The Evidence Room (Parts 1 & 2 ) | Full Episodes | Forensic Files

This is WHBC AM Canton News Talk 1480 WHBC. >> The trial begins today for a local woman
accused of killing her husband on New Year's Eve. >> It had happened so fast and he had put
his hand over my my nose in my mouth and I couldn't breathe and he's shoving me.
He's like, "Go to the bedroom, [ __ ] Go to the bedroom." And I'm going I'm like
I'm like, "Okay, okay, okay. I'm going. I'm going." >> My name is Scott Rotor. I'm an evidence
specialist. I received a phone call, a domestic homicide case, a woman who's being accused of murder.
>> And I'm like, I'm going to call the cops. And he grabbed me and he shook me like this. And he took my phone. He
goes, "You want to I'll give you a reason to call the cops, you dumb [ __ ] I'll give you a reason.
He walked out. He left. He left the room and he went down the hallway screaming it over and over again.
>> Everybody was really interested in this trial because it was this small town with this beautiful young lady who's
being accused of this horrible crime. >> I walked out into the hallway and I had
the gun at my side. He said, "Where do you think you're going?" And I said, "I'm I'm leaving.
I'm going." And he started to walk towards me and I raised the gun. >> We've got a dead man.
And we've got a woman whose life is hanging in the balance. She's the only eyewitness to this
situation. >> And then it was over. It was so quick. and he was on the ground and and I was
still holding the weapon out and I was still pulling the trigger. >> Some people were immediately making a
judgment for this is a battered woman. >> My daughter is innocent. She's innocent
of murder. >> And then some other people were immediately making a judgment. Cold
bloodooded killer. >> How could she even do that? >> I think she's a monster. >> People want to rush to an opinion. and
they want to rush to the story before the evidence even has been analyzed. I stick to the physical and the forensic
evidence. >> What was your purpose in firing that first shot >> to to stop Rob? My life is in danger.
I was just trying to stop him. I I was defending myself. Evidence in a criminal court of law.
They can send a defendant to prison for life or prove their innocence beyond a reasonable doubt. We'll go behind the
closed doors of legal strategy sessions and cutting edge evidence analysis to show just what it takes to convince a
jury that you have the most compelling evidence of all. Sometimes I'll work for the defense,
sometimes for the prosecution, uh sometimes for the plaintiff, sometime for the uh for the defendant. I look at
the totality of the evidence and put it together kind of like a puzzle. This isn't about emotion. We evaluate
the evidence. We conduct experiments. We reduce it to a visual presentation [music]
and then we try to demonstrate that for the benefit of the jury. If you hire me, you get what you get.
And I'm going to do my best to to demonstrate what I think the truth is. Ultimately, at the end of the day,
that's what we do. Heat. Heat. Well, two months ago, I moved to uh Los Angeles, California to open up a new
office. Just settling in. You know, I get the phone call on this domestic homicide case, of course, back in my
hometown. So, you know, yesterday I jumped on an airplane and now I'm back in Cleveland.
I lived in Cleveland all my life, born and raised here. Scott Rotor has come home to work a
murder case. >> We've got an interesting case. Young lady is being accused of murder.
Uh she shot and killed her husband apparently over some sort of a domestic dispute.
>> Cleveland defense attorney Ian Freriedman has hired Scott and his company to help convince a jury that his
client had only one choice. Kill or be killed. >> Thanks for coming on board. >> Oh, sure. My pleasure.
>> Scott Rotor is not a lawyer, not a detective, and not a forensic scientist. His specialty, using evidence to create
visual presentations of a crime. >> Who's the defendant in this case? >> Uh the defendant in this case is Colleen
McCernan. 28 years old, white female, married to Rob McCernan. >> The victim. >> The victim. Yes.
>> Uh Colleen has been charged with one count of murder. >> All right. This happened on New Year's
Eve in the minutes just before, you know, the ball would drop. >> New Year's Eve, December 31st, 2014.
Colleen and Robert Mccernan went out to celebrate with friends, but wound up at each other's throats. Back at home,
their night ended with this call. >> 911. You need police fire medical. >> Listen to me. I'm really drunk and my
husband his hands on me again. >> Where are you? >> I I killed him with my gun. >> Where are you?
>> Rob was found lying face up uh with 10 shots, 9 mm uh casings uh surrounding the body. All 10 shots hit. Uh we've got
uh eight to the trunk, two to the head. Uh there's not going to be any dispute as to who the shooter was. There's not
going to be any dispute to what the weapon was. >> You've got an interesting situation here
with regard to was it self-defense or was it murder? That's I mean that's the big question of the day, right? Are
there any witnesses, neighbors, you know, through open windows or heard yelling or anything like that at the
time at the location of the actual [music] shooting. >> So, the only thing that we have there
was no one else in the house. Uh no one saw any fighting, no screaming inside the house. And that's why I'm pretty
comfortable saying to you again, there are really only two parties who could have stated what was going on inside the
house at the time. >> And now only Colleen McCernen is left to tell that story. >> The state's going to say, ladies and
gentlemen, uh she committed murder and we're going to say that uh she reasonably feared for her life uh and as
a result she did what she needed to do. There is a history that we will be bringing forward at trial of physical
and uh mental abuse at the hands of Rob that night. He was physically assaulting
her. She felt that she had to leave the house and he was not going to allow that
to happen. So she went and got the firearm for the sole purpose of leaving. I believe that Colleen McCernan is a
cold-blooded murderer and justice needs to be served for Rob. >> Jennifer Dave, lead prosecutor for the
state of Ohio, disputes Colleen's claim of abuse. Day suggests that her true motive was money. Weeks before the
shooting, Rob's life insurance policy was changed, making Colleen the sole beneficiary.
she was going to get 100% which means that you know had he died she would get $200,000. She saw her opportunity on
December 31st at the end of that tumultuous night. >> We believe that the evidence showed that
she shot him when he was trying to leave. Uh he had his coat on, his shoes on. The jury, they're going to hear the
state say murder, murder, murder. And I need them to see that she had no choice that evening. If she were to protect
herself, she had no choice but to do what she did. >> Which is where Scott's skills come into
play. Ian basically asks you to recreate what happened that night. >> Yes. >> He and his team will build a visual
model of the defense's theory of the crime for the jury. I think it would be invaluable if we could show them, okay,
using technology today, if we can show them what happened uh that night in the house.
>> Absolutely. >> It's very simple >> and it's a, you know, a situation that I believe people will understand,
>> you know, once we're done showing them what happened. they'll see that you could have put anyone in her shoes that
evening and any of those people uh would have felt that in order for them to leave that house safely, they would have
had to have done what she did. It's sad, but that was the choice he made that night.
>> Okay. >> Right. >> Well, that was interesting. Um I think they definitely have their case strategy
laid out well. So, I think the next step here is going to be to collect my staff
up, go over all of the evidence, and hand out the assignments and really start [music] the reconstructive
process. Since starting the evidence room in 2002, Scott Rotor has worked on hundreds
of cases. We work all across the country and sometimes across the world. >> How do you measure success?
>> Well, I think you know success is it's not about money or win loss ratio. We're
trying to put forth um you know our process and our methodology hopefully to find [music] justice
>> which is what they were hired to do in 2014 for probably their most notorious
client, South African superstar, the Bladeunner Oscar Ptorius. The stunning murder case against the bladeunner.
>> He was charged Thursday with murdering his girlfriend. >> Distorius was tried for shooting Reva
Steinamp in his home, claiming he thought she was an intruder. >> It's a case that's riveted the world.
The Blade Runner, the fastest man on no legs, charged with killing his girlfriend.
>> You fired at Rever. >> I did not fire at Rever. You referred to this incident or this occurrence as an
accident. Is that correct? >> That's correct. >> Rotor's team was brought in by the
defense to illustrate what Ptorius says happened that night. >> Oscar in his story, he said that uh we
woke up in the middle of the night and heard a sound in the bathroom. >> Was at this point that I heard a window
open in the bathroom. >> What did you think at the time, Mr. Ptorius? my lady, that's the moment that
everything changed. And >> it was just this unfortunate circumstance where as he approached his
girlfriend who was hidden in the toilet inside of the bathroom and he was screaming for her to call the police
thinking that she was in the other room and unfortunately he shot his girlfriend
Reva and accidentally killed her. >> I was crying out for Reva. I was screaming. I sat over Reva and I cried.
