Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated:
1
00:00:09,070 --> 00:00:13,530
to punish the defendant for this
unspeakable murder more than the law
2
00:00:14,430 --> 00:00:20,430
Sentencing a human being to prison comes
with a solemn obligation to craft a
3
00:00:20,430 --> 00:00:24,390
sentence no more or less than justice
requires.
4
00:00:25,190 --> 00:00:31,230
This inexact process is central to the
maintenance of our social compact and
5
00:00:31,230 --> 00:00:34,210
part of the core of the concept of
ordered liberty.
6
00:00:34,570 --> 00:00:39,770
This court will impose the mandatory
life sentence for the murder of Colleen
7
00:00:39,770 --> 00:00:41,710
Ritzer and set a parole...
8
00:00:41,710 --> 00:01:02,710
Danvers,
9
00:01:02,730 --> 00:01:06,110
Massachusetts. Home to around 27 ,000
people.
10
00:01:06,880 --> 00:01:11,960
Originally known as Salem Village,
Danvers has quite a history and is
11
00:01:11,960 --> 00:01:14,100
with various landmarks and tourist
hotspots.
12
00:01:16,280 --> 00:01:20,740
It's probably most well known for its
association with the 1692 Salem Witch
13
00:01:20,740 --> 00:01:23,720
Trials before the town was renamed
Danvers years later.
14
00:01:25,000 --> 00:01:28,780
This particular case begins in Danvers
High School in 2013.
15
00:01:31,270 --> 00:01:35,270
24 -year -old Colleen Elizabeth Ritzer
had been at Danvers High School for
16
00:01:35,270 --> 00:01:37,130
a year and taught 9th grade algebra.
17
00:01:38,250 --> 00:01:41,470
She was born to Tom and Peggy Ritzer and
had two younger siblings.
18
00:01:42,210 --> 00:01:46,450
They all described her as positive and
optimistic, with a big heart and a
19
00:01:46,450 --> 00:01:48,150
genuine passion for helping people.
20
00:01:49,230 --> 00:01:53,230
Family was everything to Colleen and
people said she cherished every moment
21
00:01:53,230 --> 00:01:54,230
spent with them.
22
00:01:54,590 --> 00:01:57,850
Colleen knew from a young age that
teaching was what she had to do.
23
00:01:58,430 --> 00:02:02,250
Her passion for teaching and learning
was infectious, and she often started
24
00:02:02,250 --> 00:02:04,470
classes with inspirational quotes or
pictures.
25
00:02:05,290 --> 00:02:09,470
She was very active on social media,
posting puzzles and games to help her
26
00:02:09,470 --> 00:02:13,270
students learn, and people said she
would always find time to help anyone
27
00:02:13,270 --> 00:02:14,350
struggling with their studies.
28
00:02:15,030 --> 00:02:18,810
Many of her students said they didn't
even like mathematics until they had
29
00:02:18,810 --> 00:02:22,890
Colleen as a teacher, but her unique
style, positive outlook and willingness
30
00:02:22,890 --> 00:02:26,690
help anyone finding things tough meant
she quickly proved very popular with
31
00:02:26,690 --> 00:02:27,690
students.
32
00:02:39,989 --> 00:02:43,070
Tuesday, October 22nd, 2013.
33
00:02:43,710 --> 00:02:47,830
As the school day drew to a close and
the building started to empty, Colleen
34
00:02:47,830 --> 00:02:49,290
finishing up some bits in her room.
35
00:02:49,630 --> 00:02:54,590
She left her classroom, A209, and
briefly spoke to another teacher in the
36
00:02:54,590 --> 00:02:58,210
hallway before heading to the second
floor bathroom just before 3pm.
37
00:02:59,250 --> 00:03:03,450
At 6 .30pm that day, a frantic parent
filed a missing persons report.
38
00:03:04,730 --> 00:03:08,990
Diana Chisholm's 14 -year -old son was
missing and he attended Danvers High
39
00:03:08,990 --> 00:03:09,990
School.
40
00:03:10,790 --> 00:03:14,250
Philip Chisholm was a quiet and reserved
teen who had recently moved from
41
00:03:14,250 --> 00:03:16,430
Tennessee with his mother after his
parents' divorce.
42
00:03:17,270 --> 00:03:21,070
He excelled in sports but kept to
himself where everything else was
43
00:03:21,070 --> 00:03:24,470
and he socialised with few of the other
children at his new school.
44
00:03:25,690 --> 00:03:29,710
Mike Chase, the coach from Danvers High
School, had also received word that
45
00:03:29,710 --> 00:03:33,210
Philip hadn't turned up to practice and
had missed the team meal too.
46
00:03:34,380 --> 00:03:39,220
Three hours later at 9pm, Danvers High
School Principal Sue sent a mass email
47
00:03:39,220 --> 00:03:43,080
all school faculty and staff, informing
them that their 14 -year -old student
48
00:03:43,080 --> 00:03:44,080
was missing.
49
00:03:45,140 --> 00:03:49,720
Shortly after this email was sent,
another math teacher called Sarah phoned
50
00:03:50,460 --> 00:03:54,240
Colleen Ritzer's parents had just
contacted her to ask if she had seen
51
00:03:54,240 --> 00:03:56,920
daughter, as Colleen appeared to be
missing too.
