tv News Channel 3 News at 11 CBS January 16, 2016 11:00pm-11:35pm EST
cuts her abdomen in such a way as to indicate that perhaps she had been harmed by him. >> reporter: and what about the bruising on anita's face and her chipped tooth? recoil, dr. bulic suspects. >> if the gun was held near... near the face, it's possible. >> reporter: but then, shirley rice, a specially trained nurse who's been involved in more than 300 rape cases, takes the stand. she says after examining anita, it's her opinion anita was assaulted. >> at the time i did the exam, i thought of her as a victim of a sexual assault. >> and has anything changed your mind since that time? >> in my evidence, no. >> reporter: but when prosecutors questioned nurse rice... >> you're unable, from a professional standpoint, to ever say for sure whether or not the injury that you see during a sexual battery examination is either consensual or non- consensual, right? >> i cannot tell you whether it's consensual or non- consensual because i wasn't
>> robert cline did not rape anita smithey. >> reporter: and to prove that point, prosecutors call this woman, anita's former friend, torina stewart, to the stand. >> did the defendant ever confide in you with regard to any sex practices that she and robert cline engaged in that stick out in your mind? >> yes. >> can you tell us what that was? >> playing date rape, role playing. >> did she tell you that they had engaged in that date rape or role play scenario on the night that robert cline was killed? >> yes. >> torina turned out to be a snake. >> reporter: did torina betray anita? >> she did in a way that she should've never betrayed her. >> reporter: prosecutors called the case detectives to testify anita told different versions of what happened the night she shot her husband. >> and she started to tell a second story, and i noticed the inconsistencies between that first story and that second
i knew... >> reporter: detective mattingly tells the jury anita first said robert waved a knife at her, but in a second version she didn't even mention a knife. and there were other inconsistencies. but mattingly admits at the time he never took notes. both he and detective depanicis are grilled about their lack of
experience. >> isn't it a fact this is the first homicide case you ever investigated? >> yes, sir, that's true. >> did you ask her how long it had been before she'd slept? >> no. >> did you ask her how long it had been before she'd eaten? >> no. >> did you ask her when the last time she had anything to drink? >> no. >> reporter: jancha argues anita was so traumatized by the events of the evening, she should never have been subjected to a grueling police interview so quickly. >> i speculate, ladies and gentlemen, that there is one piece of evidence. >> reporter: as the trial was wrapping up, many courtroom observers believed the defense
but jancha wanted to seal the deal, to show just how traumatized anita was with one last piece of evidence. >> and that's the 911 call of miss smithey. >> reporter: prosecutors don't object. >> reporter: for the first
time, jurors hear the dramatic 911 call. but amid anita's cries, they also hear anita say robert stabbed her in the stomach with a knife. >> reporter: kelly jo hines and stacey salmons could not believe their good fortune. >> as we objectively listened to that 911 call that was just played to you, and before i start my closing argument to you, i'll address a few things just about that phone call alone. >> reporter: stacey, i'm sitting just behind you there in the
set the snare." >> reporter: by playing that moment where anita says robert stabbed her in the stomach, it opens the door for prosecutors to contradict her. the jury could now hear that previously forbidden part of the interrogation video where anita admits stabbing herself. >> i just know that i freaked out, and i picked it up and i stabbed myself. >> reporter: this is a big deal that you are now going to be allowed to present to this jury, correct? >> yes. >> reporter: he didn't open a door, he opened a vault. ahead at 11 -- a call to end violence in norfolk -- friends and families march the heard.
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>> she shot him. >> she inflicted those injuries to herself. >> reporter: prosecutors close their case against anita smithey with the best argument they've got, that interrogation tape. >> i don't remember where i stabbed myself. i know that i freaked out and i did it. >> reporter: it's proof, they say, that she was not acting in self-defense when she killed her husband. >> i think that is what doomed us. >> miss smithey, please rise. >> reporter: within hours... >> we, the jury, find the defendant guilty of second- degree murder. >> completely outrageous, ridiculous, insane, ludicrous. she was being attacked, she was being raped, and she was terrified. 100% certain, she thought if she tried to flee, if she tried to do anything, he was going to kill her. >> reporter: drew watches, unable to do anything as his mother falls apart. >> i know exactly why she was so hysterical and why she
state? >> it's because she didn't do it. >> reporter: and anita's supporters say they know exactly who to blame... >> there is one piece of evidence. >> reporter: ...anita's own attorney, rick jancha, for foolishly playing that 911 tape... >> he tried to stab me. >> reporter: ...opening the door for prosecutors to use anita's >> i stabbed it, but he was there, too. >> it's not a mistake but a fatal error. >> not only did those statements get played, they got played right at the very end of the trial, the very last thing. >> reporter: anita's camp says the only reason why they lost that case is because of the playing of this 911 tape. what do you say? >> i say that that playing of the 911 tape was only one small piece of a much larger puzzle within a two-week trial.
