Original subtitles

911 DISPATCHER: Elkhart 9-1-1.

What is your emergency?RODNEY SCOTT [ON PHONE]: I--

I just shot two guys.

911 DISPATCHER: Shot two people?RODNEY SCOTT [ON PHONE]: Yes.

They broke into my house.

I'm holding a gun on the people right now.

911 DISPATCHER: Are they in the house?

RODNEY SCOTT [ON PHONE]: Yes.They're in the house right now.

They're in the closet.

Hurry up. Please.

911 DISPATCHER: OK, don't hang up.

What's your name?

RODNEY SCOTT [ON PHONE]: Rodney Scott.

911 DISPATCHER: Rodney?

RODNEY SCOTT [ON PHONE]: Yeah.

911 DISPATCHER: Rodney, put the gun down, OK?

RODNEY SCOTT [ON PHONE]: Get back.

911 DISPATCHER: R-- Rodney.

RODNEY SCOTT [ON PHONE]: Get back.

Brother, ain't you from across the street?

[dial tone]

ANGIE: Elkhart, Indiana.

It's, um, very small.

Really small.

You don't realize it's as smallas what it is, but it is small.

Sometimes the only thing hereto do is maybe go to the bar.

And you don't want to get in trouble here.

We have quotes about Elkhart,like you come here on vacation,

and you can't leave becauseyou end up on probation.

Yeah, it's just a small town that seems

like everybody knows everybody.

I've lived a big chunk of my life

on Frances Avenue in Elkhart.

I lived with my parents growingup on the other end of Frances.

We did move out of thearea, but then I came back.

As a young teenager, a younger age,

I would be at the roller rink.

We all did the roller rink thing.

We did have a small mall not too far from here

that we would hang out at.

But there still wasn't a lot to do.

So of course we had ourparties and underage drinking

issues and things like that.

At 16, I was hanging outwith a good friend of mine.

And her brother was also close to our age.

And things led to things, and we end

up getting pregnant with Blake.

And, of course, either oneof us were quite ready.

So I stepped up to be thesingle mother that I had to be.

Went to school-- high school.

After high school, went toa part-time job every day.

And Blake did everything with me.

Blake was at my graduation.

Blake was in my senior pictures.

I remember I didn't go to my junior prom

because I was practicallya labor at the time.

It was real close to thesame time that the prom was.

I did make it to my senior prom, so that was nice.

But yeah, it was-- it wasn't easy being

a single young mother.

But I grew up with Blake.

Blake was my everything.

I've never lived without Blake.

He was my sidekick.

No matter where I was, Blake was there.

I think that's the hardest part.

It's like we've kind of grown up together.

And he's always been a bighelp, helping with his brother

and sister, too.

That day, I got a phone callthat there was an incident that

happened a few blocks from our house

on Frances Avenue statingthere was a lot of police.

So I called my son, Blake,just to see what was

going on in the neighborhood.

But I couldn't get in touch with him.

KATHERINE: I was at school,and I got a call from Blake's

mom, Angie, freaking out.

Like, there's cops down the road.

I have a feeling it's about Blake.

Blake's not answering his phone.

ANGIE: I was flipping out.

I know my son.

And I know my son will pick up my phone

call at every phone call.

So I felt in my gut something was wrong.

KATHERINE: I got to Blake's house.

There was a whole bunch copsand ambulances down the street.

ANGIE: I talked to an officer, but I

was denied any information, or if it

had anything to do with my son.

Somebody said five of teenagershad broke into a home,

and that my son was involved.

The next thing I find outis pretty much that two

of the kids had been shot.

One was alive, and one was dead.

I didn't know if it was my son that w--

was gone.

Which passed.

KATHERINE: Angie left to the hospital

to see if Blake was there.

And an officer showed up and said

that we had to talked to Officer Price, which

was the homicide detective.

So at that point, we were all, oh my gosh.

Like, something reallybad has happened to Blake.

ANGIE: On the way to the hospital,

the police station called me.

They had Blake.

He had been shot in somebody else's home.

And so I went to the Elkhart Police station.

I got questioned quite a bit.

I just kept asking to see my son.

And at the time, he's 16.

I should've been able to see him.

They wanted me to sign thepaper to have him questioned.

And they told me that theywere charging him with murder.

KATHERINE: The first personthat Blake called was me.

He called me, and he was bawling,

talking about how he messed up.

And he wishes that he had never done anything.

He was just sobbing.

[somber music]

MALE REPORTER 1:Prosecutors announce four

men are facing murder charges.

And Judy, why are these men being charged

with murder when they didn't pull the trigger

that killed their friend?

FEMALE REPORTER 1: Well, Brian, the prosecutor

made it very clear today.

Under Indiana law, when you'rein the midst of engaging

in criminal behavior and someone is killed,

murder is an available charge.

It sends a strong messageto criminals here that crime

will not be tolerated.

[bell chimes]

We live day to day.

We live day to day, you know?

You-- you fill your time out the right way.

You occupy your time with the right things

and avoid the wrong.

You know, it's prison.

You're surrounded by negative all the time.

Be a light in the dark, you know?

Be the one that's different.

It's hard.

It's been nine months already, and I'm

still waiting on my trial.

I mean, you don't get tophysically see your family,

you know?

You're talking to the only people that

are there for you over a phone.

Over a screen.

And it's tough.

You're in this big place all by yourself,

and you can't even give yourmom a hug, or your girl,

or-- nothing.

I wasn't a bad kid.

I made mistakes.

Every kid does.

Tried to play sports when I was younger.

Didn't really like it.