52
00:03:57,260 --> 00:04:00,940
Colleen lived with her parents and they
were expecting her home hours ago.
53
00:04:01,950 --> 00:04:05,070
Colleen's father Tom had already gone
looking for his daughter at the school,
54
00:04:05,250 --> 00:04:07,370
but ended up driving home without seeing
her.
55
00:04:07,970 --> 00:04:12,630
He noted her car was still in its
parking spot, but couldn't find her
56
00:04:12,630 --> 00:04:13,630
school.
57
00:04:13,650 --> 00:04:17,470
Tom said he was so proud of her, and all
he wanted to do was tell her how
58
00:04:17,470 --> 00:04:19,350
exciting it was to see her new
classroom.
59
00:04:21,269 --> 00:04:24,950
The more time ticked by, the more
everyone was starting to worry for both
60
00:04:24,950 --> 00:04:26,110
missing teacher and students.
61
00:04:26,690 --> 00:04:28,690
Danvers High School had been shut for
ages.
62
00:04:29,160 --> 00:04:31,760
and there would be no reason for either
of them to still be there.
63
00:04:34,060 --> 00:04:38,420
The teacher Sarah also informed Sue that
Philip had actually been in Colleen's
64
00:04:38,420 --> 00:04:42,560
last class that day, and it seemed too
coincidental that they were now both
65
00:04:42,560 --> 00:04:43,920
missing at the same time.
66
00:04:45,020 --> 00:04:48,880
Sue and a few other teachers went to the
school to look for the pair, but they
67
00:04:48,880 --> 00:04:49,880
couldn't see them anywhere.
68
00:04:50,860 --> 00:04:55,020
Colleen's classroom seemed to be just as
she'd left it, but they noted all her
69
00:04:55,020 --> 00:04:56,140
belongings were missing.
70
00:04:56,730 --> 00:04:58,830
and her car was still in its spot.
71
00:04:59,490 --> 00:05:04,070
At 11 .20pm, with still no word from
their daughter, the anxious Ritzers
72
00:05:04,070 --> 00:05:06,930
officially reported Colleen as missing
to the Danvers police.
73
00:05:08,210 --> 00:05:11,850
Detectives quickly had her cell phone
provider ping the location of her phone,
74
00:05:11,990 --> 00:05:17,330
and her phone's last known location was
around 24 minutes away on foot from
75
00:05:17,330 --> 00:05:18,330
Danvers High School.
76
00:05:19,110 --> 00:05:21,030
They also pinged Philip's phone.
77
00:05:21,410 --> 00:05:25,430
His phone, however, was traced to a
nearby cinema, Hollywood Hits Theatre.
78
00:05:26,220 --> 00:05:28,700
But when the police arrived, he was no
longer there.
79
00:05:30,220 --> 00:05:33,980
Searches were now underway in and around
the school and, to everyone's concern,
80
00:05:34,540 --> 00:05:37,080
Colleen's purse was soon found in the
surrounding area.
81
00:05:37,680 --> 00:05:40,700
It was empty and her cards and ID were
gone.
82
00:05:41,300 --> 00:05:45,300
A search of the school found red -brown
stains on the second -floor bathroom.
83
00:05:47,560 --> 00:05:52,380
At 12 .30am on what was now October
23rd, police were notified that a
84
00:05:52,380 --> 00:05:56,740
was walking alone in the southbound lane
on Route 1 North at Salem Lane in
85
00:05:56,740 --> 00:05:57,740
Topsfield.
86
00:05:58,120 --> 00:06:01,680
Topsfield police soon realised it was
the missing Philip Chisholm.
87
00:06:02,540 --> 00:06:06,200
The 14 -year -old was patted down and
police found a knife on him.
88
00:06:06,760 --> 00:06:10,580
Following this, they took him to
Topsfield Police Station where his
89
00:06:10,580 --> 00:06:15,040
searched. It was here that officers
found a bloodied box cutter, Killeen's
90
00:06:15,040 --> 00:06:16,820
credit cards and driver's licence.
91
00:06:17,580 --> 00:06:21,760
They also found underwear, which would
later be confirmed to be Colleen's too.
92
00:06:23,320 --> 00:06:27,920
Philip told officers he innocently found
all the items lying around at a stop
93
00:06:27,920 --> 00:06:30,280
and shop and just decided to pick them
up.
94
00:06:30,920 --> 00:06:33,000
He then said he stole them from a car.
95
00:06:33,700 --> 00:06:36,860
So where did the blood on the box cutter
come from, officers asked.
96
00:06:37,380 --> 00:06:39,320
The girl, he finally said.
97
00:06:41,540 --> 00:06:45,480
He calmly told police that the woman was
in the woods and was beyond help.
98
00:06:46,540 --> 00:06:50,140
Philip was then taken to Danvers Police
Station where he later met with his
99
00:06:50,140 --> 00:06:54,540
mother. It was noted that his demeanour
then quickly changed and he asked to
100
00:06:54,540 --> 00:06:56,500
talk to officers without his mother
present.
101
00:06:57,100 --> 00:06:58,640
He was placed under arrest.