Though never shown in court, this animation helped the Ptorius defense team develop its strategy.
>> So I was obviously checking the bathroom and then I >> In this video, the defense had Oscar
reenact his movements as part of their research. Ptorius in another house demonstrated what that night was like
without his prosthetic legs as he made his way to the bathroom. And I felt that it was a very honest rendition of the
story and that he was not guilty of murder. >> But Pistorius was found guilty not of
murder but of culpable homicide. [music] >> In layman's terms, manslaughter. According to the judge, Oscar Ptorius
did not intentionally kill Reversteion, but acted negligently in firing four shots through his bathroom door.
Ptorius was sentenced to 5 years in prison, but later his conviction was changed to murder and his sentence
doubled. >> Uh, today we're going to be discussing a new case. >> 48 Hours hired Scott Rotor as a CBS News
consultant to give us a rare inside look at what it takes to build a defense case. It's
>> a domestic homicide. Uh, we're going to be defending uh a woman by the name of
Colleen Mccernan. >> Tell me about the team. Who's on the team? >> Uh Amy Mezer. Uh she is my logistics
coordinator. Uh Patrick Mooney, my biomedical illustrator. Marcus Sedot, criminal defense attorney.
>> She was a military police officer. >> She was. Yeah. I think that's pretty interesting. Um
>> 15 months in Turkey, deployed to Afghanistan. So she has four years in the four years
of active duty in the Air Force. In the fall of 2013, 25-year-old Colleen and 28-year-old Rob, both living in the
small town of Masselon, Ohio, were introduced by a mutual friend. Not quite 7 months later, they were married.
>> And they had only been married for less than a year at the time that this happened.
>> This is not your usual wedding photo. The bride posing with guns. At the time
of the shooting, she worked in a bank and he worked as an oil driller. >> [music]
>> Now, the husband also has military experience, military training, >> and it turns out he also had a history
of domestic abuse as well. >> These documents that are sitting out here are the prior history of abuse
against other women. >> I believe that there's uh indications in the record that Rob had u multiple
restraining orders against him from prior girlfriends and prior relationships. Also in the record, this [music] 2013
911 call from one of Rob's former girlfriends. >> Last one, please. >> Hi. Um, I need to speak with a police
officer [music] about filing a police report for someone trying to kill me. >> And this person's name,
>> Robert Mccernin, >> ex-girlfriend, >> ex-girlfriend. >> Um, she said pretty much immediately he
started becoming extremely controlling. Um, she said that that that was her first red flag.
And then um the domestic violence was shortly thereafter. >> Did she state that he ever struck her?
>> Yes. >> And Colleen had called 911 before about Rob. >> She did. Yes. >> Yes, ma'am. This is Colleen Mccern and I
called earlier. You left me a voicemail. >> Right. You called and you said that you
did not want your husband coming back there, but you hung up on me twice. What's going on?
>> Okay. Are you hurt them in any way? >> No, I'm not hurt. No. You said on me, but he did not leave a mark.
>> But is there enough evidence to show that Colleen was abused by Rob? Prosecutor Jennifer Dave says no.
>> There was no photos, no police reports. >> The state's position is Colleen used
Rob's history as a cover for murder. >> I know there are true women out there that are battered.
She's not one of them. I >> tell you right [music] now, I hope Colleen's story vets out because if it
doesn't, we're going to be able to find we're going to be able to tell pretty quickly.
What's your full name again? >> Colleen Marie Mccern. >> Mernon. Is that how you say that?
>> MC C E R N. >> Okay, Colleen, have a seat right there. I'll get them cuffs off as soon as I
can. >> Colleen Mccernan spent the first hours of 2015 in the custody of the Massalon
Police Department. Her husband, Robert Mccernan, never saw a single second of the new year.
>> What's Colleen's demeanor when she's down at the police department? >> Uh, well, I mean, she would be excited,
uh, upset, crying, devastated. [clears throat] >> [crying] >> And then I believe she kind of just kind
of calmed down and um she stopped crying uh and she just I think was probably in
a state of shock. >> You know, a lot of people in trauma, you know, are just, you know, in shock and
just horrified. >> State prosecutor Jennifer Dave has a different opinion. Can I use the
restroom? >> Thank you. One second. >> She's sitting there and you can see her literally after the detective leaves the
room, she picks up those papers to see what's on them and then she puts them back and then make sure she turns them
to make sure they're neat, you know. So, this is this was cold and calculated. She knew exactly what she was doing.
>> This picture was taken. What are we looking at? Well, this is a picture of Colleen [music] uh taken uh at the
police department right after she had surrendered to law enforcement. And you can clearly see that her entire
face is uh covered in blood. >> And the blood came from >> the blood on Colleen's face is as a
result of her giving CPR to Rob after she shot him. >> You're being charged. You understand?
You have to be charged. Okay. the proper cause is there doesn't mean you're convicted of anything. Okay.
There's probably more to the story. We don't know. We're not here to judge you. Okay.
>> And when police arrived, what did she tell them? >> Um she told uh law enforcement that she
wasn't going to let him do it to her again. He was going to hurt me >> and I couldn't. That was the last time
he was going to hurt me. I wouldn't even want to happen again. I don't care. >> And um I think that's when in her mind
uh she was thinking that the situation was self-defense. >> I told him I said next time he touches
me I'm going to kill him. I didn't really want him to die though. >> And you know she claimed at that time
you know hey I was just defending myself. Continuing their work, the evidence room team focuses on Colleen's
state of mind. >> I hear that she's talking about all the fear that she had. I don't see a very
serious physical interaction prior to the shooting. >> He He was pulling her hair.
>> Exactly. >> He was possibly on drugs. >> Okay. >> He's got a long history of violence
against women that's documented over years and years and years. That's in her mind. So,
>> fair enough. In essence, she's got to say, "I can't leave. You know that there's going to be imminency to serious
physical harm." So, I had to rely on my training. And then I shot him. >> I think that if I'm if I'm holding a gun
and there's a a larger male coming towards me in a in a threatening manner, I I would shoot for sure. I hear often
from other females, from, you know, my friends that why not just why not just shoot him in the leg? Why wouldn't you
just shoot him in the leg? Because she's she's trained to shoot to kill. If I'm shooting someone, I'm going to shoot to
kill them, >> right? >> Was it self-defense or was it murder? That's I mean, that's the big question
of the day, right? But all of this other information is, okay, how close were they? How far were they? You know, is
there evidence to demonstrate that he was attacking her? This is um an autopsy photograph of Robert. Um, why don't you
guys go ahead and take a peek at that? Now, he had um had two shots to the face. Uh, one through the right eye and
one into the mouth. Um, got pass that picture around. You guys see anything interesting on
that picture that might help us out? Is that stippling? >> Yep. That's a close range shot.
>> Explain what stippling is. >> Well, stippling is uh when you shoot a gun, uh the bullet is uh propelled out
with gunpowder and as that bullet travels, the gunpowder travels with it. And for a short period of time, that
gunpowder is hot and can burn, make burn marks. And that's indicative of the muzzle of the gun being very close to
the target. >> Meaning Colleen shot Robert at close range. >> How close? >> Well, we need to conduct an experiment
to determine exactly how close it was. In the next couple of days, let's get this exact gun. Let's get this exact
ammunition and uh we can go to the firing range and set up a a test, >> okay, >> so that we can try to duplicate that
stippling pattern. >> But that's not the only test they'll have to do. >> She does not have a memory of the
shooting itself, realized that she emptied her gun of all 10 shots. She estimated the shooting took no more than
about 3 seconds. In your mind, when you learn that Colleen says that she fired these 10 shots in about 3 seconds, what
are you thinking? >> It's pretty fast. I'm not sure how fast I could discharge 10 rounds.
>> Pat, you're a pretty experienced firearm handler. How fast can you get off 10
shots with this weapon? >> I want to say within 15 seconds. I I think she states 3 seconds. You're not
going to fire 10 rounds in 3 seconds. >> I disagree with you. I I I think you can
fire 10 round. I mean, this is semi-automatic. >> Semi-automatic >> 9 millmter. 3 seconds. One, two, three.
>> I don't think you're letting off 10 rounds in 3 seconds. >> All right. Well, we'll test it.
>> But perhaps the most critical question in this case is this. In what order did
Colleen fire those 10 shots? >> Where was Rob standing when he received the first and last shot? What shots were
first? What shots were last? Can we determine a sequence? >> Prosecutor Jennifer Dave contends
Colleen first shot Rob in the back. >> He's getting ready to leave. She shot him in the back first. First in the
