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tv   CBS 4 News at 11PM  CBS  March 19, 2016 11:00pm-11:35pm EDT

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>> tonight's "48 hours" will
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>> reporter: faced with with a mountain of confusing and contradictory evidence in the second gonzales murder trial, the jury again struggles to figure out what it all means. >> i couldn't come to a conclusion as to whether she was on the floor or not. >> reporter: after just one day, worried prosecutors make a major concession. withdrawing the murder charge. giving the jury the option of voting for manslaughter. >> we were hoping that they were stuck between murder and manslaughter and if we took murder off the table, it would signal to those dug in for murder that we would just want the conviction at this point. >> reporter: it doesn't work. the jurors stay stuck and that afternoon announce they, too, are deadlocked, again at ten to two, but this time ten to convict. >> i thought he was guilty. >> reporter: only two to acquit.
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prove that she didn't attack him. >> reporter: a seemingly triumphant art gonzales heads home carrying his youngest son on his shoulders, perhaps underestimating prosecutor eric olson's determination. >> we felt the truth was coming out and in a third trial we could get a verdict. >> reporter: there will be a third trial. no chance of another hung jury because, this time, there is no jury. both sides agree to a bench trial with some camera access and with judge sara deniky who has already heard this case twice, deciding art's fate. >> so now we have a situation where the judge is literal through judge and jury. >> correct. >> reporter: meanwhile, art gonzales is free on bond and living with his sons in the very house with he shot his estranged wife. even with this reduced charge of manslaughter, he could still
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that says friend dug meryl, is a scary prospect for a loving dad and his sons how do you think he's holding up? how is he feeling? >> it's amazing to me that he's even holding up at all. >> reporter: at his third trial derricks fence attorney mark gardner uses art's f.b.i. training to defend what happens. his witnesses say the reflex to react engrained in f.b.i. agents is what keeps them alive. >> what about the fact that art fired four shots? >> four shots with a handgun against an advancing attacker is very often insufficient to stop that attack. >> you want some coffee, marietta? >> reporter: julie's parents who have traveled across the country from new mexico three times for these trials aren't buying it. >> he's not taking
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>> he wants you to believe julie is responsible for her own death. >> it was very difficult to look at art when i got on the stand. >> reporter: f.b.i. agent janet johnson who worked with art in new mexico says art confided something to her before he moved to virginia. >> if i disvors her in new mexico, she gets 50% of everything i have. he said, that's not going to happen. i'm going to lure her to virginia and the laws are much more favorable to the man in virginia. >> reporter: art's attorney, mark gardner, says the physical evidence of what happened that day is the only evidence that counts, evidence like the gunshot residue. >> there was gunshot residue both on art's hands and on julie's hands. there was gunshot res due -- residue on the knife. all consistent with his claim
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chloe proximity to him when the weapon was fired. >> reporter: prosecutors agree physical evidence is the key and hope the judge will grasp it better than the two hung jurisdid. they bring back their star witness. >> marcella s. fierro. >> reporter: the refound forensic pathologist who says julie was flat on the flor when at least one of the shots was fired. what makes her so sure? >> this bullet then exited the back partially. it exited and popped back in because it has a short exit. >> reporter: this is the bullet dr. fierro is referring to. >> it means that the back was against something firm or hard. >> reporter: and that's something, prosecutors say, was the kitchen floor. but as in the previous two trials, the defense maintains the bra julie was wearing could have stopped that bullet.
