him, you know. you're going to be all right, you know. it's going to be a good lesson that he learns, you know. i didn't kill him. i could have but i didn't. >> last thing i remember is me being up in the air. emts and all kinds of doctors surrounding me. i just remember getting picked up on the gurney and getting brought out here. i was awake from when we got outside. i didn't really feel anything until i got there and then they started suturing me in my face. >> doctors discovered no serious injuries to cooper.
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they gave him four stitches above his right eye and a return to the jail a few hours later. cooper, who is serving time for domestic violence, denies spitting at bell. >> i didn't spit on nobody or he didn't spit on me. it started like yesterday, he started talking bad on my name with some other guys. i'm like hey, man, why you talking [ bleep ] on my name. he felt like i was challenging him. >> bell will soon have a disciplinary hearing in which he could be placed in segregation for up to 25 days and lose all privileges.
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in addition, officials have told cooper that he can press criminal charges against bell, but he has declined to do so. >> being called a snitch is bad for any man of any race. that being on my name does scare me because people who snitch on people, they get treated different. i know i stand my ground to the best i could and he did his little extra cheap shot afterwards where i'm unconscious. to me, he's going to look like more of a weakling on his part than i would. >> though cooper has declined to file charges, the state can still file without his cooperation. >> he's going to be out right here. >> that's where he was out. >> detective noll has been assigned to investigate the assault. >> i have seen several fights now in the jail. this was i would say the worst one that i've seen. it was pretty -- i compare it to an mma fight. >> that's it. he blacked out. when he saw the blood that's when he stopped. >> well, that doesn't appear that you blacked out because you went and got your bag and everything else. >> he ain't blacked out.
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>> whenever there's an incident where there is great bodily harm involved, what we do is come in and interview any witnesses, try to interview the suspect if they're willing to talk to us, interview the victim. then we also have to interview all the deputies that were involved in that scenario, too. we want to make sure that if charges need to be drawn on somebody, that it comes to fruition. >> unlike bell, scott has been a model inmate during his 14 months at sedgwick county. he has just returned to jail for the first day of his trial. >> mr. bacon, you get changed out. court clothes in there. put on your issued jump suit. >> how does it feel to be in these clothes? >> this is life. i mean, street clothes. you feel like a person. feel like somebody that is innocent instead of somebody that's guilty going in in an orange jumpsuit. >> bacon is accused of forcing a 17-year-old girl into
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prostitution, a crime he vehemently denies. but he received some good news today. the prosecution has dropped its most serious charge, human trafficking. >> it changes the amount of time that i'm facing by 40 years. if convicted. >> bacon still, however, faces two charges of commercial sexual exploitation of a child. each charge carries a maximum of ten years in prison. bacon's attorney, sarah swain, had little more than a weekend in which to prepare for trial. >> i believe right now that i did everything that i could do given the circumstances, but it's absolute craziness to expect an attorney to get a case, get police reports on thursday, file motions on friday, and be in trial monday morning when your client is facing any amount of time in prison let alone what scott
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bacon is facing. >> bacon's first day of trial revolved largely around jury selection. >> you got 31 people in there and just back and forth picking. what they're basically doing is they're asking questions to see which ones they want to keep, which ones he wants to get rid of, which ones we want to keep, which ones we want to get rid of. you know, so they get into the nitty-gritty. >> did they have certain jurors that you felt like you wanted on your team? they kicked them off? >> yeah. and a lot of it is more just like a gut feeling or something that you see like oh, that dude won't even look at me or you know, this person -- >> you try to read the body language? >> right. lot of body language reading and just seeing how people are reacting to other people's comments for real. >> bacon will be back in court tomorrow, where testimony in the trial is expected to begin. >> i feel good. she feels good. >> that's good. that's good. >> but essentially it's in those
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12 people's hands. you know what i mean? i can't do anything to change it now. >> sit back and be cool. >> sit back and be cool and let them do their thing. that's when they get paid for. >> coming up -- >> you owe that young man an apology putting your hands on him. >> oh, no. no apology. >> pastor tina tries to get through to antonio bell. so i can lift even the most demanding weight. take care of all your most important parts with centrum. now verified non gmo and gluten free. like bundling home and auto coverage, which reduces redney. tape, which saves money. when they save, you save. that's home and auto insurance for the modern world. esurance, an allstate company. click or call.