buttocks. Then as he's turning, he she was uh he was shot in the on the back three times. And then as he's turning
around twice in the on the arm and then twice as he's going down in the front chest and then walks up to him and
shoots him in the mouth twice. Basically telling him that he can't speak anymore.
>> But Colleen says those two shots were first. >> There's a gunshot wound to the upper
right lip. Gunshot wound number two. Entrance wound of the left upper lip. below the vertex of the head. The bullet
traveled from front to back, upward and slightly left. That's going to be a key piece of evidence there.
>> You don't know whether the shots to the face were the first shots fired, the last shots fired.
>> We don't know that yet. >> And does that make a difference? >> It makes a big difference.
>> Why? >> If the shots to the face were last, then this is murder. The only way that this is self-defense
is if the shots to the face were first. >> That's a key point. >> Very key. So, there's a lot that we're
going to need to do to uh investigate Colleen's story. >> To fill in those blanks, Scott is
planning to go straight to the source. We're going to have an opportunity tomorrow, I believe, to actually [music]
meet with Colleen herself and walk through um the exact sequence of events. We're going to basically take the same
strategy that we did [music] in the in the Oscar case. You know, we're going to walk her through the scenario and um you
know, have her step by step show us how she was positioned, [music] where he was, you know, how this whole
thing evolved. >> What are you expecting from this meeting with Colleen? Hopefully the truth.
It's the evidence room team's job to ask questions and find answers. But in this
case, there's absolutely no question that on New Year's Eve 2014, Colleen Mccernin shot her husband, Rob. What's
still unclear is why. Was it self-defense or coldblooded murder? To answer that question, Scott Rotor turns
to the one person who can take him back to the scene of the crime. Well, we're waiting for Colleen to
arrive um for a uh one-on-one interview. >> Under house arrest and [music] awaiting
trial, Colleen Mccernan arrives for a meeting with her attorney and Scott. You know, what I hope to accomplish today
with Colleen is to really break down [music] that, you know, 3 seconds in time, uh, from the time that she, uh,
you know, felt [music] in fear for her life, uh, to the time that she discharged a weapon.
I want to jog her recollection. Uh just see if there's any actionable data that I can test from her statements and I
want to get her to interact with me and demonstrate with me and to me what happened. You know, I'd be lying if I
said I wasn't a little bit nervous. >> Colleen, nice to meet you. >> Hi, nice to meet you, too.
>> Have a seat. So, you know, Colleen, as you know, you know, my job here is to work with you to prepare, uh, a forensic
animation, uh, to share with the jury, uh, you know, your version of the events as you recall them. So, I need you to be
as specific with me as to your recollection, uh, as much as possible. And hopefully that'll be a powerful
tool, you know, for the jury to really understand what happened, you know, that night. Are you surprised by the woman
who shows up? >> Uh, I am a little bit surprised. Um, she was very cordial. She was, um, you know,
very conversational. She seemed like a very confident woman, but I didn't want to let that affect the investigation.
So now, uh, at some point in the evening, you know, it's New Year's Eve. Um you um probably went out to celebrate
New Year's Eve with some friends, right? >> Um well, Rob and I left the house and
went to a bar um alone, just the two of us. >> Okay. >> And um we played pool there and um we
had uh we we did drink a little bit. Um, and then we went from that bar to uh his friend's house.
>> Colleen and Rob got to their friend Britney Martin's New Year's Eve party around 9:00. They stayed for about an
hour, then headed to this nearby bar with two friends. After a couple of rounds of drinks, they returned to the
party. >> So, they all went to the bar. They were gone maybe 20 minutes. They were back before
10:30. In this police interview, Britney Martin describes the scene she witnessed
in her backyard that night. >> We got to the back door. Um, she was screaming in in Rob's face. And I said,
"Hey, there's an infant in that house next door. Her bedroom's on our side of the house. You guys can't be out here
screaming like this. So, either she's got to stop or you guys have to go." And Rob said, "I'll just go. We'll just go."
So, they came up. He um walked into the door first and he looked at Zach. He's like, "Not a big deal. She's drunk. I'll
just take her home. That's what it is. And then she came up behind him and she turned around as she came through the
front door and looked at us all and said, "Remember, this wasn't my fault." >> At that party, Colleen had accused Rob
of uh doing some sort of drugs out on the back patio. It caused a big fight, but ultimately uh that fight led them to
leave the party and go back to their home. According to the coroner's report, there were no drugs found in Rob's
system, but he was legally drunk. >> There was an altercation in the car. >> He's driving fast. And is he drunk at
this point in time? >> Absolutely. >> What do you learn from about their ride home?
>> The only person that can tell us the story about the ride home is Colleen. And what Colleen says is that Rob was
extremely abusive and threatening to her. >> And he opened my door and he unbuckled
me and he ripped me out. So you unbuckles your seat belt and how does he grab you
>> when he grabbed me? It was he put his arm around me. Hang on. I'm sorry. Like
this. >> And Colleen was a did a very effective job on, you know, kind of relaying to me
how Rob grabbed her out of the car. How her feet were dangling as she was, you know, being pulled into the house.
>> His his hand was over my mouth, so I couldn't breathe. >> Okay. >> And I couldn't speak. And he carried me.
I could touch the ground somewhat and I tried kicking him, but I I wasn't able to breathe or speak at all and he took
me all the way up to the house like that. >> By the time they made it inside, it was
about 11:00 p.m. and the night quickly went from bad to much worse. >> They were in the hallway, which is right
at the top of the stairs. Daddy grabs her by the back of her neck and pushes her down the hallway in toward the
bedroom. He's telling me to go to the effing bedroom and he's shoving me down the hallway and I'm telling him to stop
because he's hurting me. >> Now alone in her bedroom, Colleen says that she tried to call police for help
but caught Rob's attention instead. >> According to Colleen's story, uh he grabs the phone, he shakes her
violently, >> and he like screamed like an animal in my face and shook the crap out of me
>> with what did he say? >> He didn't He just screamed. He like roared like an animal and when he's
leaving he's like I'll give you a reason to call the cops you [ __ ] and he left.
>> At that particular point um she collects her weapon which was casually laying out
in the bedroom. >> Um I was terrified and I didn't know what his threats would entail but I
thought that my life was in danger and um the gun is right next to me. Colleen says she kept a loaded gun in the open
on the window sill near her bed. [music] >> And then she grabs collects her gun,
meets him in the hallway, and says, "Get out of my way. I'm leaving. You're not doing this again."
>> And I stepped forward out of the light of the doorway. Okay. >> To my bedroom, and he was there.
>> Is Rob in between her and the exit. >> That's correct. Colleen leaves the bedroom. She's in the hallway just past
the the doorway. >> And I told him I was leaving. He took a step towards me and and I raised the gun
and I said I said to back up. >> Okay, >> I need you to back up. And he said, "You're not leaving." And came towards
me. >> She said that Rob came toward her. Took a big step for forward toward her with
his arms out almost as if to either grab the gun or grab her. >> So he was you thought he was coming to
grab the gun? >> Yeah. >> Okay. So he came at you to grab the gun and when did you start firing?
it immediately. >> A former Air Force security officer, Colleen was well trained in using a
firearm under stress and says that training saved her life. >> I mean, they always say that when you're
put in a stressful situation, you always revert back to training. >> Center mass.
>> So, it's it's two shots uh two two shots to the heart, one shot to the head. >> But Colleen didn't fire three shots, she
fired 10, all hitting her husband. >> This is where he came forward. Okay. And um and when I was firing,
he ended up with his feet ending here and I was standing there. >> There were some shots to the back.
>> Yes. >> Alarm bell for you. >> Absolutely. Yeah. That's a big indicator. Now, you know, I do a lot of
police involved shooting cases, and one of the big no nos in police involved shooting cases is shoot somebody in the
back because that means they're going away. They're moving away from you. And if somebody's moving away from you,
they're no longer a threat. Uh so that is concerning to me, but in this situation, there's other gunshot wounds
that aren't in the back. So, we're going to have to work that out. >> You must have had a million questions
going through your mind hearing this story. >> Well, I did, you know, focused in
primarily on the physical and the forensic evidence. you know, I just want to give you my asurances that, you know,
we're going to do the best job that we can uh to um you know, accurately, [music] you know, represent