Didn't do it.

MAN: Come on, Blakey.

Come on, Blakey-bloo.

[chuckles]

When I got older, started--

tried getting high, stuff like that.

Just kind of startedhanging out with, you know,

guys that were doing I was doing.

So that's all we did, you know?

Kicked it and got high.

That day, I was with Anthony,Jose, Levi, and Danzele.

I had known most for a long time.

All good friends.

I don't know why we decided we were going

to break into somebody's house.

I think it was money.

Probably to get higher.

I don't know.

We knocked on people's houses,see if anybody was home.

One house had dogs or something.

I don't remember.

And then pretty sure it wasJose that said something

about the house across thestreet, not being there a lot,

and at work.

So we knocked on that door.

Nobody picked up.

And, you know, in our heads,that meant no one was there.

At that point, Levi decided to stay back

and kind of became the lookout.

And kind of want to sayDanzele kicked the door in.

We went inside.

And we weren't in there probably a minute.

Not very long at all.

There was a wallet and a watch.

I just grabbed it.

And that's when thehomeowner had come downstairs

and began shooting.

We're all in a bedroom.

And we turned around and run back in a closet.

I didn't know I'd got shotuntil I grabbed my leg

and it started hurting.

And I realized, oh, yeah.

I was shot.

And then I noticed thatDanzele was kind of falling.

And I kind of looked over, and I seen on his chest

that his sweater was all red.

And then it kind of clicked inmy hand, like, oh, you know,

he got shot.

I tried to pull him in the closet,

and I felt the blood on my hand.

And that's when he had died.

CURTIS HILL: The law is quite clear that if one

engages in a felony--

and particular felony, burglary--

and, during the commissionof that burglary, someone

dies as a result, that wecan charge felony murder.

To the future criminals, that message is, gee,

if you go breaking into somebody's house

and somebody dies as a result,Elkhart County is going

to hold you up for murder.

And I think that's animportant standard to have.

ANGIE: They're going to be raised

with criminals for years.

If they're gonna put themwith that kind of time,

they're going to go to the worst of the worst.

[inaudible]

Because they're max security,because they're murderers.

That just makes me so sick to my stomach.

TAMMY: That's too much.

I get myself--

ANGIE: That's why we'vegot to keep things going.

It helps.

But we need to do arecent summary of the case

and what has happened to put on--

Update the flyers, I was thinking.

That's what I was thinking, too.

I was like, I need to go through there and--

We don't want to draw it all out either,

because they did commit a crime, and they

deserve to be punished.

Oh, definitely.

It's not like we're justtrying to get out of it.

We know Blake didwrong, and we know that he

broke into that man's house.

But charge him with what he did.

Charge him for the breakingand entering, even burglary.

It's a six- to 20-year sentence for these kids.

Felony murder is stretching.

It's cruel punishment to these teenagers.

The felony murder rule, it'sjust-- it's very outdated.

You don't have to prove an intent to kill any--

I mean, you don't evenactually have to do the murder

to be charged with it.

I just think that's ridiculous.

All they have to do is provethat you were in the commission

of the alleged crime.

That blew me away, and I've beendealing with the legal system

for years.

They caught me completely off guard.

[guitar music]

ANGIE: The day before our trial was beginning,

I had myself prepared for the worst.

Prepared for a guiltyverdict of felony murder.

But as I went through thetrial, and the week, and I--

I thought, if anything, them 12 jurors--

somebody was going to decidenot to send these boys away

for the rest of their lives.

It seemed like we had a nice juror.

It would've been fair and decent.

There was like eight females, four males.

Some of them a couple schoolteachers.

I just-- I just had big hope that these people

would not charge these boyswith something they didn't do.

KATHERINE: I got Blake's hopes up because

of how good trial was looking.

We were talking on the phone those days

like, man, we got this case.

Like, we're going to win.

You're going to come home.

You're going to get charged with burglary.

As we sit here today, we have the death

of Danzele Johnson, whichis absolutely unvindicated.

Not one of them truly didaccept responsibility.

You know, our laws do notcome close to addressing

what a violent attack-- aburglary-- is on your home.

I mean, where do our children feel safe?

They feel safe in their beds.

And they don't think that peopleare going to violate that,

and yet that's exactly what happened here.

CURTIS HILL: Everybody isentitled to their opinion.

That's what this Americansystem is all about.

I'm not here to address concerns.

Certainly anyone who's involved in the case

from a family standpoint,this is a tough day.

But whatever the jury decides, we live with.

ANGIE: At about 10 till midnight,

they came back with a verdict.

And as soon as I sat downand they brought the jurors in,

I felt it in my stomach.

I just remember, basically,when they read the verdict,

them saying Anthony's name.

Hearing all three guilties.

And Blake stood up.

He looked back, and hisface was just full of tears.

Like, his face was all droopy.

And I don't remember seeing anything else.

[somber music]

[sobbing]

I wish that there would have been

a different outcome becausethey did not commit a murder.

They did not pull that trigger.

CURTIS HILL: That's a tough message.

But it's the right message, because we

have to take a position that when

you break into someone's home, you

have to be held accountable.

It's certainly a verdictthat I think is appropriate.

MALE REPORTER 2: Now an updateon a deadly Elkhart county home

invasion that took place last--

FEMALE REPORTER 2: --weekend.

And Kelly, those boyswill likely end up serving

half their sentences, if that.

FEMALE REPORTER 3: --because ofday-for-day credit in Indiana.

The judge also recommended drug counseling

for the three of them since theywere high on marijuana the day

the home invasion happened.