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good evening. here are the hour's top stories. thousands of people are without power to night in oklahoma. the state hit hard about it third dave an ice storm hitting the central u.s. at least six have died across several states. president-elect donald trump says his plans to replace obamacare will include insurance for everybody. trump made the promise at an interview with the "washington post" sunday though he declined to reveal any details. he says he expects congress to address the issue in the coming
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weeks. now back to "lockup." due to mature subject matter, viewer discretion is advised. located in downtown wichita, the sedgwick county jail has more than 400 surveillance cameras. one of them provided the only evidence detective noll needed to determine if new criminal charges should be filed against antonio bell for his assault on antonio cooper. that's because neither inmate had much to say about the matter. >> when i talked to the suspect, he said everything's on video, i've got nothing to say to you so i just stopped that interview right then and there. >> i don't talk to them. they don't mean me no good. they're just there to twist and turn words, do what's best for them and the d.a. i ain't got nothing for them. never have, never will. >> the victim was willing to talk to me. he said that they had been
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arguing about a football game. >> bell has already been sanctioned by the jail with 25 days in disciplinary detention. he's locked in a cell 23 hours a day and has lost most privileges like visitation and singing in the jail's church choir. >> pastor tina aware of your situation? >> no, she probably -- well, she probably is already. >> what do you think she's going to say about this? >> probably pray for me. >> detective noll's investigation concluded, bell already awaiting trial for second degree murder, might now face a new criminal charge. >> i plan on hopefully monday morning presenting this case to the d.a.'s office. i have hopes that they will charge it and the charges that i guess i'm looking at is aggravated battery which is a felony in the state of kansas. >> scott bacon has just concluded day four of his trial. most of that time was dedicated to jury selection and motions with little more than three
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hours of actual testimony. the case is now in the hands of a jury and bacon is back in his housing unit's rec yard eager to work off anxiety. >> this all around helps you out. sleep better, appetite, relieve stress and anger. >> bacon is charged with two counts of sexual exploitation of a child for taking a 17-year-old girl to broadway street, a stretch of wichita known for prostitution, on two consecutive nights. prosecutors say he was her pimp. >> essentially i cared for that girl and i wanted to help her. >> fortunately for bacon, the young woman, now 18 years old, testified on his behalf at trial. >> just really confirmed everything that i have been saying the whole time. she was doing it by herself, nobody forced her to do anything. she was going to do it regardless if i was there or not.
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it wasn't fun for her, i'm sure, to express these things to people that she doesn't know. the dangerous and crazy behaviors she was doing before she ever met me. >> during their first day of deliberation, the jury asked for testimony to be read back to them. specifically what bacon told police his intention was on the two nights he escorted the young woman to broadway. >> my argument to the jury in closing arguments was that his intent was not to assist her in selling sexual relations. his intent was to be there to protect her. that's what scott said that night to the police, that's what the girl said that night to the police, that's what the police officers testified to when they took the stand during trial. >> bacon's attorney, sarah swain, feels good that the jury has not rushed to a verdict. >> considering that they only heard about three hours of evidence and they have been deliberating four hours, that's amazing. i think that really points heavily to the fact that they have a lot of doubts about the case that the state put on, and i'm hopeful that that will mean a not guilty verdict or at a minimum, that maybe we will end up with a hung jury. either one of those would be an
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incredible victory considering the uphill battle that we've had with this case. >> coming up -- >> in the matter of the state of kansas versus scott bacon, as to count one, we the jury find the defendant, scott bacon -- >> the verdict is in. behind the walls of the sedgwick county jail in wichita, kansas, pastor tina was recently (burke) and we covered it, february third, twenty-sixteen. talk to farmers. we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪
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behind the walls of the sedgwick county jail in wichita, kansas, pastor tina was recently informed that her inmate choir will be shy one member for the next several weeks. >> i can pull video of the fight up in here and show you what happened. >> antonio bell has been given 25 days disciplinary detention for his assault on antonio cooper.
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bell's sanctions also include a loss of privileges such as participation in the choir. and pastor tina has asked to view footage of the fight. >> there's one, boom. then he'll stomp on -- >> my god. >> yeah. >> boy's not moving. oh, jesus. >> then cooper's not moving at all. >> that's savage. >> i don't think we need to see that again. >> no, man. what triggered that kind of rage in him? >> at pastor tina's request, bell is released from his disciplinary detention cell so she can meet with him. >> you beat him like you don't know jesus. >> you know i know jesus. >> well, i don't know, because we're created in his image and his likeness. where you beat that man down, i don't know. would you beat jesus like that? >> no. >> that's what i'm saying.