uh what happened that night. >> Okay. Thank you. >> Okay. >> And it was nice to meet you, too.
>> Nice to meet you, Colleen. >> Um walking away from this meeting with Colleen, what are you thinking?
there was a uh an opportunity for her here to either confirm my suspicions uh or really, you know, turn everything
on its head. But her demonstration on how those first shots took place makes sense,
at least at this time. you know, after meeting Colleen today and, you know, getting her side of the
story, you know, I really felt the fear that she was going through. Um, you know, a lot of what she told me,
almost everything she told me, you know, seems [music] to just match up. You know, we'll see how it plays out with
the physical evidence. Like I said, it's early. Um, you know, we're just collecting data at this point. You know,
we'll just have to take it step by step. >> But before Scott can do that, he'll have
to turn his attention to a new client and a new case. >> In three, two, one. [music]
>> [music] [music] >> with the evidence room team beginning its work on the mccern. case in Ohio.
Scott Rotor heads back home to California. Not for a break, but to take on a new
challenge. Emmanuel Bracie versus the city of Los Angeles. How did you first hear about the Bracie
case? >> I received a phone call from Brian Dunn, who's the managing partner of the
Cochran Law Firm in Los Angeles, California. >> As in Johnny Cochran. >> That's right. was one of my very first
clients. >> Founder of the Cochran firm, Johnny Cochran, who died in 2005, is probably
best remembered for his defense of OJ Simpson. >> Remember these words, "If it doesn't
fit, you must have quit." is an incredibly talented lawyer, incredibly passionate lawyer when it
comes to uh prosecuting on a civil arena, police involved shooting cases, and other cases regarding civil rights
uh here in the Los Angeles community. And this case is just that, a civil suit against the city of Los Angeles brought
by 22-year-old Emanuel Bracie, who was left partially incapacitated after being shot by four LA Police Department
detectives. So Bracie suing LAPD. >> That's correct. >> It's a miracle that we're sitting here
today fighting a case for Emanuel Bracie and not his uh family members. You don't
get shot like this and survive. miracle maybe, but Emanuel Bracy is anything but
a saint. He's a suspect in a string of armed robberies. >> So, not exactly a good guy, not exactly
somebody you invite over for Thanksgiving dinner, but he still has rights. And that's what this case is
about. >> If you talk to someone on the street about it, they're going to say, "Why
would you possibly take the case for this guy? He is a criminal. uh he is a minister to society but he has a right
to be free from excessive force from police officers. >> On the morning of June 24th, 2010, Bracy
was under surveillance by an LAPD special robbery investigations unit when he was seen leaving a checkandgo
location which had just been robbed at gunpoint. And then after he gets the money and he leaves getting a nominal
amount, 800 bucks or something like that, and he drives away and they wait until he gets into an area that they
consider safe enough to pull a VCT maneuver. >> VCT, >> correct? Vehicle containment technique.
And what happens is Emanuel Bracy is uh pulls right he's right here on the side of the road and one of the officers
pulls in front stops one of the officer pulls behind stops bumpers touching and then the third officer comes in at an
angle. This is where both parties disagree what happened next. Three of the four detectives say they
saw Bracie with a gun and they opened fire. >> He is injured very severely, but he
survives and he was able to kind of fall out of the car under his own power with his
hands up where they arrested him. Uh, and then that's when they started searching the vehicle.
Bracie was taken to a nearby hospital with a shattered shoulder and left arm, broken rib, collapsed lung, broken jaw,
and multiple fractured vertebrae. >> One of the detectives said there were there's something like 23 holes [snorts]
uh in his shirt in the back of his shirt. >> Bracie, confined to a wheelchair from
his injuries, plead guilty to two counts of armed robbery and was given a sentence of 25 years to life in prison.
But that hasn't stopped him from seeking what he sees as justice. >> Why is he in a wheelchair for the rest
of his life? >> The attorney for the city is going to say no. This is because of the decisions
that Bracie made. >> This is because of the things that he did. It was his decision uh to rob that
store. And if he had not robbed that store, he would not be there. We're going to basically say no.
Yes, he would have been in jail. Yes, he would have spent several decades in prison. Uh but why is it that he has the
injuries that he has? It's not because of that. It's because of the actions of these detectives.
>> But the detectives were responding to a dangerous situation, attempting to apprehend a suspect in an armed robbery.
They say they gave the command to show his hands, but he did not comply. It was at this point, according to the
detective statements, three of the four detectives saw Bracie with a gun. And all of them opened fire, leaving both
Bracie and the car heavily damaged. But when they searched the car, there was no
gun in plain sight. Instead, they found a gun wrapped in cloth hidden inside an air conditioning vent in the dashboard.
And though the inside of the car was covered in glass and blood, the gun was in remarkable condition.
>> Right here is the air conditioning vent. Inside this air conditioning vent is
Bracy's gun. Bracie was sitting right here. Uh we can see all the glass and debris all over the place. What can you
see about this gun? I mean, >> looks clean. >> In fact, it is clean. It was taken to
the police forensics laboratory and it was negative for blood, negative for dust, negative for glass, for anything.
There's not a drop of blood on this weapon. There's not a speck of glass on this weapon. And you know, for him to
have had a gun in his hand, used the gun in a threatening position, pointed it over his shoulder the way
that they're saying that he pointed it over his shoulder, >> right? >> I mean, you would expect to at least see
some blood, >> you know, on the cloth, on the gun, around the cloth, around the gun. We got
nothing. >> And this is the foundation of the lawsuit. If Bracy wasn't holding a gun,
then according to his lawyer, Brian Dunn, the detectives had no cause to shoot. And that's what Scott in the evidence
room has been hired by the Cochran firm to prove. >> We're out to prove that the gun was not
in Emanuel Bracy's hand, but it was in fact in that air conditioning vent all along.
>> The whole time. >> The whole time. >> So, you're going to recreate this entire
scene? >> That's correct. with real cars and real bullets. >> Yes, we have the ability to conduct this
experiment uh in real time to scale under a controlled environment and I think that
would be a tremendously compelling demonstration for the benefit of the court members.
need a shot of the side of the car. We should mark out the cars though. Yeah, right here. This is where the
>> Yep. >> This driver is the one that puts four through his windshield through that
windshield. >> To prove a theory, you have to test that theory. and the evidence room team has
set up shop here at this junkyard in the high desert just outside of Los Angeles
to do just that. >> So, what are you trying to prove with this test? >> So, we are simply going to find out was
the gun in his hand or was the gun in the air conditioning vent? >> They chose this remote location with
good reason. Scott will be working with loaded weapons and live ammunition. We're going
to shoot this car [music] in the same type of way with the same guns and the same ammunition. We're going to
pulverize that glass. >> What we've done here is uh tried to set up the scene as close as possible. Uh
we've brought in an exemplar vehicle of the Lexus that Mr. Bracy was driving. >> So, [music] here's the key point of this
case. When a windshield breaks, it basically turns to dust. when it's hit so many times by powerful rounds.
Absolutely. >> And you can see it here. Absolutely. >> On the on the middle console here, all
over the seats, all of the dust. >> Yes. Let's go straight to X marks the spot where they discharge their weapons.
That's what we need right here. >> All right. We've mapped out the positions of the three vehicles that
were positioned um along the side of the road. And most important, they map out the position of each of the four LAPD
officers who opened fire on Bracy. >> Guzman's the shooter behind the window. So, we've got Guzman from here.
>> 16 ft. >> Perfect. Yeah. So, this would be a door. He's hitting somewhere. >> He's probably
>> right right around here. I think yellow would be good to mark out just the shape
outline of the car. We've also plotted out areas of the car where the the gunshots uh penetrated the vehicle. And
tomorrow we plan to uh conduct an experiment. And you know, if the experiment is favorable to Mr. Bracie,
well, that's great. If it's not favorable to Mr. Bracie, well, there's nothing I can do about that. All we can
do is our job. >> Dawn in the desert. >> All right, guys. Today's the day >> and days of research and preparation
will end in a barrage of bullets. >> So, the first thing that we're going to do is we're going to be placing this
replica handgun in the air conditioning vent, which is similar to uh the uh placement of the bracy gun.
And we're going to be closing this up. So, we'll place this gun right here. Now we've got a third replica gun. We'll