But their fight isn't over.

FEMALE REPORTER 4: Now, this whole case has been

going on for about 10 months.

Is there any word the families will appeal?

FEMALE REPORTER 5: They planto fight this until the end.

So that could mean appeals.

FEMALE REPORTER 4: All right.

Tricia Harte, live from the newsroom.

Thank you.

We'll never get this puzzle done.

[chuckle]

Curtis Hill can't catch areal murderer in Elkhart.

So he's got to go and make stats for himself.

I've always loved the United States.

I've always had pride in the United States.

But this is not just.

That makes you wonder, is this the right place

to raise my family?

You break into a home that you think is empty.

You don't have any weapons.

You retreat the entire timewhen somebody comes in.

How can the United States put some--

a child, no less--

not an adult, but a child--

in prison for that amount of time?

To completely destroy theirlife, their family life?

And I understand that thischild should be punished.

There's no doubt in my mind thatthat child should be punished.

But--

People that actually kill someone--

Yes.

--are getting less time than--

Are getting less time than-- than this

child that made a bad choice.

And he needs to learn from that.

But--

It wasn't murder.

It was not murder.

I mean, I can't even get on the internet sites

where there's a storyabout this because people

make me sick with the waythey're "lock these thugs up.

They deserve everything they get."

You don't know these kids.

They're not gang members thathave been running the street.

This is his first offense.

ANGIE: This case has alreadycost us a lot of money.

Paid our first lawyer 15,000.

And now we're starting all over for the appeal.

We have to find a new lawyer,which is probably going

to cost more than that one did.

So we're having prayer rally-slash-cookout.

We're supplying the meat.

Everybody's [inaudible] inside.

We'll have a jar out there.

We're gonna try to raisemore money for the appeal.

It's going to be a long, expensive process.

RICK: I want to thankeach and every one of you

for your support.

We appreciate everything you've done.

Appreciate you coming out here today

to enjoy this beautiful Labor Day with us.

And we would like to give something back now

and give some thanks to the Good Lord.

I ask, Father, that Youlook over these young men

and give them the strengthand courage they need to lead

others in hopes that they can be a light

in a dark place, Father, and that they

can lead others to You.

In Jesus precious name we pray.

Amen.

[phone rings]

You guys ready for some kickball or what?

[laughter]

Hello?

What's up, son?

We got a lot of people outhere that showed up, man.

A lot of people showed up here to support

you now and the cause.

It's going to seem worse,but it'll get better.

You know?

[inaudible] I'm-- I'm gonnaput you on with Katherine, OK?

She's-- she's mugging me.

KATHERINE: No, I am not.

She hasn't took her eyeballs off me.

All right, son.

I love you, Blake.

Keep your head up.

Hello?

RICK: I missed a big part of Blake's life

that I've spent in prison.

They call it theDepartment of Corrections,

but there's not much--

it's not really set up to correct anybody.

Most of the people I knowthat have spent time--

long, long prison terms--

don't come out much better than what

they were when they went in.

There's no preparing yourself for that.

But I try to talk to him and prepare

him to be ready to deal withwhat he's going to experience.

He's a strong kid.

And I know he has the right intentions,

and I know he'll do the right thing.

But I'm scared for him.

I-- I just can't--

I can't even find the words.

I don't--

I don't want him to experiencethe things I experienced

and make the choices I made.

I wish I could, you know, push a button

and make all this go away.

Or go with him and protecthim every step of it.

I'm home, and our family's reunited,

and we're all together.

It's what we've all always wanted,

and he's been taken away.

A long time ago, all I remember

is watching "Cops" on TV and, like,

seeing them help their communityand all other things that

come along with being a cop.

I wanted to be a part of that, you know?

I wanted to be helping peopleand putting the bad ones away

and, you know, all that.

I was actually getting law enforcement

credits at the career center.

And then, in the middle ofall that, Blake got arrested.

At first, I didn't really talkabout it with a lot of people

because most of it was, you know,

you're stupid for staying with him.

And so I didn't really talkabout it law enforcement class.

But when I did, it just made me want to cry.

Like, it was bad.

They were just thugs, and theydeserve to be where they are.

And if they get life, well then, so be it.

That was just a lot for me, especially

since I've been datingthis kid for, like, a year.

And everybody knows, and they just

still decide to talk about it.

It was hard.

I just don't feel like I could ever

be a part of law enforcement.

I know I should have pursuedit and made a change.

But there was just something about it

that I just cut everybody off

ANGIE: Destiny, what are you studying?

Triangles.

Oh, I seen that you were looking

triangles up on the iPad.

Oh, yeah.

You must've been havingtrouble with your homework.

This is confusing.

90 plus 26.

That's two angles.

This whole situation wasreally, really hard for Destiny.

When she was born, she was diagnosed with

an astrocytomas brain tumor.

They say that it was not operable.

It spread out.

It's not like a one-spot tumor.

It's different spots all over the brain.

The doctors were sayingshe was going to be blind.

You know, they thoughtshe probably wouldn't even

make it till five.

She started chemo right away.

She's been through a few roundsof chemo through the years.

What time is it?

[inaudible]

I don't know, but we can go.

Yeah, 8:24.

But she pretty much quit whenthis all happened with Blake.

That was her rock.

Blake did a lot.

He went to chemo.

Did the medicine with herin the middle of night.

Very involved with Destiny.

So when this situation happened, she

refused to take chemo pills.

She just stopped.

So we had to have a meeting at the hospital

with the nurse, the doctor.

We all discussed what to do in the situation,

and we chose to let her take a break.