four long years to begin had come to a dramatic conclusion. >> i finally couldn't wait to look at his parents and hug them. the same with his children. >> reporter: when you guys left the courtroom, you were still pretty stoic, wouldn't talk to reporters. but when you went into the elevator and the elevator doors closed, we could hear you. >> ( squealing ) >> and i'll go on record and say i'm the one who squealed in the elevator. and part of that is just the relief that comes with it, of knowing that you work so hard for an ultimate goal and that you succeeded. >> reporter: but their feelings of relief didn't last long. just before sentencing, anita's attorney suffers a heart attack and falls into a coma. attorney whitney boan steps in to represent anita. this verdict, justice or
>> injustice. she was brutally beaten, and she was forcibly raped. >> reporter: and she was already planning anita's appeal, focusing on that interrogation. >> i don't have any reason to lie to you. >> i'm very optimistic that anita smithey did not receive a fair trial in compliance with the law and that she will have another day in court. >> reporter: but first, anita will be sentenced for robert cline's murder. she's facing life in prison. her 13-year-old daughter is too upset to speak, but anita's son, drew, begs the judge to show mercy. >> my mom is just... she's... she's my everything, and i just want you to know how much i love her and that she's... she's not the person that people are making her out to be.
court he will continue in school with the hopes of becoming a doctor to make his mother proud. then, it was time for the man who gave up everything for his daughter to make one last effort to save her. >> i've always known anita as a very caring person, a person of integrity, and she just added a lot to all of our lives. i... i just appeal to you today. >> reporter: jessica flores tells the judge that essentially anita is a victim of domestic violence, and locking her away is not the answer. >> she wants to help other victims out there. please help her to help other people. >> reporter: to robert cline's family, the repeated characterization of him as an abuser is repugnant.
opposite, they say. >> anita was the abuser, mentally and physically. >> she shot my dad. she killed my dad. she deserves to get life in prison. a life for a life. >> with respect to the sentencing, 40 years total. >> reporter: 40 years. anita will likely be in prison until she's at least 80 years old. >> justice has absolutely been served in this case. >> i agree. robert cline can never come back. he can never hold his children. >> reporter: how important was this moment to you and for the memory of your father? >> it was the most important one yet, to know that my dad's name will not be dragged through the
story show. captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org >> i usually have very strange dreams. i woke up, and it just startled me. i think kelly's hurt. >> i don't think she's clairvoyant. i think she's a killer. >> i was 19 years old. a guy came up. bam, he slammed a gun to my head, and he said, "i'm going to ( bleep ) kill you." i fought with everything i have in my soul to not have a toe tag at the end. >> we got him.
roads -- people were out and the sun was shining -- but that won t last much longer -- good evening. i m gabriella deluca in for erica greenway. the usual january weather is coming back -- and quickly. get ready for temps to drop overnight -- meteorologist dominic brown has the latest on this upcoming winter weather -- tracking a rain/snow mix, then much colder weather....are you ready for some snow? well, some of us could see a little snow on sunday, while others will see a cold rain. as we move through our sunday, all eyes will be on an area of low pressure over the gulf coast. the low will move our way but stay offshore. with it in our backyard, it will likely bring us a quick shot of wintry weather. we )ll likely start our sunday morning under mostly cloudy skies. then, rain
by mid morning roughly 8-10 am over our western communities closer to i-95. some snow could mix in though. between 10 and 12 pm, a lot of us will have a cold rain, with some snowflakes mixing in. however, some communities may see mainly snow by this point, especially along the i-95 corridor and portions of the middle peninsula, the northern neck and the williamsburg area. between 12 and 3 pm, the focus for snow will likely shift to the eastern shore. however, a few snowflakes could mix in for southside before the system races off the coast between 3 and 6 pm. little to no accumulation is expected for much of this event. in fact, if we see any accumulations, it will likely happen on grassy surfaces because our temperatures are expected to stay above freezing through the day. portions of the
a dusting, based on some of our forecast models and the duration of snow that could fall over that area. high temperatures will be in the lower 40s. winds will be breezy from the north between 10 and 15 mph.we )ll start to see a bit more sun monday and tuesday, but it won t be warm at all. high temperatures will only rise into the mid 30s! then, by next weekend, another weather system could bring us a chance of snow, especially late next friday into saturday. stay tuned. now is a good time to download the new newschannel 3 vipir app. you can check out live vipir radar and check the forecast -- as well as get any weather alerts. to download it -- go to w-t-k-r- dot-com-slash- apps newschannel three spoke to public works officials today -- and they say they are monitoring the roads. virginia beach will have a frost patrol out at 2-30. the rest of the area has crews on call and equipment ready to go in the event of snowy roads. stay with newschannel three for the latest. police in two hampton roads cities tonight are investigating