place this here on the uh uh center console. >> Scott wants to test Bracy's story that
the gun was in the air conditioning vent when police opened fire. >> We're going to do the four shots with
Detective Guzman. Uh the first uh part of the shooting experimentation today is going to be uh replicating the four
shots discharged by uh Detective Guzman while sitting behind the wheel of his car through his windshield.
>> All right, we're loaded in three, two, one. Over the next several hours, Scott and his team fired round after
round. This next shot is uh Detective Walters, >> attempting to recreate every shot fired
at Gracie by the police. >> This is Detective Warell. One shot. Our distance here is about 24 ft.
With the last shot fired, it's time to check the results. >> Yeah, right there. Some buck shot right
there. But I think this is the shot right here. Came right through his head. That is exactly the shot. Look at all
the glass debris that's coming out this way. All right, let's see what we got on
the inside. >> These are the guns that were out in the car that were not in the AC vent.
>> That's correct. You can still see quite clearly this gun is covered in debris.
This gun we placed in the hand of our mannequin. I mean, it's covered in dust and pulverized glass.
>> And the gun hidden in the same location that Bracy's gun was found. >> Does the gun have any dust on it?
>> No, it doesn't have any dust on it at all. No dust, no blood, no debris of any
kind. >> So, that says to you, >> Emanuel Bracie was in fact not holding that gun when the officers discharged
their weapons. >> There's just no way he had a gun in his hand. >> It's impossible. Based on that
conclusion, Scott and his team prepared this presentation with their results. At
trial, a lawyer for the city of Los Angeles insisted the three officers did see Bracie with a gun in his hand, and
whether he was pointing it at the police or attempting to hide it in the vent, his hand came up with a gun in it, and
the detectives had a reasonable perception of imminent threat. The lawyers argued that this was the
critical point in the case. The detectives believed their lives were in danger and responded to that threat.
>> Bracie didn't necessarily have to be found to be holding a gun. It's just that the police officers have to think
that he's holding a gun. Isn't that right? They just have to have a reasonable fear.
>> That's true. The officers need to establish that they reasonably felt in fear for their life.
In the end, after all that time and all that work, the jury never saw Scott's presentation. The reason, the state's
forensic expert just happened to be on vacation in China and was not able to testify. And after some legal wrangling,
neither was Scott. >> Explain that. >> Well, I was a rebuttal expert on this case. So that means I was meant to rebut
the testimony of one of their experts. So they they decided not to call their expert witness to testify,
>> which means this evidence doesn't get introduced. >> That's correct. >> After nine days of court testimony, the
jury took just 4 hours to return a judgment in favor of the LAPD. >> According to the law, if an officer has
a reasonable expectation of serious bodily injury or potential imminent death, they are justified in using
deadly force. The perception of threat [music] is also at the center of Colleen Mccernin's defense, and Scott and his
team will tackle that next. With the Bracy case behind them, the evidence room team gets down to work on
the upcoming Mccernan murder trial. Their mission to see if the evidence matches Colleen's story. First, a simple
test to answer a simple question. >> How could she have fired all of those 10 rounds so quickly?
>> Well, that's what we endeavored to find out. >> So, as soon as you fire, I hit stop.
>> As soon as I start firing, and then as soon as you hear it stop, hit stop. >> Got it. And we'll get it as close as we
can get it. >> All right. Loading. 2.61 seconds. >> That's under three. >> That's under three.
>> Should we try it again? >> Let's try it again. Let's This time I think we should have uh Patrick try it.
Pat, you want to come over here? Back when we were having our uh round table, Patrick and I kind of disagreed pretty
uh uh pretty much about how fast you could shoot those shots. He doesn't believe that we could fire 10 shots in
under three seconds. So, let's not share him our results just yet. Pat, I just did my test.
>> So, why don't you go ahead and uh and load up >> 2.2. >> So, yeah, two seconds.
>> Yeah. So, yeah, I think that right there proves, >> you know, and I'm not a professional
firearms handler. Um, >> and she is. So, that told you she could have fired it that quickly.
>> Absolutely. >> Next up. >> All right. So, now four feet. Four feet. >> A test to try to determine just how
close Colleen was to Rob when she shot him. She says he was close and coming at her.
>> Jeez. >> How close were they? That was a very important question to answer. So Scott
conducts a stippling test. >> It's getting pretty close. I mean, it's between two and three feet so far right
now. We needed to get the uh exact same ammunition. Um and then we set up these individual targets that are made covered
with white cotton and we shoot that target and we see what kind of a pattern it leaves with regard to the gunshot
residue. Oh, there we go. See, you can see that pretty well even without the black light.
See, now we're we're getting pretty close. I still don't think we're there, but we're pretty close. Let's look at that
picture. See how tight it is right here? Right. >> Their goal match the pattern left from
powder burns found on Rob McCernon's face, giving them an estimation of Colleen's distance from Rob at the time
of the shot. That's the best one yet. >> Yeah, pattern wise, it has the most similarities.
>> And I've got a pretty good spread here. >> This is pretty This is pretty good. I
like this one. >> So, once you found the pattern that matched the pattern on Rob's face, how
far away were you? >> Give or take a few inches. Two feet. >> And Colleen had said she was
>> about two feet away when she discharged her gun. >> So, >> it matches. I mean I think the stippling
test is done. I think we have an answer on that. >> And finally >> penetrating into the temporal and
occipital loes of the brain penetrates into the right occupit. Um all right. So we've got the
>> using data from the coroner's report along with the crime scene photos. The team attempts to make a visual model of
the 10 shots Colleen McCernan fired at her husband. >> You actually poke holes in the
mannequin. Yeah, we probe the mannequin with trajectory rods. The autopsy report
might read two inches to the left of the center line of the head. 6 in down, we have a gunshot wound. Downward
trajectory, slightly left to right. And that'll give us a good indication of where the bullet entered, where the what
anatomy the bullet traversed, and where ultimately the bullet landed. >> So, should we just penetrate right
through here? >> Okay. So, if this is 90°, right? >> So, we slightly upward. slightly upward.
>> It's slow and tedious work. >> All right, so let's take a picture of this cuz I think this is a good one.
>> One of the most difficult parts of Colleen's story to confirm is the order of the shots. Remember, she says her
first shots were to Robert's face as he was upright and moving toward her. >> So, we've got four shots on the
posterior side, one to the right buttock, one, two, three to the left lateral flank.
The prosecution maintains she shot him in the back first as he was trying to leave and that she shot him in the face
last when he was already down on the ground. And so they continue to work. >> Um, actually bring your hand to your
left. Let's let's take it to his right anterior midline. >> Hour after hour. >> One, two, three, four, five.
>> Shot. Seven, eight, nine, 10. >> After shot. >> Shot five. Mid right chest. 50 and 12 in
above the sole of the right foot. Shots six through nine are unaccounted for. >> What's shot eight? Another entrance to
the left back. >> Eventually for Scott, the pieces of this jigsaw puzzle begin to come together.
>> After we placed all of the trajectory rods on the mannequin, it became very clear that a lot of what uh is happening
here is starting to make sense. >> But because Scott is not an expert in bullet wound analysis, he turns to
someone who is. >> Uh good morning, Dr. Spitz. How are you today? >> Good morning. I'm well, thank you. Good.
>> Dr. Daniel Spitz, a boardcertified forensic pathologist and chief medical examiner for Mcome County, Michigan. Dr.
Spitz was hired by Colleen's lawyer to testify on the medical examiner's report regarding Rob Mccernin. And he's been
talking with Scott. >> Obviously, you know, we're dealing with 10 gunshot wounds. And certainly,
there's a sequence to those wounds. Determining a sequence is very very difficult when you're [clears throat]
simply looking at a deedant's body. Your overall description uh is is very accurate. I think what's important is
that we don't know exactly which is the first and the second because we have two
wounds involving the face. Could we be uh could it be two is the first wound and number one is the second? Sure.
you know, from all indications now with your research and your expert opinions and and the work that we've done up
until this point, um I I think it's I think it's starting to fit together. >> Um
Colleen has given an account of what has of what occurred. Um then really we need to look at the at
the evidence to see if the account that she gives makes forensic sense or not. And at this point, um, the time frame,
the movement of the body, the shots, the number of shots, his final position, and