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it was a rage up in you. you didn't even look like yourself. i've known him since he's been in and out of here. he's a challenge but i also see a lot of hurt in him. there's a lot of hurt. i just hate to see him allow the enemy to set him back. i don't think it's going to sink in yet. it hasn't really sunk into him yet but i think it will. think you owe that young man an apology putting your hands on him? >> oh, no. no apology, you know. >> why not? >> because he shouldn't have did what he did, you know. >> again, like i told you, i looked at the video. i didn't see no spitting. >> the sergeant is the one, he wiped it all off. i had water and everything on me. >> that's your story and you're sticking to it, huh? >> yeah. it's the truth. i'm glad he all right, you know what i mean? kind of upset with myself that he got hurt, because you know, like he did. but no, no apology at all.
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you know? >> well, you know i care about you. just a little disappointed in your actions, that's all. >> i don't like for you to be disappointed in me, either. >> how many children you got? >> two. >> boy or girl? >> little boy and a girl. >> okay. so your son and your daughter actually but especially your son, is subject to what you're doing. do you want that for him? >> no. >> because at the end of the day, that young man that you harmed, he was somebody's son. he was somebody's brother. he might have even been somebody's daddy. that make you think about it, huh? >> yeah. i mean, but i understand what
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you're saying, you know. >> i seen the wheels rolling. sometimes when we do things, we don't look at other people as human. so that's one of the things that i try to bring them back to because at the end of the day, humanity got to overrule, somewhere you got to look at people as humans. i want to spend some more one-on-one time with you. because god willing, we're going to pull this out your life. it's got to come out. you don't like people to know about that teddy bear side of you because i've seen that side of you. i do care about you, man. i want to see you make it. i knew i wouldn't get much out of him now because sometimes it gets pretty raw. it's hard for a young man at that age to break and just tell you what's really going on. i'm going to bring him back down, we're just going to chop at it. i'm going to chop at it until we chop it down. all right. well, that's it for today, soldier.
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head on our next journey. >> scott bacon's next journey is now in the hands of 12 jurors who have just reached their verdict. they could send him home or send him to prison on two counts of sexual exploitation of a child. each count is for one of two nights that he escorted a 17-year-old girl as she prostituted herself in wichita's red light district. >> all rise, please. >> bacon had originally been represented by a public defender, who brought him a plea deal of ten years. not satisfied, his mother hired a private defense attorney, sarah swain, only three days before the start of trial. >> regardless of what happens here with this verdict, [ bleep ]. >> thank you. you may be seated.
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jennifer, if you please announce the verdict and publish it to the court. >> in the matter of the state of kansas versus scott bacon, as to count one, we the jury find the defendant scott bacon not guilty of commercial sexual exploitation of a child. as to count two, we the jury find the defendant scott bacon guilty of commercial sexual exploitation of a child. signed by the presiding jury. >> thank you, jennifer. mr. rounton, is that the jury's verdict? >> yes, it is. >> the verdict seems puzzling since bacon took the same actions on two nights but was acquitted for one and convicted for the other. the judge will sentence him at a later time. he could receive up to ten years in prison. >> they found me guilty of one charge and not the other. it don't make no sense to me. if you have the evidence to prove me not guilty, prove me not guilty. not guilty on one and not the other.
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it's all said and done now. there ain't no more guessing, no more hoping. it's over. >> i think it was a win because the only alternative we had was taking a plea. in this case, he was looking at ten years. we went to trial. he's still looking at ten years and we gained all of the appeal issues in regards to all of the errors that were committed. i mean, i believe it's error that i was not granted a continuance. i believe that it was error for me not to have time to do any investigation. >> bacon has finished. he can change out. >> i really think that after he reflects on it for a little bit, he will be happy that he chose to go to trial and i guarantee you the day that his appeal comes down, reversing this conviction, he will be even happier at that point that he chose to do this. >> i'm just beside myself on this. the evidence to convict me you
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don't have so you find me not guilty. then on the other one, you find me -- it should have never been split like that. like if you got the evidence, to find me guilty on one, i should have been guilty on both of them. if i'm not guilty, find me not guilty on both of them. there was no difference from one case to the other. >> the jury foreman says there was a difference. >> when we first got in there, there was maybe one or two guilty and everyone was not guilty. for i would probably say 80% of the time. >> he says part of the jury's job was to determine if bacon knowingly assisted the young woman in committing prostitution. that's why they asked for a key piece of testimony to be read back. >> the detective asked scott how did you assist in it. he said well, i protected her, i walked behind her, made sure she got in the van. we got back in the room and flipped drastically. so on that first night, it was never really proven that he
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actually assisted her, but when he said i was protecting her, walking her to the van, we don't know if it happened both nights but we knew it happened one of the nights. so once again, that's why we found a not guilty and a guilty, because the first time life happens, he made a mistake. but on the second night, it's kind of, you knew what you were doing. we all kind of came to that conclusion. >> coming up -- >> you exploited and pimped a 17-year-old child. you have a significant criminal history. you committed this offense while on post-release supervision. >> scott bacon receives his sentence. and everyone knows me for discounts, like safe driver and paperless billing. but nobody knows the box behind the discounts. oh, it's like my father always told me -- "put that down. that's expensive." of course i save people an average of nearly $600, but who's gonna save me? [ voice breaking ] and that's when i realized... i'm allergic to wasabi.