102
00:06:59,300 --> 00:07:03,900
While Philip was being interviewed, at
around 3am a couple of hours later, a
103
00:07:03,900 --> 00:07:05,600
devastating discovery was made.
104
00:07:06,300 --> 00:07:09,060
Kalimritz's body was found near the
school in the wooded area.
105
00:07:09,500 --> 00:07:12,600
She had been stabbed, strangled and
raped.
106
00:07:13,100 --> 00:07:15,020
She was naked from the waist down.
107
00:07:15,400 --> 00:07:18,220
and her top had been pulled up and her
bra pulled down.
108
00:07:18,660 --> 00:07:22,520
Next to her body was a handwritten note
saying, I hate you all.
109
00:07:23,140 --> 00:07:27,100
She was posed in what was referred to by
police as a sexually suggestive
110
00:07:27,100 --> 00:07:31,600
position and had been violated with a
tree branch which was still inside her.
111
00:07:31,860 --> 00:07:38,020
About 20 yards from her body was a large
recycling bin, some bloody gloves and
112
00:07:38,020 --> 00:07:41,340
clothing. But what had happened that led
to this?
113
00:07:44,620 --> 00:07:49,520
The school and surrounding area had over
100 security cameras and police began
114
00:07:49,520 --> 00:07:52,140
the painstaking task of analysing all of
them.
115
00:07:52,740 --> 00:07:57,120
The footage on them would soon reveal a
horrific and disturbing series of
116
00:07:57,120 --> 00:07:58,120
events.
117
00:07:58,760 --> 00:08:02,880
Another student in Colleen's last class
that day recalled that after the lesson
118
00:08:02,880 --> 00:08:05,220
had finished, she saw Philip and Colleen
talking.
119
00:08:05,900 --> 00:08:09,380
Colleen had spotted Philip drawing
during the class and asked him to stay a
120
00:08:09,380 --> 00:08:12,260
little later to help him do some more
prep for an upcoming test.
121
00:08:12,920 --> 00:08:16,120
The student said that while Colleen and
Philip were chatting, she mentioned
122
00:08:16,120 --> 00:08:19,620
Tennessee in a passing comment, the
state that Philip had left a few months
123
00:08:19,620 --> 00:08:20,620
before.
124
00:08:20,780 --> 00:08:24,800
At the mention of this, he became
visibly upset and started muttering to
125
00:08:24,800 --> 00:08:25,799
himself.
126
00:08:25,800 --> 00:08:30,100
As soon as Colleen noticed this, she
quickly changed the subject, but it
127
00:08:30,100 --> 00:08:31,100
seem to make a difference.
128
00:08:33,200 --> 00:08:37,000
Shortly after the pair finished talking,
Colleen left the classroom, heading for
129
00:08:37,000 --> 00:08:38,000
the second floor bathroom.
130
00:08:38,940 --> 00:08:41,919
A minute later, Philip Chisholm started
to follow her.
131
00:08:49,390 --> 00:08:51,690
He put his hood up and put on some
gloves.
132
00:08:57,590 --> 00:08:59,790
He walked behind her into the bathroom.
133
00:09:00,830 --> 00:09:06,190
He then strangled her, stabbed her 16
times with a box cutter and raped her.
134
00:09:08,990 --> 00:09:12,530
At 3 .06pm a female student entered the
same bathroom.
135
00:09:13,670 --> 00:09:17,610
She told investigators she saw the back
of a person who appeared to be changing.
136
00:09:18,240 --> 00:09:21,940
The person's rear was exposed and the
clothes were piled on the floor.
137
00:09:22,460 --> 00:09:26,260
Not wanting to disturb whoever it was
she thought was changing, she quickly
138
00:09:26,260 --> 00:09:27,260
turned and left.
139
00:09:28,080 --> 00:09:29,800
Philip then left the bathroom.
140
00:09:30,740 --> 00:09:33,860
Over the next few minutes he ran in and
out of the school building.
141
00:09:50,760 --> 00:09:54,880
eventually returning to the classroom
and fetching his and some of Colleen's
142
00:09:54,880 --> 00:09:55,880
belongings.
143
00:10:06,800 --> 00:10:11,180
He puts on a black ski mask before
bumping into another student and taking
144
00:10:11,180 --> 00:10:12,180
mask off.
145
00:10:21,580 --> 00:10:28,120
At 3 .14 he pulled a recycling bin into
the bathroom and put Colleen inside it.
146
00:10:41,940 --> 00:10:47,240
He put his black ski mask back on and
pulled the bin into a lift before
147
00:10:47,240 --> 00:10:49,060
it out towards the student parking lot.
148
00:10:54,890 --> 00:10:59,390
When he got Colleen into the woods using
the bin, he sexually assaulted her with
149
00:10:59,390 --> 00:11:03,730
a three -foot -long tree branch before
leaving her body on the ground,
150
00:11:03,730 --> 00:11:06,270
clothed, covered in sticks and leaves.
151
00:11:07,810 --> 00:11:11,970
At 3 .30pm, the mother of another
student saw Philip running near the
152
00:11:12,710 --> 00:11:17,210
She relayed this information to the
principal at about 6pm that day, around
153
00:11:17,210 --> 00:11:19,290
same time Diana had reported him
missing.