really the the forensic evidence that's available, uh, really does fit with the scenario that she has given.
>> For Scott, it seems he has the answers he's been looking for. Now, all that's
left for the evidence room is to prepare their presentations for court. So I think this is his body position as shot
number one. Maybe not so stiff and ragged, but can you take him from this position and move him into this position
>> or like this a little bit? >> Yeah, that's that I think that's probably the position he was in
>> when she Yeah, when she shot when she made that first shot. >> But one question still remains. Will
their work be enough to convince a jury that Colleen Mccernan shot her husband in self-defense? The prosecution doesn't
think so. When the defense started uh talking about how the first two shots were in the mouth, that was unbelievable
to me. We added in um the evidence markers. So we have everything from where the gun
was at in its resting location shell. >> After months of research and testing >> and then also so I have in resting
location of of >> the evidence room team puts the final touches on their presentation for
Colleen Mccernan's upcoming trial. >> So can we bring Colleen into the scene [music] now? Okay. So now this position
ultimately is our final moment in time. >> Correct. >> I [music] think this is perfect. We get
together and then start playing out these theories inside [music] of that controlled environment to see if what
we've tested does all make sense. >> Let's see shot number two. Okay. And that that's also perfect. Great work,
[music] Phil, cuz now he's starting to cascade down. Now, here is ultimately the final conclusion that we came to uh
with regard to this investigation. So, here is where she holds out the gun, then he reaches in and then at the
moment of the first discharge, the second one, then we've got our third shot. Now, you can see when we get to
the fourth shot, he starts blading to his left on the fifth shot. Then, we have the shot that goes through his arm
into his armpit into [music] his chest. and now he's turning. He falls down. >> So, I think that that's all extremely
consistent with Colleen's statement. >> But when the prosecution sees the animation pre-trial, they quickly moved
to try to keep it from being shown in court. >> When we first received it, uh we looked
at a lot of different things, compared them to the coroner's report. They were not consistent.
Um, so we our concerns, we filed motions ahead of time to keep it out because it
was inaccurate. Jurors these days like to see that kind of stuff. If they have a video that they can see, they'll like,
"Okay, maybe that is how it happened." But it was inaccurate. >> So, will the jury ever see the
animation? >> How [music] important do you think your work is to this case? >> I think it could be critical.
Opening statements will begin today in the trial that will answer the question, self-defense or coldblooded murder.
Colleen McCernan [music] is accused of killing her husband, Rob McCernan. >> On April 19th, 2016, almost 16 months
after the New Year's Eve shooting of Rob McCernan, Colleen Mccernan's trial for murder begins.
Colleen pulled the trigger 10 [music] times and she hit him 10 times. The evidence will show you
that this defendant, Colleen Mccernan, committed murder. >> I think what this evidence is really
going to show at its end is the old saying that some of you may have heard that you never know what someone's
dealing with behind closed doors. And that's what this case is all about. >> So trial begins. Are you prepared to
testify? >> Absolutely. I am prepared to testify and I'm looking very [music] much uh to
getting on the stand. >> The state begins its case with testimony about the New Year's Eve party.
>> I could see her out the back door and she was pointing at Rob and she was yelling. I said she has to either stop
screaming or they had to go. One or the other had to happen. but they couldn't continue this way in the backyard.
>> I got on Facebook not long after they left and saw that a wife had shot and killed her husband and
I just >> and testimony from responding personnel. >> I went upstairs. I immediately saw the
the victim on the floor. >> I noticed the uh a hole to his lower uh left side. I noticed a hole in the
center of his chest and also what was what looked to be a half moon shaped cut out of his lip um from I'm assuming a
bullet in his mouth. >> I noticed that there were numerous teeth that were shattered and there was some
there was severe damage to the maxul area the upper jaw >> and then prosecutors turned to their
forensic experts. This particular item is a Glock model 26 9mm Luger semi-automatic pistol. All 10 fired 9mm
Luger cartridge cases were fired in the submitted Glock pistol. >> His cause of death is classified as a
homicide. >> On the stand, forensic pathologist Dr. Frank Miller is very clear about the
number of shots and the damage they did, >> which is broken down eight gunshot wounds of trunk, two gunshot wounds of
head. Um, and then I note that there's bleeding in the right chest, the left chest, the abdomen, and around the
heart, and perforations of brain, heart, lungs, liver, pancreas, aorta, spleen, left kidney.
But as to the sequence of shots, he says it's unlikely that determination could be made from the evidence available in
this case. >> It's extremely difficult. That's why my reports always say they're numbered 1 to
10, but there's no regard to how severe they are or what the order or chronological sequence is.
Ladies and gentlemen, uh the state has rested and uh we are at the stage of the proceedings at which time uh the defense
is choosing to present uh evidence at this time. >> The defense team presents its case with
testimony from experts in psychology. She knew what he was capable of when he was drunk, when he was mean. And her
perception at that time of the risk to her life uh was different in my opinion than a person who had not had a battered
woman's syndrome >> and testimony from forensic expert Dr. Daniel Spitz. What to a reasonable
degree of medical and scientific certainty uh in the realm of forensic pathology were you able to opine in this
case? >> Well, I was able to opine that um the the injuries occurred over a brief
period of time. I was able to indicate that Mr. Mr. Mccernan was shot while in an upright position and that uh the
sequence that I indicated was certainly a very plausible sequence based on the evidence and that they were in very
close proximity within a couple of feet at the time that he sustained the wounds.
>> Scott Rotor is standing by waiting to testify. >> I've got my ticket bought, my bags are
packed, and I am being left in the dark. Nobody's telling me anything. >> So, do you finally get that call?
Actually, I don't think it was a call. I think it was a text message from Ian and
he said, "Scott, we're not going to use you." >> Ian Freriedman, Colleen's attorney, said
the judge so limited the scope of Scott's presentation that Ian decided not to use it. So, the jury never sees
the animation and never hears from Scott. And so, Colleen is called as the final defense witness.
Did you shoot Robert Mccernan on December 31st, 2014? >> Yes, I did shoot. >> Did you pull that first trigger on the
evening of December 31st, 2014? >> I was defending myself. Without the animation to show the jury,
the defense chooses another method of demonstrating what Colleen says happened that night.
>> And he grabs me, pulls me out of the car, and he was hoisted me up and covered my mouth in dirt, took me
back to the took me back to the the front of the house. >> Defense attorney Eric Long and Kylie
Mccernan demonstrate for the jury how her husband restrained her >> and He said, "You're not going
anywhere." And he's moving towards me and we're both moving and I'm coming here and I'm like, "Back up, back up,
back up." And he [ __ ] me and that's when I fired the gun. >> But prosecutor Dave has a few questions
of her own. >> Isn't it fair to say actually that Rob was getting ready to leave?
>> No, he was not leaving. >> You were angry. You grabbed the gun and went after him. Isn't that true?
>> No, I was trying to leave the house. I was trying to leave. >> You shot Rob in his buttock area first. Isn't that
true? >> No, he was facing me at the top of the stairs when he was coming towards me and
I was screaming, "Back up, back up, back up." And he didn't. >> And as he's turning, realizing what you
were doing, you shot him three more times in the back. Isn't that true? >> No, he was facing me.
>> Then you continue to shoot him as he's turning towards you. Correct. >> No, that's incorrect.
>> And then as he's going down, you shoot him two more times in the chest. Isn't
that true? >> No. No. He was facing me. >> And then as you walked up to him and saw
him laying down on that ground or on that floor, you put two more shots in his mouth. Isn't that true? Oh, this is
not true at all. >> Okay, >> nothing further, your honor. [clears throat] >> The jury has seen seven days of
testimony as well as clear evidence of the damage left behind on the faces of Rob's parents, Kathy and Dennis
Mccernan. >> I'm never ever going to be the same. I'm going to miss my son forever.
>> What has Colleen done to my family is destroyed our family. completely. >> This horrific crime has just ripped my
soul out. >> And the faces of Colleen's parents, Gary and Jan Owen. >> Never thought 28 years ago when Colleen
was basically an infant that uh I'd ever be standing here and talking about a situation like this. It's been awful
>> from the start. It's it's a tragic situation no matter how it turns out. Now, both families can only wait for the