So she has been totally off everything.

But she still has the brain tumor.

Every three months, we go to the hospital.

Get an MRI check on it, makesure it's not growing any.

Unfortunately, we kind ofgot a little rough news

that there was a little bitof color difference, which

means that it could be active.

But we're going to just watch it,

and hopefully we'll just stay on break,

and we won't have to [inaudible]

Oh, I'm late.

I'm getting out of the car.

ANGIE: All right.

I love you.

DESTINY: I'll probably never see you again.

ANGIE: Destiny!

All right, I'll be here atwhat time, um, to pick you up?

Oh my gosh.

I love you!

DESTINY: No, you don't.

ANGIE: [chuckling] Bye, Destiny!

Son?

Come on, baby.

WOMAN: Do you want to tryand [inaudible] or no?

BOY: No, I'm good.WOMAN: Do you want to light his?

BOY: No, I'm good!

It may go out of the way, butwe'll relight it if it does.

ANGIE: We just want to rememberthe day there was a life lost

here, and a young man too soon.

Way too soon.

Danzele's mom will neverbe able to hug him again.

BOY: Amen.

WOMAN: Amen.

Amen.

BOY: If we could all justbow our heads for a minute.

Dear Heavenly Father, wecome to you on this holy day

just to ask for Danzele's family.

Let their grief be short,and just let them know

that he's in a better place.

We come here not only for the Elkhart four,

but know that there's anotherangel up there in Your heaven.

And just help us push everyday to fight for what we know

is right.

And we thank you.

Son Jesus Christ precious,holy name, we pray.

Amen.

CROWD: Amen.

Danzele's mother had come to visit me.

I didn't know how the familyfelt about what had happened.

You know, I didn't know if she was going

to come up here and yell at me.

But she told me, thank youfor staying with Danzele

while everything was happening.

You know, he's 21 years old.

That's-- That's young.

He had so much life.

And now-- you know what I mean?

And I told his mom, when Iget out, I will not mess up.

I will do right.

Because I feel like I'mdoing it not only for myself,

but for Danzele as well.

Because he's not going toget the chance, you know?

I mean, I feel bad every day.

I feel bad for the homeowner.

And I feel like a lot of people don't--

really don't look at him.

He had all the right to do what he did.

We were in the wrong 100%.

And I don't want him tothink anything different.

He did what he had to do.

That was our mistake.

I'm sorry he has to live withthat for the rest of his life.

[clank]

ANGIE: Destiny!

Destiny [inaudible]!

You excited to see your brother?

Mm-hmm.

ANGIE: Yeah?

- I get really anxious. - Yeah.

KATHERINE: My stomach starts to hurt,

like, right before we go in.

If I look good, or if I look weird, or--

everything's gotta be right.

[phone rings]

Oh, this is one of the boys now.

It's Anthony.

FEMALE VOICE [ON PHONE]: Yourcurrent balance is $10.17.

Hi, Ant!

Hey, Anthony.

DESTINY: Hi, Ant.

That was Katherine and Destiny.

You're on speakerphone.

So how's it going?

You OK?

Watch your mouth!

[snickering] All you guys have--your mouth has gotten bad.

Yeah, Katherine's being a butthole because she

thinks that we're lost.

KATHERINE: What do you mean, a "butthole"?

She's just driving straight.

We can be in freaking California by now,

for all she knows, but no.

I'm kind of glad that I hadBlake first because now, having

a girl, because I have Katherinenow instead of Blake right now.

Whew!

So, what is wrong with you?

You're having chest pains?

Well, you need to worry about it,

because that could be serious.

You probably should tell the nurse or something.

No, you need to do that.

I'll-- I'll pay for it.

ANTHONY [ON PHONE] Aw, man.

ANGIE: I'm gonna pay for it!

You need to get it checked out.

It could be serious.

Much love, Anthony.

Bye!

You keep your head up you.

And you study for that test.

All right, love you.

Yeah, you too.

[music playing]

This is mine and Blake's song.

Oh, gosh.

[inaudible] on the way?

[chuckle]

[music continues]

KATHERINE: Blake told me thatyou never put me through him

going to jail for 55 years.

But I have never resignedabout breaking up

because you've gotta staystrong for each other.

ANGIE: Destiny.

Destiny, honey!

We're here.We've gotta see your brother.

Come on.

Sweating? You hot?

You nervous?

[laughs]

You're OK.

[chuckles]

You don't get to see himevery day, so I gotta look good.

It's like a date.

Yeah.

Every 14 days, huh?

With his mom.

[groaning]

Come on!

I can't feel my feet!

MALE REPORTER 3: The ElkhartFour is now obviously

a big story in our area.

Very high profile.

FEMALE REPORTER 6: It'sbeen a controversial case

from the beginning.

ANGIE: I get aggravatedwhen people call them thugs,

because they're not thugs.

They made a bad choice at 16.

MAN: I think they did the crime, they do the time.

JENNIFER: To be in jail for that many years--

there was no murder.

People who murder people get out in less

time than with these boys.

This sounds like thecourts approved some briefs

from the forensic court.

Sounds good.

TAMMY: Change.

You're clicking the wrong one.

The wrong button.

Thank you.

[awkward laugh]

TAMMY: "Appeals courtapproved two supported briefs.

Several groups not directly associated

with the Elkhart Four have askedto file briefs in the appeals."

ANGIE: So these are people that just

asked if they could put their two cents in

and the judge approved it?

TAMMY: "Each of these amicus are being filed

in support of Blake and Levi.