the first happened in portsmouth -- where a dragon city chinese delivery driver was robbed at gun point. police say three men wearing masks approached the driver on towne point road around seven. the driver was not injured. the other happened in virginia beach around 8-15. no injuries were reported during that robbery -- but police say custody. in norfolk -- emergency crews had to pull a car out of water tonight -- this happened around 5-30 on llwellyn and delaware avenue. off the road and into the water -- but the driver was able to make it out. no word if there were any injuries -- or what caused the crash. today in downtown norfolk -- those who lost loved ones to violence gathered to spread awareness. newschannel 3 s kelly rule joins us live in the control room with the details. gabriella -- the loved ones of joseph bose were there. you ll recall he was a hampton university student that lost his life to gunfire at a party near old dominion university )s campus. they
people -- to speak up. 49;10 the person is out there and if they did it once they ll do it again, so it )s our job to make sure that were speaking up speaking up -- about gun violence -- across hampton roads. that was the motivation behind a march through downtown norfolk this morning. 20;35;42 im participating with the community to help spread the word about ending the violence a movement that symone gyles says -- is especially close to her heart. she was there in honor of hampton university student joe bose -- who was murdered back in october -- at a party off of old dominion university s campus. his case -- among 15 murders in norfolk -- still unsolved. 48;30 it )s been almost 3 months-p&-p&- now and no one has come forward with any information 50;25 we have to be out in the community show people that we care that this is an issue that were not going to give up on the group met on granby street and walked in unison to the martin luther king junior
with signs -- and speakers -- encouraging the community -- to start a conversation -- and solve arguments without guns. it s the same message -- that police across hampton roads are also trying to get across. newport news police chief richard myers pushed for community involvement at a news conference yesterday -- in light of a double homicide. 16;53 in more than one incident witnesses have refused to cooperate or provided very little useful information that can help us bring offenders to justice 21 )25 we would plead with the community, help us, meet us and let s partner in doing but community members like gyles -- feel that events like step forward -- in changing that. so no one has to experience what she -- and so many others do every day. 47;04 when you take a life it s not just that person it goes up and up there s people who love them and care about them who are now hurt for the rest of their lives 49;28 no one, no one should
says they are still offering a 10-thousand dollar reward for anyone )s tips that lead to arrest or conviction in his case. their asking you to take action against crime and call the crime line at 1-triple-8- lock-u-up. live in the control room, kelly rule, newschannel 3. five americans who were imprisoned in iran are in the process of being freed tonight. the prisoner swap was confirmed shortly before it was announced that iran has met all measures spelled out in the landmark nuclear deal. wendy gillette has the latest -- pkg: nats iranian state television announced the news saturday...a swap of four americans being held prisoner in iran in exchange for seven iranians held or charged in the us. the u-s state department also dropped international arrest notices and charges for 14 iranians. the four freed americans are washington post reporter jason rezaian, former u.s. marine amir hekmati, american businessman nostra-tolla kos-ravi roodsari and pastor saeed abedini....whose wife spoke from
sot: naghmeh abedini- on phone-already chyroned "it s like christmas and birthdays and everything all the presents all in one." student matthew trevithick was also released as part of a separate agreement. secretary of state john kerry spoke about the developments from vienna. sot john kerry/secretary of state they should be on their way home to their families before long. the prisoner swap was announced hours before the united nations nuclear watchdog - the international atomic energy agency- certified that iran has met its commitments as part of the nuclear deal with six world powers. sot: kerry iran has undertaken significant steps that many, and i do mean many people, doubted, would ever come to pass. )president obama signed an executive order lifting u-s sanctions related to irans nuclear program. graphic that means iran can now sell oil on the open market.iran will have access to the global banking system. and the country will recover a hundred billion dollars in frozen assets overseas. end graphic if its discovered that iran is still moving ahead with its nuclear program, the deal calls for sanctions to once again be
wendy gillette, for cbs news. two virginia men have been charges. the department of justice says one man was taken into custody at richmond international airport. authorities say he was heading to syria. a second man allegedly drove him to the airport. both have been living in woodbridge virginia. the man arrested at the airport is a u.s. citizen -- and is accused of attempting to provide materials and resources to a terror organization. the other -- originally from assisting. in newport news -- police arrested a man who has been wanted for assault charges since november. 20-year-old keishon robinson was wanted in suffolk for domestic assault. police say he )s also being investigated in connection to recent commercial robberies in the area. right now robinson is being held without bond in newport news city jail. in virginia beach -- republican state delegate scott taylor has announced his run for congress -- this comes just days after congressman scott rigell made it