jury's decision. >> Deliberations are now underway in the Colleen McCernan murder trial. 10 men
and [music] two women now responsible for deciding the fate of the 28-year-old. >> I I don't know what to expect. I'm
anxious for some closure, especially today. But on the other hand, I'm afraid of today. you're just waiting
for the phone to ring. The jury's in or the jury, you know, what is going on? We
don't know, but we're prepared for whatever decision the jury makes. >> But no one was prepared to hear that
after 2 days of deliberations. >> Ladies and gentlemen, uh you have considered the case for a considerable
period of time and uh I have now uh received your note um indicating that you are unable to reach a verdict. The
jury's decision was no decision at all. >> Based upon the jury's inability to reach
a decision in this case, uh I uh will declare a mistrial >> deadlocked. What you think?
>> Well, uh I think it demonstrated that the prosecutor didn't have a good enough
uh evidence >> when the verdict came out. I mean, I just cried. I didn't know what was going
to happen. It just left me in limbo. >> It's disappointing, but glass half full.
She's not in jail today. >> But the state intends to [music] try Colleen again. Since the end of her first trial,
Colleen Mccernin has been home under house arrest, anxiously awaiting the start of her second trial for the murder
of her husband, Robert Mccernan. >> So, you're saying that if it was this and then he turned and and this happened
here? >> Now, the night before her trial begins, Colleen is doing what she can to help
her new defense team, lawyers Laura Mills and Max Hilner. So, these ones here are moving that way.
>> Yeah, the bullets. >> With just 10 weeks to prepare their case, Colleen's new legal team has faced
many challenges. Not the least of which is that neither lawyer has ever tried a murder case before.
>> We have really, really worked hard. We've worked weekends. We've worked nights. We have um just helped each
other as much as we can get ready. So, if he's leaning forward like that though, then the shot sequence is fine.
>> Also here to help is Scott Rotor. It was difficult for me to tell visually the stippling pattern related to number
first shot and the second shot. That first meeting was incredibly productive and it was truly a
meeting of the minds. Our theory is the left lip shot is second. Its stippling patterns is contained within the pattern
of gunshot room one. >> This time around the team is determined to use what they can of Scott's
presentation. We have every intention of utilizing the animation this time. When
talking to the jurors from the first trial, they indicated that would have been helpful.
>> Visual evidence is the most powerful thing. You have to remember the juryy's going to forget about 75% of everything
everybody says. >> Colleen is the most important part of the trial without question. Then what we
build around her is the science. It's very important that shot sequence. very important to see that animation and so
they can visualize what went on. >> On the morning of August 23rd, 2016, Colleen Mccernin finds herself once
again in front of a judge and jury and facing a new team of prosecutors, Dennis Bar and Melissa Day.
>> So, state of Ohio, you may present your opening statement at this time. The state is confident, ladies and
gentlemen, that after you have heard all of the evidence that you will be convinced that this defendant did not
act in self-defense but committed a coldblooded act of murder. >> On New Year's Eve 2014, Colleen Mccernin
was faced with a choice. To defend her life or to have her life taken. >> Once again, the jury hears from a parade
of witnesses. And I looked at him, I said, "Listen, she's either got to shut the f up or she's got to get the f out."
>> There was something posted that a wife had shot and killed her husband. >> This particular item I can recognize as
a Glock, Model 26 pistol. >> There were two gunshot wounds to the mouth. >> The cause of death is multiple 10
gunshot wounds of head and trunk. The manner of homicide was recommended to the coroner,
>> but this time, >> please state your full name for the record. Scott George Rotor.
>> Do you own your own company? >> Yes, I do. >> What's the name of that company?
>> Uh, Evidence Room. >> Scott gets a chance to present some of his work to the jury.
>> Video number one essentially is a combination of transitions uh between the case file materials that I was given
uh and my CGI model, which is a computer graphic image. Video number three essentially is um my review of Dr.
Miller's autopsy report. He describes uh the you know the positioning of each of the 10 gunshot wounds. I was scanning
the jury as I was talking and I saw a lot of people you know okay they understand they got it. So we use those
measurements to plot out the uh gunshot wounds on the victim. And then there was
cross. >> Yes. >> First of all, you were not present on December 31st, 2014. Correct.
>> No, I was not there. >> Okay. >> Prosecutor Day uses her cross-examination to challenge Scott and
his work. >> Now, you had indicated that one of the things that you had reviewed with
regards to video three was the autopsy report of Dr. Miller. >> Yes. Let me ask you this. Are you a forensic
pathologist? >> No. >> Are you aware that Dr. Miller also testified that he could not provide a
specific sequence of shots based on the wound patterns that he found in the medical evidence?
>> Yeah, I'm aware. How sure are you that this is how it happened? >> Well, I would call this the most
probable version of the events based on the evidence. >> So, it's still a version. It's still a
theory. >> Correct. But a probable version, a probable theory. >> So you are telling me you are doing
additional medical determinations beyond what the coroner themselves. >> It's not medical.
>> It's not medical. >> No. >> All right. Thank you. I have no further questions. You're on.
>> And once again, Colleen takes the stand to tell her story. >> And I'm like, I'm leaving, you know, I'm
leaving. And I'm trying to walk towards the stairs and and he's like, you're not going
anywhere. And I ended up raising the gun and he saw and I started screaming back
up, back up, back up. And he did it and he didn't. So I pulled the trigger. >> And again, Colleen is crossed by the
prosecution. >> Stand up, please. [snorts] >> Objection. >> Okay. Sustained. Mr. Bar, if you are
going to ask the witness to do something, then ask her to >> put your arms on like you're shooting a
gun. Please. >> Did you get this close? >> Overruled. >> He was very close. You're pointing at my chest,
right? >> I don't know. [laughter] I just pulled the trigger >> and he could have went like this,
couldn't he? He could have grabbed that gun if he was that close. >> He was close enough. Yes.
>> After 6 days of testimony, >> she is not a battered woman. Ladies and gentlemen,
she is a [clears throat] murderer. The evidence proves it. And I ask you to return that verdict.
Thank you. We ask that you return a not guilty verdict to the charge of murder against Colleen McCernan.
>> Both sides rest and for a second time the case goes to the jury. >> So going into deliberations, what are
you thinking? >> I'm thinking we had an acquitt. I felt very good uh that we had an
acquitt. Uh but things don't always go as you think. Ladies and gentlemen of the jury, with
additional time, do you believe that it would be possible for you to reach a unanimous verdict?
>> Deja vu all over again. The same identical deliberation. Um, they deliberate for two days,
they come back, they're deadlocked again. >> Again, >> again. Because you are unable to reach a
verdict, I will declare this case a mistrial. >> All that work, >> we're right back where we started.
>> How frustrating is that? >> It's very frustrating, but you know, that's the jury system that we have. Um,
uh, you know, I guess at this point maybe we get ready for round three. >> But as it turned out, there would be no
round three. 6 months after the second mistrial, the state of Ohio had had enough. On March 17th, 2017,
>> it has been brought to the court's attention that a resolution uh of this matter has been reached.
>> Colleen and her family and the Mccernin family find themselves back in court one
last time. Miss McCernon, then as to one count of voluntary manslaughter, a felony of the first degree,
>> how do you plead? >> Guilty. >> As to the firearms. >> And with that one word, more than two
years of waiting for justice are over. >> The prosecutor called my lawyers and presented a plea offer. I decided that
what was best for me, my family, um was to take the plea offer. I I I can't look
at I can't go up against life and jail one more time and [music] sit through it all over again.
>> I could see there was, how do I put this? Justice served to a certain point. All right. It's not the
type of justice I wanted to see. We lost our son Okay. Over a vicious act from a lunatic
woman. >> We know that they lost a son, a brother, a dad. Um, we know, we understand that.
And I can tell you I can tell the mccernan family and and uh and everyone that Colleen is sorry that Rob is dead,
but she's not sorry for defending herself. [snorts] It will be the further sentence of the court that you serve a
total prison term of seven years. >> I thought she'd turn around and say how sorry she was for her actions on that
night on December 31st, 2014. She did not. >> In this situation, there's no winner and
nobody nobody's coming out on top. And it's not lost on me. the pain um that Rob's family's feeling. And
I hope that they're able to find peace and healing um and move forward and are able [music] to let it all go.
>> [music] [music]