It is easy to guess that they will be relying

on recent scientific evidencedifferentiating the adolescent

from the adult brain to supporttheir submission to the court."

Huh.

So I'm assuming the judgecould say, no, they don't

have nothing to do with it?

But they're accepting it.

So I guess that's really good news, yeah.

And I like this--

KATHERINE: Hold on, he's calling.

Tell him I said hi.

BLAKE [ON PHONE] Blake.

OPERATOR: To accept charges, press 4.

[beep]

Hello?

Hi.

Good morning.

ANGIE: Maybe we should call the lawyer

and ask her these questionsabout these updates.

TAMMY: All right.

She's usually really good about letting us

know everything anyways, but--

We're bothering her on a Saturday.

I know.

Probably if she doesn't want tobe bothered, she won't answer.

Kind of like [inaudible].

CARA [ON PHONE]: Cara. - Yeah.

Hi, Cara.

All right, fine.

I'll just buy myself a ring.

I'm just kidding.

Calm down.

I wish you were here.

TAMMY: We had somequestions on the appeals.

We've told you about theblog for the Elkhart Four?

Let me just read you a little bit of it.

"The Indiana Court of Appealsapproved the inclusion

of two amicus briefs submittedby friends of the court,

supporting the appeals filed by Blake Layman

and Levi Sparks for their 2013felony murder conviction."

So I guess we're askingexactly what does that mean?

That's a good, good thing, right?

That's good.

CARA [ON PHONE]: Yeah.

Are you hopeful at this point?

Hey, what time are you gonna call me later?

10:00?

OK.

[ANGRILY] 10:30?

Oh.

Like, 4:00 and then 10:00.

[barking noises] [chuckle]

Oh, because he wasn't a juvenile.

Right, right.

I'm just worried about [inaudible]..

I feel like he's getting left behind.

CARA [ON PHONE]: Yeah.

I miss you, too.

Be good.

And keep your head up.

And call me at 4:00 or I'llpunch you in the nose, and OK.

OPERATOR: You have one minute left.

I love you.

I miss you, too.

K, bye.

Love you.

I really--

I have a lot of faith in her.

I do too.

And she does sound pretty confident.

I like that.

This is my first visit right here.

It was the first time Iactually got to give Katherine

a hug in, like, a year.

Or a little over a year.

She's always been there for me.

And it helps so much to look forward to that,

to have someone to call,to have someone to talk to.

To even just, you know, complain about your day,

or hear them complain about their day.

And I want to show her that, you know,

I really do mean when I say, I really do mean

I want to be with you forever.

You know, I'm not--

not leading you on.

I'm not doing anything like that, you know?

I proposed to her.

You know, I--

I kind of can't do it, youknow, the normal way in here.

But I called my grandma and told her,

you know, hey, tell her yougot a T-shirt or something,

you know.

Have her come over to the house, and you

give her this ring for me.

And I called her later on that night.

Or I called her earlier that dayand told her, you know, like,

will you marry me?

And obviously she said, yeah.

Rick moved out.

It's just a lot of stresson the relationship.

It was overwhelming for him.

You're locked up for this many years,

and you get out to your child locked up.

And now you're on the other side, and--

where before, it wasalways Blake visiting him.

We argued sometimes about moneybecause he didn't understand.

He didn't even know how to control the lights

because he's never had to.

So, like, I would come home,and every light in the house

would be on.

And I wouldn't complainabout it because I knew--

in the back of my head, I'mlike, gosh, that's because he's

been locked up for so long.

He didn't understand finances.

I think it was easier for himto walk away and just leave

the situation and not focus on what

I have to focus on every day.

How do you feel about your MRI?

Crappy.

Crappy?

Because I don't want to go in there

and sit there for an hour, and then

have to go to an eye appointment.

You just don't wanna do it?

No. I'm tired.

Me too.

I feel real nauseous.

Do you?

MAN: All right, sweetie.

I want you to just look at the green line, OK?

Cool.

Now put your arm back under this blanket here.

[inaudible] or anything, OK?

Thanks for doing such a good job.

[inaudible] Oh?

Awesome.

Thank you.

WOMAN: You're welcome.

So close.

ANGIE: I wonder if that's Blake.

It is.

Uh.

DESTINY: Did he remember?

I don't know, maybe.

Hi, Son.

What's up?

How are you?

Yeah.

That's awesome.

Right, because Destinywas like, did he remember?

Hello?

WOMAN: Hi, is Destiny in here?

ANGIE: Yeah, she's in here.

All right, I love you too.

All right, bye.

Let's check you out.

[inhales sharply]

Have you been feeling well?- Yeah.

ANGIE: I'm sorry, Son.

I need to talk to the doctor.

I love you too, Son.

I miss you a lot.

MALE REPORTER 4: Now, There's a battle

in Indiana for the job asthe state's attorney general.

FEMALE REPORTER 7: That's right.

Curtis Hill has prosecutedcases in Elkhart County

since the early 2000s.

But he's looking to start a new chapter

in his political career.

Hill argues the skills for an Attorney General

are very similar to that of a prosecutor.

There's fact finding in that.

There's investigation review.

There's a determination ofwrong conduct and right conduct.

And then you expand that to an entire state.

And the idea is to create a tenor of safety

for as many people as possible.

[gentle music]

WOMAN: Welcome, everybody.

This morning, normalvisitation rules don't apply.

So you can give your welcoming hug and kiss,

and we'll get started.

I love you.

I love you.

All right, I want you to look at your partner.

Look them square in theeye, and just say, honey.

Honey.

MAN: Let's talk.

Honey, let's talk.

What does goodcommunication look, like?