taylor discussed his plans to run and collected signatures this afternoon at keagan )s in town center. right now -- the former navy seal right now -- the former navy seal represents the 85th district in the virginia house of delegates. also in virginia beach today -- people came out to the convention center for the cova wine fest. the festival includes local arts and crafts. there s a craft beer garden, a grape stomp competition and live music! and you still have time to check it out -- it continues tomorrow -- noon until five. coming up on newschannel three -- trump vs. cruz. the g-o-p debate. and hello bay bay. crowds
security forces are hunting for al qaeda-linked gunmen -- who attacked a hotel and nearby cafe under cover of darkness. the gunmen took dozens of people hostage. the country s-p&interior minister says at least 23 people were killed. family and friends are mourning the loss of a chicago newswoman known as a trailblazer. anne swaney s body was discovered yesterday morning in a river in belize. the 39-year-old was an executive producer at abc-seven- chicago swaney was about to go horseback riding -- but volunteered to stay behind when the group was short one horse. when the tour returned -- they they found her body -- with bruises and lacerations -- the next day. no word on what happened yet. state of emergency for michigan. this move by president obama gives fema and the department of homeland security permission to coordinate all relief efforts for the state. earlier this week -- michigan governor rick snyder asked president obama for help. snyder
and the surrounding areas are affected by contaminated drinking water. the new protective measures will provide clean related items over the next three months. the g-o-p presidential race is more contentious than ever -- with the two frontrunners exchanging fire on the campaign trail. weijia jang has the story -- pkg nat sot--ted cruz "who put donald trump in charge of the elevators!" track 1 ted cruz cracked a joke about his closest rival after getting stuck in an elevator on saturday... but the battle between cruz and donald trump is serious. sot--donald trump @11:56:01 am "but then today another story where he forgot another bank - citibank... he forgot!" track 2 at an event in portsmouth, new hampshire... trump accused cruz of hiding a loan from citibank for his texas senate campaign... after cruz admitted he took out a million dollar loan from goldman sachs. gfx in--tweets trump also unleashed half a dozen tweets attacking cruz for his canadian birth place... and for slamming quote "new york values". gfx out sot--ted cruz @ 10:10:35 "well
has a lot of nervous energy - sot-stand up-weijia jiang the democratic race is intensifying too. the candidates are getting ready to face off here in charleston south carolina on sunday night... in the final debate before the iowa caucuses on february first. nat sot--bill clinton "i met hillary 45 years ago this march." track 3 president bill clinton continues to campaign for his wife, frontrunner hillary clinton... who faces an unexpected challenge from bernie sanders. the vermont senator is surging in iowa and maintaining an edge in new hampshire. former maryland governor martin o malley will join them on center stage... with time to connect with voters...running out. weijia jiang, cbs news, charleston sc. former "saved by the bell" actor dustin diamond has started serving his four-month jail sentence. diamond -- who played "screech" on the sitcom -- reported to jail in wisconsin. he was sentenced after stabbing someone in a bar fight more than a year ago. diamond said he was protecting his girlfriend -- when she was attacked by a group of drunk people. the man he stabbed was
the actor was found guilty of disorderly conduct and carrying a concealed weapon. a woman s best friend is heading back home -- after a long trip halfway across the country. amanda benton s chihuahua, coco, ran away from their texas home in september. somehow coco managed to make it to atlanta, where he was eventually tracked down, thanks to his microchip. but benton will never know what experiences her dog went through over the past few months the humane society helped benton by buying her a plane ticket to atlanta. there was "panda-monium" at the smithsonian this weekend. panda cub bei bei made his public debut at the national zoo ! the panda house at the zoo -- home to four giant pandas -- has been closed since bei bei was born in august. zoo staff were ready for the long lines -- when bei bei s older sister, bao
made her debut in 2014 -- more than four thousand people stood in line for hours to see her. bei bei -- which means precious treasure-- was named by first lady michelle obama and the first lady of china. tracking a rain/snow mix, then much colder weather....are you ready for some snow? well, some of us could see a little snow on sunday, while others will see a cold rain. as we move through our sunday, all eyes will be on an
the gulf coast. the low will move our way but stay offshore. with it in our backyard, it will likely bring us a quick shot of wintry weather. we )ll likely start our sunday morning under mostly cloudy skies. then, rain will begin moving into the area by mid morning roughly 8-10 am over our western communities closer to i-95. some snow could mix in though. between 10 and 12 pm, a lot of us will have a cold rain, with some snowflakes mixing in. however, some communities may see mainly snow by this point, especially along the i-95 corridor and portions of the middle peninsula, the northern neck and the williamsburg area. between 12 and 3 pm, the focus for snow will likely shift to the eastern shore. however, a few snowflakes could mix in for southside before the system races off the coast between 3 and 6 pm. little to no accumulation is expected for much of this event.