154
00:11:20,620 --> 00:11:24,240
Philip then returned to the building
about half an hour later with blood on
155
00:11:24,240 --> 00:11:25,860
jeans and without his shoes.
156
00:11:34,400 --> 00:11:35,860
He changed his clothes.
157
00:11:46,960 --> 00:11:49,980
Heading back into the second floor
bathroom one more time.
158
00:12:00,490 --> 00:12:04,190
and stayed on site for a while longer,
skipping his after -school sports
159
00:12:04,190 --> 00:12:05,190
practice.
160
00:12:06,010 --> 00:12:07,730
He then left the building completely.
161
00:12:11,990 --> 00:12:16,010
He went straight to the cinema and
purchased a ticket for a 4 .30pm film
162
00:12:16,010 --> 00:12:21,010
showing. He left at around 6pm, and then
used Colleen's credit card at the
163
00:12:21,010 --> 00:12:22,010
nearby Wendy's.
164
00:12:22,750 --> 00:12:26,390
Near the cinema, police later found both
Philip and Colleen's smashed phones.
165
00:12:26,910 --> 00:12:29,630
indicating that Philip had destroyed
Colleen's phone near the school
166
00:12:29,630 --> 00:12:33,350
surroundings, which is why her phone's
last known location was there.
167
00:12:33,870 --> 00:12:38,590
The pathologist said there were two
causes of death, asphyxiation and the 16
168
00:12:38,590 --> 00:12:42,490
stab wounds to the neck, three of which
hit major blood vessels.
169
00:12:43,070 --> 00:12:47,270
They said it was not possible to say
which killed her, but the pathologist
170
00:12:47,270 --> 00:12:51,170
that she believed the asphyxiation
happened first because the knife wounds
171
00:12:51,170 --> 00:12:55,010
the neck were so severe it would have
been too difficult to strangle her after
172
00:12:55,010 --> 00:12:56,010
stabbing her.
173
00:13:00,540 --> 00:13:04,940
Asphyxia by strangulation as well as the
sharp force injuries are both lethal in
174
00:13:04,940 --> 00:13:06,220
their own right and separately.
175
00:13:06,680 --> 00:13:11,320
I couldn't be certain, again, we talked
about the sequence with which injuries
176
00:13:11,320 --> 00:13:16,800
occur, I couldn't be certain whether the
asphyxia occurred and then the decedent
177
00:13:16,800 --> 00:13:20,220
lived through that episode, therefore I
combined them as essentially a hybrid
178
00:13:20,220 --> 00:13:21,220
cause of death.
179
00:13:21,360 --> 00:13:25,440
Medical examiners believe Killeen was
likely still alive when Philip dragged
180
00:13:25,440 --> 00:13:26,960
body into the woods behind the school.
181
00:13:27,400 --> 00:13:30,440
and subjected her to the horrific sexual
assault with the tree branch.
182
00:13:30,740 --> 00:13:35,300
A professor of psychiatry at Harvard
Medical School said cases such as these
183
00:13:35,300 --> 00:13:36,840
were off the charts rare.
184
00:13:37,680 --> 00:13:41,920
I personally have never seen anything
like this in the hundreds of cases I've
185
00:13:41,920 --> 00:13:45,300
had and the thousands of cases I've
supervised, he said.
186
00:13:47,370 --> 00:13:50,590
We're also working developing news
tonight in a shocking high school
187
00:13:50,590 --> 00:13:54,630
this afternoon. A Massachusetts teenager
was arraigned on charges that he
188
00:13:54,630 --> 00:13:57,650
robbed, raped, and murdered his high
school math teacher.
189
00:13:57,990 --> 00:14:01,350
Eyewitness News anchor Shannon Heggie
joins us now live with the developing
190
00:14:01,350 --> 00:14:02,350
details.
191
00:14:02,590 --> 00:14:06,190
Mike, 14 -year -old Philip Chisholm said
next to nothing during today's
192
00:14:06,190 --> 00:14:10,030
arraignment except to plead not guilty
to murdering 24 -year -old Colleen
193
00:14:10,030 --> 00:14:13,610
Ritzer. We'll take a stretch of this
indictment. Guilty or not guilty?
194
00:14:14,190 --> 00:14:15,190
Guilty.
195
00:14:15,790 --> 00:14:19,110
Those were the only words to come out of
the mouth of Philip Chisholm at Salem
196
00:14:19,110 --> 00:14:20,110
Superior Court.
197
00:14:20,130 --> 00:14:24,650
The 14 -year -old is charged with
murder, aggravated rape, and armed
198
00:14:24,650 --> 00:14:29,330
the October 22nd killing of Danvers High
School math teacher Colleen Ritzer. Her
199
00:14:29,330 --> 00:14:33,230
body was discovered in the woods near
the school with her throat slit and a
200
00:14:33,230 --> 00:14:35,010
reading, quote, I hate you all.
201
00:14:35,670 --> 00:14:38,170
Prosecutors have not yet released a
motive for the killing.
202
00:14:38,530 --> 00:14:42,070
Chisholm was ordered held without bail
and is due back in court for a pretrial
203
00:14:42,070 --> 00:14:44,270
hearing on January 30th.