Just brainstorm that for a minute.

What's that say?

Listening and understanding.

WOMAN: How much do you care--

truly care-- about that individual

that you have to put somebody down like that.

When we talk about puttingdown, how do you think

it affects your physical state?

[mellow music]

It's hard not to get discouraged.

I don't want to forever belabeled a murderer because when

I got out to get a job,they look up my background,

and it's going to say murder.

It's not going to say felony murder

and tell them all about my case.

It's going to say murder.

Not a lot of people will look over that.

My earliest possible releasedate is April 3, 2040.

That's my earliest possible release date.

I don't think it takes 27 year--

27 and 1/2 years to figureout, OK, I fucked up.

OK, I need to change mymindset to be better to change

and succeed in society.

Become something.

For me, I know it didn't take that long.

Hell, I feel like I'm ready now.

I've been down here two years.

I'll do some more time on top of it, though.

I committed a crime.

I'll sit here, you know?

That's part of the consequences.

But 20-something years?

You know, I feel like thattakes away from the things

that you decided you were going to change.

And you're surrounded by negative.

You're surrounded by fighting.

But you have to continueto keep a good mentality,

like, OK, I can do better.

I can still become something in life.

I imagine myself in an apartment, you know?

Hell, probably with a kid, you know?

This is where I am.

It's sad and it sucks.

Over time, they just kind of wear you down

and wear you down.

Your visit's here.

OK.

Thank you.

That's one of my biggestfears, is it's going to like--

it messing up my mindset, andI have less regard for getting

in trouble from now on.

And then letting my family down.

And that's not what I want to do.

We're good?

Yep, you're good.

They're there for me, and I need to--

I need to continue to proveto them that I'm doing right.

Baby bird.

Baby bird!

Aww.

Yup.

You know, you had manya boyfriends before Blake

that I did not like, did not care for.

They were completely unrespectful.

And Blake came in here day one, and I told you

the first day that I liked him.

And he's got a really good heart,

and he made a bad mistake.

And the last thing he needed was for people

to walk away from him.

He deserves a secondchance, just like everybody

deserves a second chance.

And we're very proud for sticking with Blake,

because, you know, he's a goodkid that does not deserve this.

JENNIFER: Yes, he was a good kid.

And we are going to fight.

We are going national.

We are going to get all the research that we

can on all the other cases.

And I'll always be Blake's friend.

And I'll always have aplace in my heart for Blake.

But do I think that Iwant you to spend 45 years

holding your life for Blake?

RICK: No.

No.

That's not what I want.

Take his phone calls.

Be his friend.

Hold his hand.

Never stop being that boy's friend.

But you're going to haveto move on with your life.

You can't wait 40 years.

You know that.

Obviously, Katherine isvery passionate about Blake

and loves Blake with her entire heart.

So it was an extremely difficult conversation.

But I felt that, as a mother, I need

to make sure that she's OK, because she's

obviously my number one.

Also, I wrote a letter to Blake and asked

him to let her go becauseit's not fair to her

for him to expect her to stay with him.

But he had no intentionsof letting her go either.

MALE REPORTER 5: The Indiana Supreme Court

is pushing back anappeals hearing for three

of the so-called Elkhart Four.

The court was scheduled tohear arguments this Wednesday

in the appeal of Blake Layman,Levi Sparks, and Anthony Sharp.

It will now take place in late February.

Defense attorneys will have 20 minutes

to explain why the court should toss out

their felony murder convictions, or at least

lessen their sentences.

Hearing that appeal didn'tgo through was extremely hard.

Times are hard right now.

There's a lot of money going out.

We actually had to get a loan.

It's been a long process.

And Blake still doesneed to be taken care of.

I know some people say, well, he's fine.

They don't need money.

Well, they don't-- yeah, theyget their three meals a day.

Do they have enough hygiene to last?

No.

Do they get paper for free?

No.

You know, they need all that too.

So I still have to take care of Blake also.

Unfortunately, we can see him every two weeks,

but I've had to postpone every two weeks.

I can't afford to do everytwo weeks, unfortunately.

I have a used vehicle that's older.

And we did have the incidentof going to see Blake,

and the vehicle breaking down.

And we're, you know--

I mean, to get stranded in Indianapolis.

There's a lot of risk, too,of driving 4 and 1/2 hours.

It's really hard, becauseI'd be there every two weeks.

And if we lived close, we'dbe there every two weeks.

And so that's kind ofupsetting sometimes, to know--

I mean, there's been times where I didn't

even have money on my phone.

And when he calls, that's heartbreaking,

knowing I can't answer the phone because I

don't have money on the phone.

It's very heartbreaking.

And same with other boys.

It's like, you know, Anthony calls a lot.

And it's hard for me all thetime to answer his phone call.

Sometimes I just don't have themoney to answer it, you know?

How much was that bag of candy?

Um, $3, because it was--

So doing this for anotheryear or so to see if we can

get in front of the Indiana Supreme Court

is not going to be easy.

Take care.

CLERK: You too.

[slow guitar music]

[cheering]

My parents struggle a lot with the fact

that I was going to stickwith Blake no matter what.

I mean, they want me happy.

But Blake's not my friend.

I want him to be my husband.

And I would never give that up.

JENNIFER: Letting her stickby him was really hard.

But the two of them are going toget married, whether we want it

or not.

So you just decide that you'regoing to do what you want,

and we're going to be righthere beside you, whether we

agree with it or not.

And I do feel, someday, he'll be my son-in-law.

And I'm OK with that.

Blake won me this at the Indiana Beach.