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well, i feel better. it's been five minutes. talk about progress. [ chuckles ] okay.
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convicted on one count of sexual exploitation of a child, for escorting a 17-year-old girl while she committed acts of prostitution, scott bacon is about to learn his sentence.
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he says his judge does not have a reputation for leniency, especially when it comes to those with prior criminal records like him. >> he's going to continue to be the same judge he has been through my whole trial and max the sentence out. he's not even going to go with the low or medium number. he's going to give 128 months probably. >> miss swain for the defense? >> bacon's attorney, sarah swain, will argue for a sentence of only five years. >> the court was present, heard the testimony of the victim in this case. it was clear from the statements made by both of the parties that the idea to go down and sell sexual services was an idea that the victim came up with and presented to mr. bacon, who had simply told her that if she was going to stay with him, he was going to help her get clean, he was going to put a roof over her head, but she needed to be working to help pay the bills, that the two of them would be accruing in living together in
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this apartment. she stated repeatedly on cross-examination that mr. bacon did not bring up the idea. it was her idea. he did not encourage her to do that. in fact, he didn't want her to do that. but when she made the decision that she was going to do that, he decided that he would go with her and he would be there to do what he could to try to keep her safe. did he make a terrible decision by getting in his car that night and agreeing to drive her down to broadway? yes. is one car ride from his apartment to broadway, whatever that distance is, is that worthy of a ten-year sentence being imposed by this court? i don't believe that it is. >> after swain concludes her argument, the prosecution addresses the court. >> this is more than about drivina young girl to engage in acts of prostitution.
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this is about driving a girl, taking the money, being there to provide protection, being there in case something goes wrong. i don't know how the court might define what a pimp is, but that certainly comes as close to being a pimp as i can think of a definition. >> after hearing additional arguments and motions from both sides, the judge is ready to hand down his sentence. >> the crime that mr. bacon, you were found guilty of is commercial sexual exploitation of a child. human trafficking is a significant problem in sedgwick county, across the country, but here in sedgwick county in particular. it has devastating impact on the victims and on our community. in this case, we had a victim that was a minor, 17 years old, a child. you know, we all make mistakes. that's what you're here
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admitting. none of us are perfect. the fact that somebody makes a mistake doesn't mean you just throw them away, that well, they prostituted one time so a little more prostitution's just not a big deal, or it's less severe. mr. bacon, this is the bottom line. you exploited and pimped a 17-year-old child, you have a significant criminal history and you committed this offense while on post-release supervision. this provides little legitimate options available to the court. due to the fact that this was a limited period of time in which you were found guilty, limited exposure rather than it being days, weeks and months, for that reason i will grant 14 months off the mitigated or 20 months off the standard sentence in this case and impose 100 months in prison.
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>> in addition to more than eight years in prison, bacon is fined $2500 and must register as a sex offender. >> mr. bacon, you are of individual worth. you deserve better than the choices you have been making, the crimes you have committed. certainly the victim in this case deserved much better and this community deserves much better. please spend this time productively, coming up with a plan, written plan, journal it, on how you can live a successful life when you get out. you deserve better. thank you all for your time and attention. we're in recess. >> swain believes the 100 month sentence was a step in the right direction and she plans to file an appeal. >> prior to trial, mr. bacon's, the only offer he had pending was for 120 months. we went to trial on one day's preparation and came out of it with 100 months. i would say that's a win. some people might say well, it's
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only 20 months. 20 months is almost two years of someone's life. i'll take that. >> you've just got to have your hope and your faith that everything is going to work out like it's supposed to. i mean, i've said it before, it's not over. at the end of the day, it's giving somebody a ride somewhere they wanted to go, somewhere they asked to go. i'm going to go do eight years for it.
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due to mature subject matter, viewer discretion is advised. >> msnbc takes you behind the walls of america's most notorious prisons into a world of chaos and danger. now, the scenes you've never seen, "lockup: raw." >> what did i tell you way ahead of time? leave that alone. let god take care of that. it ain't your business to take care of that, man. >> they are the prison stories best described by one word. >> when i came to prison i was a kid. hi to do what i had to do to survive. >> you don't know how many men you've infected with hiv? >> probably enough. >> he was convicted of three rapes but he told us

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