204
00:14:45,450 --> 00:14:49,070
Despite the overwhelming amount of
evidence, including Philip's partial
205
00:14:49,070 --> 00:14:51,530
admission, he pled not guilty.
206
00:14:52,050 --> 00:14:57,130
In Massachusetts, anyone 14 years old or
above who is charged with murder is
207
00:14:57,130 --> 00:14:58,790
automatically tried as an adult.
208
00:14:59,230 --> 00:15:03,250
Philip was tried as an adult on the
murder charge and as a youth offender on
209
00:15:03,250 --> 00:15:05,650
charges of armed robbery and aggravated
rape.
210
00:15:05,930 --> 00:15:09,670
While he was awaiting trial, Philip
attacked a youth services worker.
211
00:15:10,010 --> 00:15:11,970
He followed her into a locker room.
212
00:15:12,320 --> 00:15:16,340
where he choked and beat her before
other workers intervened. The worker
213
00:15:16,340 --> 00:15:21,160
suffered injuries to her face, jaw, neck
and back, and Chisholm then faced
214
00:15:21,160 --> 00:15:25,060
further charges and a separate trial for
attempted murder in this case.
215
00:15:26,160 --> 00:15:29,920
His trial in Colleen Ritzer's case,
however, began in 2015.
216
00:15:31,360 --> 00:15:35,260
Philip's lawyers did not dispute Philip
killing Colleen, but argued that it
217
00:15:35,260 --> 00:15:38,520
happened during a psychotic episode that
had been triggered by Colleen
218
00:15:38,520 --> 00:15:40,260
mentioning the word Tennessee to him.
219
00:15:41,130 --> 00:15:44,930
On this basis, they asked for the jury
to find him not guilty by reason of
220
00:15:44,930 --> 00:15:45,930
insanity.
221
00:15:46,070 --> 00:15:50,470
Defence attorney Denise Reagan said that
Philip's family also had a history of
222
00:15:50,470 --> 00:15:54,490
mental health issues and that he likely
suffered from them too from an early
223
00:15:54,490 --> 00:15:58,670
age. A psychiatrist that testified for
the defence also said that Philip
224
00:15:58,670 --> 00:16:02,830
probably has early -onset schizophrenia
and that this also accounted for his
225
00:16:02,830 --> 00:16:03,830
actions.
226
00:16:07,020 --> 00:16:08,920
So what is this case about?
227
00:16:09,140 --> 00:16:12,200
This case is about why did this happen?
228
00:16:12,820 --> 00:16:18,700
Why did a 14 -year -old boy, well
-behaved,
229
00:16:18,860 --> 00:16:24,880
quiet, one month into high school, do
these terrible things?
230
00:16:26,180 --> 00:16:32,840
The answer is he was severely mentally
ill. He had been suffering from a
231
00:16:32,840 --> 00:16:35,980
psychotic disorder since the age of 10.
232
00:16:37,200 --> 00:16:42,820
Now, at the end of the day in 2015, did
you reach a diagnosis for Philip
233
00:16:42,820 --> 00:16:46,200
Chisholm? I did. And what was that
diagnosis?
234
00:16:46,700 --> 00:16:52,500
I made two diagnoses. One was a
depressive state, best described in my
235
00:16:52,500 --> 00:16:57,620
major depressive state, and another was
a brief or transient psychotic episode.
236
00:16:58,260 --> 00:17:02,860
Now, in forming your diagnosis, what did
you rely on?
237
00:17:03,790 --> 00:17:08,349
I relied on my clinical observations,
the observations of the clinical team.
238
00:17:08,690 --> 00:17:15,490
I had available to me two psychological
reports done early in the fall.
239
00:17:16,890 --> 00:17:21,770
But a doctor who testified for the
prosecution argued that Philip was not
240
00:17:21,770 --> 00:17:24,270
psychotic and that his symptoms were
inconsistent.
241
00:17:25,710 --> 00:17:26,890
And Dr.
242
00:17:27,430 --> 00:17:32,550
Heaven, what were the results of Philip
Chisholm's MMPI for adolescence?
243
00:17:33,130 --> 00:17:39,810
The results suggested that it was likely
invalid because his F minus K
244
00:17:39,810 --> 00:17:46,730
scale was excessively elevated and
suggested that he was attempting
245
00:17:46,730 --> 00:17:53,730
to fake bad and to demonstrate that he
was severely
246
00:17:53,730 --> 00:17:54,730
mentally ill.
247
00:17:54,850 --> 00:17:58,250
He was attempting to demonstrate that he
was severely mentally ill. Is that
248
00:17:58,250 --> 00:17:59,189
correct? Correct.
249
00:17:59,190 --> 00:18:02,070
I interviewed Philip Chisholm.
250
00:18:02,960 --> 00:18:09,680
On a number of occasions between July
and October 3rd of this year for a total
251
00:18:09,680 --> 00:18:15,500
of approximately 13 hours, I'm first
looking for whether or not there is
252
00:18:15,500 --> 00:18:20,820
evidence of a mental disease or defect
as it's understood under the law.