JENNIFER: This found some stuff up there.

Alcohol stashed up there.

Busted!

I guess that's what happens when you move.

You find things that you forgot where there.

Moving out of my parents'house is a big step.

Blake, I suppose, would be doing this too.

A step I wish I didn't have to be taking alone.

But maybe he'll be there whenI graduate college, and--

you know.

So there's always somethingelse to look forward

to that he can be there for.

That's my motivation, basically.

Get through this just to gethim home and start my life.

The greatest equation.

All of love in the worldplus compassion and trust

times infinity divided by youand me minus where I'm at now

equals Blake and KatherineLayman forever and always.

That's cute.

I got that back when he was in County.

Got a lot of stuff.

MALE REPORTER 6: Tonight,major new developments.

MALE REPORTER 7: The IndianaSupreme Court will hear

arguments this Wednesday in the appeal of three

of the so-called Elkhart Four--

Blake Layman, LeviSparks, and Anthony Sharp.

JENNIFER: Hi.

Scared? Nervous?

KATHERINE: Yeah.

See what happens.

So, in the morning--

I mean, I figure we shouldbe up by at least 5:00

and on the road no later than 6:30.

KATHERINE: Tomorrow, I'mgoing into the Supreme Court.

Not really sure what to feel.

I mean, the worst scenario could be

them sticking with a felony murder law

and him doing 45 years.

Or he could be coming home.

They could just dismiss the case, and--

so I don't know what to feel.

I'm trying not to get too excited.

[guitar music]

ANGIE: We are going in front of the judge.

And our lawyers are goingto argue our point of why

felony murder should not have been

applied to the Elkhart Four.

The felony murder rule is very controversial.

From state to state, it changes the wording.

It's not very clear on who should be charged,

who shouldn't be.

Should we chargejuveniles, should we not.

And in the Elkhart case, Ithink a big part would be

there was no intent for harm.

There was no weapons involved.

KATHERINE: I don't know whether to be

excited or scared or nervous or throw up.

It can go anywhere.

They might not drop everythingand be like, OK, you can go.

But I have faith that my years will get dropped

to something a lot less.

Can you explain to me, like,exactly what this court can do?

They're going to grant or deny transfer.

And then if they take it andsay, this is not felony murder,

then it goes back to juvenilecourt, in Blake's case.

We're hoping that the Supreme Court will

drop to felony murder ruling against them

and charge them with the crimethat they actually did commit.

LORETTA RUSH: I'm looking forward

to hearing the argument.

The appellants are Blake Layman, Levi

Sparks, and Anthony Sharp Jr.

Indiana's felony murder statute

uses the action verb "kills," and it

refers back to the felon.

So it's the felon who must do the killing.

Not the victim of the original crime.

Not the victim, Your Honor, yes.

And then we have the questionof whether this is even felony

murder as a matter of law.

You can kill by causing death.

You don't have to pull the trigger.

You have to cause death.

And if you cause death byplunging a knife in someone's

breast, yes, you've murdered.

If you cause death by notwarning someone the bridge is

out, you've killed.

They did try to target a housethat they thought was empty.

They went in unarmed.

They were trying to limit the harm.

PROSECUTOR: They weren't trying to avoid it.

If they were trying to avoidit, they would've stayed home.

16-year-olds are old enough,at least, to know this much--

that if you burglarize someone'shome in a way that makes

them fear for their life, thenyou are guilty of felony murder

if a death results.

FEMALE REPORTER 8: The Indiana Supreme

Court did not decide if itwill hear Blake Layman's case.

Just simply heard arguments.

No timetable for adecision has been released.

We'll continue to watch for developments.

[television chatter]

I don't like being alone.

It's boring.

Sad.

I work a full-time job, [inaudible] doors.

And they'll come off the machine,

and I catch them and place them on the skid,

and take the skids over to shipping.

But even though I'm working a full-time job,

I can't really go out and do things

like I used to be able tobecause I don't have the money.

I pay rent.

Truck payment.

And then, on top of that, Ihave Blake, which is about $500

a month.

I mean I spend commissary,gas to get there, phone calls.

It costs $3 a phone call, andhe calls me three times a day.

So it's a lot of money.

And then I get on Facebook and I'll

see my friends start familiesand go off to college,

move to California, and me being kind of stuck.

This is definitely notthe life that I expected I

would have when I was littler.

[slow guitar music]

Thank you.

Thank you.

Thank you.

[sigh] Go ahead.

Oh my god.

Oh my goodness.

They're going to be so happy.

Them boys are going to be so hysterical.

[inaudible] known that graduation day, though.

Right?

I know.

The same day.

Same day.

How-- yeah.

So exciting.

Don't think he's here yet.

I don't see Levi or him.

The Supreme Court overruled.

The Supreme Court has overruled our case.

And he doesn't know he doesn't know yet.

ANGIE: He doesn't know.

Shh.

Oh my god, I'm gonna pass out.

So excited.

So excited.

I almost feel sick to my stomach, even.

This is not real.

Do you know what this means?

Oh my gosh.

KATHERINE: We get to have a real wedding.

ANGIE: Oh my god.

KATHERINE: We get have a real wedding.

Oh my god, I see him. [gasp]

Shh!

Hi, guys.

Hug.

Oh my god, I love you.

So we gotta talk to you guys.

The Supreme Court decision came back.

All right.

You guys are no longerconvicted felony murderers.

We won!

You're not a murderer.

ANGIE: I've been waiting for this so long.

I don't wanna cry.

Cry, babe.

Cry.

Cry, man.

You're not a murderer, man.