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>> could a bra cause that? yes, but not the bra on this lady. >> reporter: she is unshakeable under crks. >> what would change your mind? a video. >> reporter: but defense forensic pathologist donald jason is just as sure. >> i believe it happens with bras like she was wearing. >> reporter: even more surprising is this witness who typically testifies for the prosecution. dr. jennifer bowers is a state pathologist. >> do you believe the bra you saw on julie when she was brought to the medical
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caused that shoring? >> it's possible, yes, sir. >> reporter: in his closing arguments, attorney gardner underscores the dilemma of dueling experts. >> i will go to my grave questioning how any forensic pathologist can say a .40 caliber bullet shot into julie's body into her back with enough force to exit the floor and cause shoring and there's no evidence the bullet struck the floor. julie charged at him, surprised him. he looked up, put his arm up, pushed her away, tried to create distance. she got her balance and immediately came right back at him. he pulled his weapon and fired, exactly like he's been trained to do. i maintain that there is no real evidence to contradict art's claim about what happened in that kitchen. >> reporter: but prosecutor olson says nothing art gonzales says can be trusted. >> it is not a coincidence that the track of mr. gonzales' relationship with kara cast is the track of the divorce. it was made right at the beginning of may is when he fell
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contrary. what happens mid may after he's fallen in love with kara cast? he sees a divorce lawyer. in june he files for divorce. mr. gonzales lied repeatedly in this courtroom. he lied about when the romantic and sexual relationship started. he is manipulative and devious. >> two years after this once respected f.b.i. agent shot his wife to death, he is about to learn his fate. allergies with nasal congestion? find fast relief behind the counter with claritin-d. [ upbeat music ] strut past that aisle for the allergy relief that starts working in as little as 30 minutes and contains the best oral decongestant. live claritin clear,
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>> the only thing that i'm 100% sure of is that julie gonzales should not be dead. >> reporter: the prosecution had flown in julie's new mexico friends to testify, and, after two hung juries and three trials, they are confident that this time justice will be served. >> and lea and i just grasped each other, and we thought "oh my god, it's finally done."
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reasonable explanation for what happened in that house on august 19. >> reporter: but judge sarah deneke seems in no hurry to deliver her decision. >> it was excruciating. i'd be lying if i didn't say that. >> reporter: for openers, the judge clearly doesn't believe art's story about trying to resuscitate julie after he shot her. >> the defendant reported performing c.p.r. on the victim, on julie, and i find that very doubtful given the evidence that i've heard here. >> reporter: but then, she pivots and begins dismantling the prosecution's case point by point. >> we have to address the issue of cara kast. the court finds that the evidence of the relationship with this girlfriend is irrelevant to this finding. there was not one single piece of evidence that is relevant to motive or motivation. >> his girlfriend, what he considered the love of his life,
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with someone else. that couldn't have played a part in his mind when... when he killed... julie. >> to her, it didn't matter. >> now, the evidence is that the bullet was somehow caught in the clothing. frankly, i find that weird. it's not significant in terms of making a determination as to whether or not this crime occurred or this killing occurred in self-defense. >> this is not relevant, that's not relevant. she went through a whole list of things that she found was irrelevant. all of the things that happened to him that made him unstable, distraught, she said that didn't matter. >> reporter: nor do the dueling expert witnesses sway the judge. >> they do not vary on the facts. they all agree that there were four shots. >> reporter: what apparently
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gunshot residue on julie gonzales' hands, which leads her to conclude that julie indeed may have attacked art gonzales. >> the gunpowder residue is consistent with the defendant's version of the victim holding the knife as he fired the weapon. there's no other explanation as to how she could have gunpowder residue on her hands. >> reporter: accepting that art's story could be true, she announces her verdict, sounding almost reluctant. >> i have no choice but to find the defendant not guilty of the crime of manslaughter. >> when she says those final words are not guilty, my heart sinks. you're just totally devastated. >> it was disbelief, shock.