253
00:18:21,740 --> 00:18:26,620
I then look to see whether or not if
there was a mental disease or defect,
254
00:18:26,620 --> 00:18:33,060
is evidence that the defendant was
substantially impaired in their ability
255
00:18:33,060 --> 00:18:37,600
either appreciate the wrongfulness or
criminality of their act or to conform
256
00:18:37,600 --> 00:18:41,040
their conduct to the requirements of
law.
257
00:18:41,260 --> 00:18:47,460
So I'm essentially marching through the
legal standard, trying to put the
258
00:18:47,460 --> 00:18:50,240
information and evidence that I have
into this.
259
00:18:50,940 --> 00:18:52,660
kind of logical progression.
260
00:18:53,300 --> 00:18:57,660
And with respect to whether Philip
Chisholm was suffering a mental disease
261
00:18:57,660 --> 00:19:03,680
defect on October 22nd of 2013, did you
reach an opinion to a reasonable degree
262
00:19:03,680 --> 00:19:04,760
of psychological certainty?
263
00:19:05,160 --> 00:19:06,420
I did. What was that opinion?
264
00:19:07,560 --> 00:19:12,840
My opinion is that on the date of the
alleged offense, Mr. Chisholm was not
265
00:19:12,840 --> 00:19:15,720
suffering from a mental disease or
defect.
266
00:19:16,260 --> 00:19:19,620
And did you reach an opinion to a
reasonable degree of psychological
267
00:19:20,320 --> 00:19:23,780
as to whether he understood the
wrongfulness of his conduct and could
268
00:19:23,780 --> 00:19:25,840
his conduct to the requirements of the
law.
269
00:19:27,040 --> 00:19:29,220
I did reach an opinion on that.
270
00:19:29,520 --> 00:19:30,540
What was that opinion?
271
00:19:31,480 --> 00:19:38,060
My opinion was that although Mr.
Chisholm at the time may have been
272
00:19:38,060 --> 00:19:41,420
indications of distress or emotional
disturbance,
273
00:19:42,330 --> 00:19:47,350
that to the extent to which they were
present, they did not substantially
274
00:19:47,350 --> 00:19:53,450
his capacity to distinguish the
wrongfulness or criminality of his act
275
00:19:53,450 --> 00:19:58,470
identify that, nor did it substantially
impair his ability to conform his
276
00:19:58,470 --> 00:19:59,850
conduct to the requirements of law.
277
00:20:01,890 --> 00:20:05,950
They said that it was obvious that
Philip had planned the attack in
278
00:20:05,950 --> 00:20:10,330
he already brought a ski mask, gloves
and a box cutter to school that day.
279
00:20:10,730 --> 00:20:14,270
and this was not a psychotic break based
on the conversation they had had in the
280
00:20:14,270 --> 00:20:15,270
classroom.
281
00:20:17,450 --> 00:20:20,950
Philip's defence lawyers also fought
hard for him to be acquitted of the
282
00:20:20,950 --> 00:20:21,950
assault in the woods.
283
00:20:22,510 --> 00:20:26,670
They disagreed with medical examiners,
saying that they thought Colleen had
284
00:20:26,670 --> 00:20:30,690
already died by the time the assault
with the tree branch happened, meaning
285
00:20:30,690 --> 00:20:34,030
Philip should be acquitted of that part
of the crime on that basis alone.
286
00:20:35,750 --> 00:20:42,000
I told you at the beginning of this
case, It's not in question who did these
287
00:20:42,000 --> 00:20:43,000
terrible acts.
288
00:20:44,220 --> 00:20:46,520
And the evidence has borne me out.
289
00:20:47,540 --> 00:20:54,460
The defense acknowledges the enormity of
this task and thanks you for
290
00:20:54,460 --> 00:20:55,800
your commitment to this.
291
00:20:56,160 --> 00:21:01,740
The evidence is clear that Philip
Chisholm has suffered from a psychotic
292
00:21:01,740 --> 00:21:07,040
disorder, most likely early -onset
schizophrenia, from the time he was
293
00:21:07,820 --> 00:21:09,760
Now, what's the evidence of that?
294
00:21:09,980 --> 00:21:15,540
Well, first you have the testimony of
three experienced psychiatrists. Ladies
295
00:21:15,540 --> 00:21:22,020
and gentlemen, the terrible, horrible
event of October 22, 2013 didn't unfold
296
00:21:22,020 --> 00:21:23,020
a screen capture.
297
00:21:23,120 --> 00:21:25,600
They didn't unfold in a still image.
298
00:21:25,840 --> 00:21:31,740
They happened in real time, in real
life, in a place, at a time.
299
00:21:32,510 --> 00:21:36,770
at Danvers High School in the middle of
what should have been a normal day in
300
00:21:36,770 --> 00:21:38,350
the middle of the afternoon.
301
00:21:39,270 --> 00:21:44,410
And make no mistake, they didn't happen
to Philip Chisholm.
302
00:21:45,050 --> 00:21:51,910
He did these terrible things to Colleen
Ritzer, and she was only 24
303
00:21:51,910 --> 00:21:52,910
years old.
304
00:21:53,210 --> 00:22:00,110
And the only still image that matters in
this case is the image of
305
00:22:00,110 --> 00:22:01,370
Colleen in the woods.