Accused of murder, a young woman’s life hangs in the balance. "48 Hours" goes behind the scenes with her lawyer and a forensic animator -- can they save her? CBS News correspondent Tracy Smith reports in this two-part episode from August 2018.. Watch more full episodes of "48 Hours" on Pluto TV.

True crime. Real justice. "48 Hours" investigates the most intriguing crime and justice cases that touch on all areas of the human experience including greed and passion. "48 Hours," which premiered in 1988, has developed a rich history of original reporting and impact journalism that has helped exonerate wrongly convicted people, caused cold cases to be reopened and solved, and along the way changed lives.

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Brief Summary

Colleen McCernan's trial for murdering her husband ends in a mistrial, leading to a plea deal for voluntary manslaughter.

Key points

A Battered Woman's Defense. Colleen claims she acted in self-defense against her abusive husband.
The History of Abuse. Evidence reveals Rob's past of domestic violence against other women.
Colleen's Emotional State. Witnesses describe Colleen's demeanor after the shooting as shocked and devastated.
The Critical Question of Sequence. Determining the order of shots fired could change everything in Colleen's case.
Colleen's Defense Strategy. Colleen claims she shot in self-defense, but the evidence may tell a different story.
Emanuel Bracie's Case. Emanuel Bracie, shot by LAPD, sues for justice despite his criminal past.

Episode highlights

Episode quotes

I was just trying to stop him. I was defending myself.

Colleen's defense during the trial.

2:35WatchJun 11, 2026

Tension

75/ 100High tension

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