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prosecutor kristin bird can take. you were sobbing. >> i had heard the family gasp behind me at the end of the reading of the verdict, and it was hard to know that for a split second there they thought he was going to be found guilty. >> reporter: despite the outcome, prosecutor olsen defends trying gonzales three times. >> we believed strongly that he was culpable and guilty of the death of julie gonzales. we wouldn't have prosecuted the case if we had doubt. >> reporter: a free man at last, gonzales quickly exits the courthouse, his family shielding him from view. his sister, arlene, stood by him throughout the entire ordeal. >> it's a relief, and our family is very happy. i'm sorry. >> you seem overwhelmed with emotion. >> i am very overwhelmed right
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thank you, god. >> reporter: art showed up uninvited when we talked with his lawyer. he didn't want to join the interview, but he kept his ear to the door for the entire time. in the end, art gonzales would only talk about his reaction to the verdict. >> i'm sorry, do you mind if i... for a second, miss spencer. what i'm kind of hearing through the door and stuff. but what did the prosecutor allege i did right after the verdict was read? >> reporter: nothing. i didn't... nothing. >> oh. >> reporter: no, i asked. i said i couldn't see. i said i was sitting behind you, and i couldn't see. and i asked what your reaction was. >> i looked up, and i thanked god. without god and the people he's put in my life, there's no way i could've made it. >> reporter: you can come say that to me. >> i will, in time. >> reporter: well, how about now? >> no, because i have to take my son to soccer practice. >> reporter: art gonzales never did sit down with us. now a single parent, he's says
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plus, the f.b.i. fired him for what it said was his "lack of candor" during the murder investigation. >> his life has been in limbo since this happened. he's been without work. he's been unemployable, essentially lost all of his assets. his house is up for sale. >> reporter: but you'll find little sympathy for art gonzales in julie's hometown of socorro, new mexico. >> not in my worst nightmare did i ever think that we would be going through something like this. >> reporter: her parents can only take comfort in their faith and their memories. what will you miss most about her? >> her gentleness, her good nature, her wittiness. >> reporter: once very close to their grandsons, julie's parents
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now. >> we lived for our grandchildren, and i was their teddy bear. what more can i say? we love them, and we'll always love them. >> reporter: through three trials, they believed in their hearts that the f.b.i. agent who killed their daughter would go to prison for it. now, they believe something else entirely. >> art gonzales is guilty of murder, and he got away with it. i'll believe that till the day i die. >> did the judge get it right? check with correspondent susan spencer on twitter. captioned by
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captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org
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cuba gets ready for a historic visit from barack obama. the arrival is less than 18 hours away. this will be the first visit by a sitting president to the island nation and 88 years. eliott rodriguez and rita bishop bossi are in havana for the three-day history making trip. >> reporter: when the president -- arrives tomorrow one of his first stops will be old havana. he is expected to meet with jaime ortega and take a walking tour of old havana. he's also expected to receive a hero's welcome. we are one of hundreds of journalists is descending on havana today. i will turn it over to eliott rodriguez. >> reporter: the journalists
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press center at the havana libre hotel. reporters will get a direct feed from cuban to be appalled at the -- tv of all of the items on the agenda. it is the biggest technical and logistical challenge since the visit of pope francis last september. this is an emotional story from cuban-americans are come from south florida. >> reporter: so many people have a foot in both worlds. in the us and this land of contradictions. on our flight from miami to cuba we ran into the former president of the american bar association. he told us that the relationship between the us and cuba is like a dance involving two partners who have to work together. >> we are starting a long road. i do not think it will be quick. it is a complicated dance that we are going through one step
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>> reporter: one of the steps involves america's favorite pastime. >> this is a big deal then major -- for major league baseball that would love to tap into some of the talent on this island. while baseball is symbolic of the change in the relationship many believe the pivotal moment will come on tuesday when president obama will address the cuban people directly to he will do it during a speech at the national feet -- theater in havana. 1000 people will be in attendance and it will be broadcast throughout cuba on cuban state tv. that will be the moment where the crescent -- president gets to explain his policy and vision for the future to the people. >> reporter: so many people in anticipation of this visit and we will bring you live reports from the president arrives tomorrow afternoon. >> thank you.