306
00:22:03,280 --> 00:22:09,340
The image that the defendant painted of
Colleen, strict, battered,
307
00:22:09,340 --> 00:22:11,220
brutalized and violated.
308
00:22:14,020 --> 00:22:17,520
Life sentences without parole for
juveniles have been found to be
309
00:22:17,520 --> 00:22:18,940
unconstitutional in Massachusetts.
310
00:22:19,540 --> 00:22:23,200
And, under separate decisions made by
the U .S. Supreme Court and the
311
00:22:23,200 --> 00:22:27,080
Massachusetts Supreme Judicial Court,
Philip could not be sentenced to life
312
00:22:27,080 --> 00:22:29,220
without the possibility of parole for
murder.
313
00:22:32,590 --> 00:22:37,170
When something terrible happens, people
will often say it could always be worse.
314
00:22:37,690 --> 00:22:43,450
It is difficult for this court to
imagine what could be worse for an
315
00:22:43,450 --> 00:22:48,650
or a family to endure than the brutal
and senseless murder of Colleen Ritzer.
316
00:22:49,970 --> 00:22:52,930
Colleen Ritzer lived a life of quiet
heroism.
317
00:22:53,390 --> 00:22:55,170
That's what most teachers do.
318
00:22:55,850 --> 00:23:00,310
Henry Adams observed that a teacher
affects eternity.
319
00:23:00,990 --> 00:23:04,090
She can never tell where her influence
starts.
320
00:23:05,050 --> 00:23:09,770
Colleen Richer's parents, more than
most, have learned the reach of their
321
00:23:09,770 --> 00:23:14,190
daughter's influence, but at a cost no
parent should have to endure.
322
00:23:14,430 --> 00:23:20,490
While the extent or lack of extent of
the defendant's mental health was the
323
00:23:20,490 --> 00:23:25,410
subject of exhaustive testimony at
trial, the Commonwealth presented
324
00:23:25,410 --> 00:23:28,990
overwhelming evidence that the defendant
had substantial capacity.
325
00:23:29,920 --> 00:23:34,980
to appreciate the wrongfulness of his
conduct and have the substantial
326
00:23:34,980 --> 00:23:40,800
to conform his conduct to the
requirements of the law. I will punish
327
00:23:40,800 --> 00:23:45,760
defendant for the murder of Colleen
Ritzer and I will punish him for the
328
00:23:45,760 --> 00:23:49,860
well as the armed robbery of the
underpants she put on in the morning of
329
00:23:49,860 --> 00:23:56,320
death. But I may not utilize the
horrific rape and robbery of Colleen
330
00:23:56,320 --> 00:23:58,880
punish the defendant for this
unspeakable murder.
331
00:23:59,320 --> 00:24:00,360
more than the law allows.
332
00:24:01,480 --> 00:24:06,560
This court will impose the mandatory
life sentence for the murder of Colleen
333
00:24:06,560 --> 00:24:12,880
Ritzer and set a parole eligibility date
of 25 years, the highest level our law
334
00:24:12,880 --> 00:24:13,880
allows.
335
00:24:14,040 --> 00:24:19,580
This court will impose a concurrent
sentence of 40 years to 40 years and one
336
00:24:19,580 --> 00:24:25,480
for the rape of Colleen Ritzer and a
concurrent sentence of 40 years to 40
337
00:24:25,480 --> 00:24:28,020
and one day for the armed robbery.
338
00:24:29,230 --> 00:24:33,950
In imposing a sentence for the rape at a
date in excess of the parole
339
00:24:33,950 --> 00:24:40,530
eligibility date for the murder, the
court is not suggesting
340
00:24:40,530 --> 00:24:47,090
that the rape, as heinous as it was, was
more egregious than the murder.
341
00:24:47,790 --> 00:24:54,550
Rather, this court is constitutionally
obligated to set a parole date no more
342
00:24:54,550 --> 00:24:56,550
than 25 years for her murder.
343
00:24:57,480 --> 00:25:03,280
While Colleen Rich's rape and murder
were inextricably intertwined, this
344
00:25:03,280 --> 00:25:07,980
may not punish the defendant with more
prison time for the rape than justice
345
00:25:07,980 --> 00:25:13,860
demands for the purposes of avoiding
constitutional limitations imposed by
346
00:25:13,860 --> 00:25:19,420
Massachusetts Declaration of Rights as
interpreted by a Supreme Judicial Court
347
00:25:19,420 --> 00:25:22,180
for the murder committed by a juvenile.
348
00:25:22,640 --> 00:25:24,040
Sentence may be imposed.
349
00:25:27,020 --> 00:25:30,920
Ultimately, the jury rejected the
insanity defence that Philip Chisholm's
350
00:25:30,920 --> 00:25:33,140
lawyers had put forward and found him
guilty.
351
00:25:33,420 --> 00:25:38,700
Because the judge also imposed
concurrent sentences of 40 years for
352
00:25:38,700 --> 00:25:42,440
years for armed robbery, this means he
will not actually be able to apply for
353
00:25:42,440 --> 00:25:44,540
parole until he is in his 50s.