[sobs]

Man.

Congratulations.

Thank you, man.

Thank you.

[inaudible] get that shit back.

Man.

Congratulations.

Thank you, thank you.

[music playing]

[SINGING] Just make it through the rain.

Even though we don't ever show our pain,

we try, we try, to make it through the rain.

Even though we don't ever showour pain, we try, we try--

WOMAN: Blake Layman.

[applause]

I love you, Son.

[shutter clicks]

Congratulations, honey.

I love you.

It's a damn good day.

[music playing]

[SINGING] My mother always said,

Son, just make it through the rain.

Even though we don't ever show--

FEMALE REPORTER 9: The Indiana Supreme Court

says Blake Layman, Levi Sparks,and Anthony Sharp did not

engage in any dangerous,violent, threatening behavior,

and nothing about their behavior was the cause

of their friend's death.

FEMALE REPORTER 10: A judge will resentence,

Layman, Sharp, and Sparksfor the burglary conviction.

The maximum for that is 20 years.

But with day-for-day credit and time

they've already served in the last three years,

they might only have to do another six years.

The one name left out ofthe Supreme Court opinion

is Jose Quiroz.

He pleaded guilty before thetrial and, because of that,

was not able to appeal.

He's currently serving a 45-year sentence.

But I am told a public defenderis trying to get him less

time since he was 16 when it happened.

KATHERINE: I'm so scared, I ain't playing.

You're scared, or just anxious and--

I'm scared.

--nervous about what's going to happen?

Yeah, I'm scared.

Like, really bad.

Just don't go and ask him stupid questions.

Do you imagine how he's feeling and how we feel?

I bet he is, like, a mess.

At least he got himself in that situation.

That's true.

I gotta go up there, and I'm like, aah!

Please don't kill me.

Oh, you're more scared about all that.

The whole court--

Yeah, like, what if I-- what if I'm the one

that gives him 20 years in prison

because of something I say?

There's not much you cansay that's going to influence

the judge's decision.

You know that.

Yeah?

While I'm up there as a character witness,

the prosecutor's job is to lower my character.

Make it look like I am a bad person.

But how can they?

You work every day.

I mean, you have been therefor Blake for three years.

You've done everything.

[sigh]

You'll be fine.

[music playing]

It's gonna be good.

It's what we've been waiting on.

She's shaking regardless.

Yeah, I haven't ate, slept, nothing.

All right, everyone.

We're about to pray.

So everybody gather.

Father God, we come hereagain today for one purpose,

and that's for justice for these boys.

Let them be charged for what they did.

Lord, be with us all today.

Give us strength.

Give these boys guidance when they come home.

Amen.

Amen.

I hope he comes home.

Time served.

But even if he has to do acouple more years, we've won.

This is what we needed.

We've got him to the burglarycharge that he deserves.

So even if the worse comes to worse,

it's just a couple more years.

And we're ready for that.

[upbeat music]

What were you feeling going into this?

Nervous.

Um, I didn't know what to expect.

I was expecting the worst.

I was hoping there was no waythe judge would max him out.

But we got justice today,and that's what we wanted,

and that's the way we've been.

10-year sentence?

Can't ask for nothing better.

He's got a year and a half time cut after he

finishes the PLUS program.

So we're looking at it maybethree months, he'll be free.

Yeah. - Three months?

Yes.

[laughs] Yes.

Thank you.

Oh, Son!

Did you schedule a visit for today?

[mellow music]

Oh my goodness.

I'm just-- I'm, like, sweating.

I'm just so anxious.

Been waiting on this day for a long time.

All right.

I think we're good.

Trying to make sure everything's ready.

OK.

I know, boy.

You anxious, too?

Are you gonna see Blakey?

Baby bird.

He's flying free now.

It's finally ending.

It's almost over.

[guitar music]

BLAKE: I'm out of here, JP.

Stay out of trouble, man.

All right, hillbilly.

Be good.

What'd you say, [inaudible]?What'd you say?

You need a hug?

[laughter]

All right, [inaudible] All right, guys.

Be cool, y'all.

You'll hear from me soon.

All right, Blake.

All right, [inaudible]

- Thank you, brother. - Yup.

Be cool.

Yeah, I know.

I ain't coming back.

It's been 3 and 1/2 years, you know?

I just don't know what to expect.

Kind of nervous, you know?

When I walk out those gates today,

the entire Elkhart Four--

I want to put that behind me.

I want to be Blake.

I don't wanna be the Elkhart Four kid.

ANGIE: Blake!

Blake!

It's an overwhelming sense of love,

you know, just to see everyonetie together like that,

and just come together for that cause.

For me.

I think the only real way to saythank you for all that support

and love is to do right now.

Is to get out and do the rightthing and not disappoint.

I can stand up and say thank you,

but actions speak louder than words.

And for them to see me do good,that would be the ultimate

thank you to all of them.

Here you go.

Thank you.

[cheering]

[cheering continues]

- Name? - Layman.

DOC?

242576.

Awesome. Thank you, sir.

- Thank you. - Good luck to you.

Thank you.

You're going places.

Thank you, man.

ANGIE: Justice for Blake!

[cheering]

Look at that good-looking boy, wow!

MAN: Hey, open them gates for that guy.

ANGIE: You're free, Blake!

Yes!

You're free!

Yeah!

[cheering]

[mellow music]

Oh my god, you're out!

Good to see you, baby.

ANGIE: Your grandma wants a hug.

[inaudible].

He looks so good.

You look so good.

[sobs]

WOMAN: I want in.

I want in!

I want some!

[mellow music]