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schedule for the three-day trip. after president obama arrives he will to her old havana. he will visit hosanna cathedral in meet with the cardinal. on monday president obama will have a meeting with raoul castro and meet entrepreneurs. later the president will attend a state dinner. then president obama will make a speech to the cuban people. he will attend a baseball game between the cuban national team and the tampa bay rays. some elected officials are speaking out about the visit to cuba and as you might expect they are split. >> i am disheartened and sick and that the president of the greatest country in the world would go to an illegitimate regime like the one in castro's
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>> we have a historic opportunity to go to cuba to talk about the plight so we can make sure that we can press for human rights >> marco rubio issued a statement today as well. it read in part on sunday president obama will touch down for what promises to be the most disgraceful trips ever taken by a us president anywhere in the world cup --. keep it here for the extensive coverage with the predebate and elliotts live reports beginning tomorrow. a homeowner in miami gardens is picking up the pieces after a car plows right into their home. it happened near nw. 23rd avenue. and 127th st. you can see the impact made a massive hole in the front of the house.
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have actually hit the accelerator instead of the brakes. the driver was taken to the hospital and they were someone home at the time. we have our eye on the storm in fort lauderdale where a waterspout came close to the beach today. take a look at video the onlookers captured at the waterspout forming just off the coast this afternoon. you can see winds whipping over the water before quickly dispersing. nobody was hurt but the strong winds damaged several catamarans and beach chairs. what can we expect overnight? >> earlier we had a severe thunderstorm watch issued for portions of brevard county. -- broward county. we are seeing heavy downpours near key largo and big pine key. as we have cold front on the way ahead of it still unsettled with plenty of moisture. we will see the potential for a
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morning. we will start to see showers rolling around 6 am until 8 am. around lunchtime we could see some gusty downpours. through the afternoon hours winds will increase. breaking it down weather headlines it will be in the low 70s with spotty showers tomorrow and then the front wall and i'll let you know how low it will go. >> the canes march madness continues. he watch the big win today on cbs4 now it is on to this sweet 16. lissette is not the only one happy. lissette -- upsets have been the theme of the tournament. we scored 16 points in the first half with rodriguez. then he set up his teammates.
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went back to score like a demon. they made all of south florida proud and when it was all said and done had 28 points in the 65 to 57 win sending the hurricanes into the sweet 16. >> he's got a huge thing right here that keeps pounding out of his chest. that's really what it's all about. are you willing to put your self-esteem on the line and challenge yourself to be the best and he did today. >> tomorrow the canes will be back to rest up for the sweet 16. their next opponent will be either iowa or villanova. >> thank you. it has been a night of musical madness in downtown miami. tens of thousands of electronic dance music bands out in force for the second night of the ultra music festival. there have been problems in the past. we are there live with how
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tonight. >> reporter: things have pretty much gone off without a hitch this weekend so far. it is only day two of three here. it's a beautiful day with a very popular act on stage right now. day two of the ultra music festival with fans from all over the world. 165,000 people right here at the festival. >> people in mexico and all over the world. >> reporter: edm is huge in mexico? >> it is really hot in mexico. >> it is so good. they are djs. >> reporter: even serious medical issues cannot keep the hard-core fans away. this fan with back surgery
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>> i think it will be a good feeling. >> reporter: one more day of ultra which means traffic delays in and around downtown miami. biscayne boulevard is shut down southbound and northbound is cut down to two lanes. just a couple of miles over the causeway spring breakers and more music events all over south beach. more traffic and more police and ocean drive from seventh to 11 this street closed to vehicles from 7 pm to 7 am. no one on the stand after sundown and no alcohol on the beach. police checkpoints are screening for contraband. back live here at ultra musical festival the action begins tomorrow. it ends at 11. keep that in mind as you try to get around on sunday.
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a cbs4 exquisite. -- exquisite. one-on-one with alan gross. he tells us how he inadvertently set the wheels in motion for the historic change in us cuba relations. tragedy in russia. we will have the latest on what might have caused a plane crash there. trump protesters get wild in the streets of new york city
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