354
00:25:44,860 --> 00:25:49,060
Philip was, however, acquitted of the
second count of rape committed using the
355
00:25:49,060 --> 00:25:50,060
tree branch in the woods.
356
00:25:50,640 --> 00:25:55,530
During the 10 hours of deliberations,
This was the only question juries had
357
00:25:55,530 --> 00:25:57,250
had to ask the judge to clarify this.
358
00:25:57,910 --> 00:26:01,970
Defence attorneys argued that Colleen
was dead when she was in the woods and
359
00:26:01,970 --> 00:26:03,970
when Chisholm violated her with the
branch.
360
00:26:04,270 --> 00:26:08,650
A medical examiner said they couldn't
say with certainty that she had died by
361
00:26:08,650 --> 00:26:09,650
this point.
362
00:26:09,910 --> 00:26:14,030
Jurors ultimately believed she was no
longer alive at this point and
363
00:26:14,030 --> 00:26:17,810
Massachusetts law requires a live victim
to convict someone of rape.
364
00:26:18,550 --> 00:26:19,730
Unlike other states,
365
00:26:20,530 --> 00:26:23,330
Massachusetts doesn't have a law against
abuse of a corpse.
366
00:26:24,390 --> 00:26:28,210
Philip Chisholm was placed in a state
juvenile detention facility and will
367
00:26:28,210 --> 00:26:29,590
there until he turns 21.
368
00:26:30,190 --> 00:26:32,090
He will then be sent to a state prison.
369
00:26:35,310 --> 00:26:39,210
This high school math teacher will be
back in court this morning. The 16 -year
370
00:26:39,210 --> 00:26:42,890
-old is facing attempted murder charges
for attacking a youth worker while he
371
00:26:42,890 --> 00:26:46,450
was awaiting trial. Fox 25's Michael
Henrich, live outside Juvenile Court in
372
00:26:46,450 --> 00:26:48,770
downtown Boston with more on the story
for us. Good morning, Michael.
373
00:26:49,960 --> 00:26:53,160
Good morning. This is the first time
we'll see Philip Chisholm since that
374
00:26:53,160 --> 00:26:58,680
verdict in the trial, the murder trial,
regarding victim Colleen Ritzer. This
375
00:26:58,680 --> 00:27:03,600
court hearing is happening here at
Suffolk County Juvenile Court on that
376
00:27:03,600 --> 00:27:07,400
attempted murder charge that he tried to
kill a Department of Youth Services
377
00:27:07,400 --> 00:27:10,100
worker in Dorchester while awaiting
trial.
378
00:27:11,800 --> 00:27:14,720
Philip's mother reached out to the
Ritzer family and said...
379
00:27:15,320 --> 00:27:19,300
Words can't express the amount of pain
and sorrow these past two and a half
380
00:27:19,300 --> 00:27:20,300
years have been.
381
00:27:20,740 --> 00:27:24,360
However, there is no one who has
suffered more than the Ritzer family.
382
00:27:24,860 --> 00:27:30,280
My utmost esteem, prayers and humble
respect is with them today as they
383
00:27:30,280 --> 00:27:31,280
their journey to heal.
384
00:27:32,840 --> 00:27:37,440
Tom Ritzer said, It makes me sick to
know that I walked the same halls as her
385
00:27:37,440 --> 00:27:42,040
killer. It makes me sick to know I drove
by her in the woods and drove home.
386
00:27:51,560 --> 00:27:55,900
Peggy said she often has to stay
isolated from people because pretending
387
00:27:55,900 --> 00:27:57,200
happy is so difficult.
388
00:27:59,380 --> 00:28:03,740
Colleen Ritzer loved nothing more than
inspiring and supporting people,
389
00:28:03,740 --> 00:28:05,440
them and helping them to learn and grow.
390
00:28:06,320 --> 00:28:09,920
The difference Colleen made to so many
people's lives was clear by the
391
00:28:09,920 --> 00:28:12,480
outpouring of heartfelt messages
following her passing.
392
00:28:13,620 --> 00:28:18,440
Over 1 ,000 people turned out to pay
their respects at Colleen's funeral and
393
00:28:18,440 --> 00:28:22,820
hundreds of students and teachers
participated in numerous vigils and
394
00:28:22,820 --> 00:28:24,800
community events to celebrate her life.
395
00:28:26,660 --> 00:28:30,920
Her family established the Colleen E.
Ritzer Memorial Scholarship in her
396
00:28:31,390 --> 00:28:37,910
which, since October 2013, has awarded
over $370 ,000 in college scholarships
397
00:28:37,910 --> 00:28:39,370
82 future teachers.
398
00:28:40,110 --> 00:28:43,950
One of Colleen's friends also started
the Kindness for Colleen campaign.
399
00:28:44,850 --> 00:28:49,890
This encourages everyone to perform
random acts of kindness on October 22nd
400
00:28:49,890 --> 00:28:51,670
year and share them on social media.
401
00:28:52,230 --> 00:28:58,590
A beautiful and fitting tribute for the
kind, positive and compassionate Colleen
402
00:28:58,590 --> 00:28:59,590
Ritzer.
37204
Can't find what you're looking for?
Get subtitles in any language from opensubtitles.com, and translate them here.